Voice Summary by Author: Introduction. The objective of every Plaintiff who commences an action either by issuance of writ,[1] petition[2] or an originating motion on notice[3], is to obtain a favourable judgment, either for the reliefs claimed or for better reliefs if any. When a Writ of Summons and Statement of Claim is issued...
Author: Frederick Gurah Sampson (Frederick Gurah Sampson)
Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection
Introduction. The President of Ghana is, under the law[1], the first gentleman of the land and he takes precedence over all other persons in Ghana.[2] He is given that recognition and the position is given a Constitutional blessing. He is indeed the Head of the State of Ghana and the Commander-in-Chief of the Ghana Armed...
Garnisheeing Joint Bank Accounts – The Ghanaian Law Perspective
Frederick Gurah Sampson Esq and Roselyne Kaledzi Esq Introduction. The Bank-Customer relationship usually commences with the account opening processes. This is the stage where the banks onboard their customers. The type of account opened for the customer is indicative of the kind of relationship that may exist between the bank and the customer during the...
Rethinking Article 78(1), of the 1992 Constitution of the Republic of Ghana – Lessons from Ghana’s Election 2020.
Introduction. If there is one thing that the Parliamentary results of the 2020 elections taught Ghanaians (both politicians and non-politicians), it is the need for political parties to work together for the advancement and in the genuine interest of the people of Ghana. Indeed, His Excellency, the President-elect at the time, Nana Addo Danquah Akufo-Addo...
20 Lessons From 5 Years of Legal Practice
The lawyering journey starts on the day one is called to the Bar. The day of the Call is therefore an important day in the life of almost every lawyer. The date 2nd October 2015 was the day a certain, otherwise shy, author was called to the Bar after a long journey which commenced in...
Matrimonial Jurisdiction of the District Court – Settling the Jurisdictional Controversy.
Introduction Jurisdiction in law is fundamental. It is the power or authority upon which a person or a body acts. Without the requisite jurisdiction, a person, whether natural or juristic, is not clothed with the power to act in a certain manner. It is trite learning that jurisdiction is so fundamental an issue in every...
Understanding the Ghanaian Law on Garnishees (2)
By: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) What happens when the Garnishee pays out the money to the Judgment Creditor pursuant to the Garnishee Order Absolute of the Court? When the Garnishee pays out the money under the Court Order, the Garnishee is discharged from any obligation he...
Understanding the Ghanaian Law on Garnishees (1)
Authors: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) Introduction Parties go to court or resort to any other dispute resolution mechanism (arbitration, mediation etc.) with the hope of getting a favourable determination and enforcing same. When the dispute comes to an end, whether after a full-blown trial, summary, or default...
Security Without Security – Lessons For Banks, And Similar Institutions (2)
Under the Lands Registry In addition to registration under the Companies Act and Borrowers and Lenders Act, any security created over landed or immovable property in Ghana shall be registered with the Lands Commission. Thus, if documents which have been stamped are in relation to immovable properties, then they must as of necessity be registered...
Security Without Security – Lessons For Banks, And Similar Institutions (1)
Banks and Specialized Deposit Taking institutions (SDTIs) exist to provide financial solutions to their Customers. In doing so, they largely take deposits and grant credit facilities to Customers. Credit Facilities come in several forms/types ranging from Contingent Liabilities (Bid Guarantees, Bank Guarantees, Performance Guarantees, Advanced Payment Guarantees, and Retention Guarantees), to Loans, Overdrafts, Finance Lease,...