The Supreme Court in Clipper Leasing Corporation vs Attorney General & Ghana Airways in Liquidation[1]has highlighted the need for properly drafted third party guarantee agreements as a means of reducing the risks and losses involved in business. In this case, the Court had its eye on the risk of insolvency. The Appellant, in this case,...
The Supreme Court in the case of Martin J Verdose v Patricia Abena Verdose-Kuranchie[1] has affirmed the constitutional limitation on the ownership of freehold interests in land by foreigners. In this case, the Petitioner, a Dutch, married the Respondent, a Ghanaian, in Holland. They moved to Ghana and went on to adopt two children. They...
Now that the dust is almost settling on the latest work of investigative journalist Anas Aremeyaw Anas, it is probably time to examine one of the main charges levelled against him. Entrapment. According to his critics, he leads unsuspecting persons on into committing offences they would otherwise not have committed. The big question therefore is...
The Supreme Court in the case of Republic v Eugene Baffoe-Bonnie & 4 Ors [1] has upheld the right of accused persons being tried summarily to have access to all documents in the possession of the prosecution – irrespective of whether the prosecution intends to rely on them or not. “A trial cannot be fair,...
Investigative journalism assists the traditional media in rooting out corruption and dealing with crimes and abuse of public trust and confidence. As Lord Nichols pointed out in Reynolds v Times Newspaper[1], “it is through the mass media that most people today obtain their information on political matters…In this regard it should be kept in mind...
2016 was a challenging year for the Ghanaian Banking sector. Reports of microfinance institutions folding up were rife. “Owners” of these financial institutions were disappearing mysteriously. The hard-earned savings of many were in jeopardy. Something had to be done. The then President, John Dramani Mahama in his State of the Nation Address (Delivered on Thursday,...
Banking in Ghana began in the 1890s when Standard Chartered Bank (Ghana) Limited established its first branch in Accra. This was followed by the opening in 1917 of a Barclays Bank branch. Until 1953, these two banks were the only commercial banks operating in the country. Then the Bank of the Gold Coast was set...
It has long been thought that an ex-employee could not turn around and complain about a termination package she received (unreservedly) from an employer. The basis for this thinking was rooted in the supreme court decision of Lt. Col. Ashun v Accra Breweries Limited [2009] SCGLR 81. In that case, the Plaintiff was an employee...
On 7 may 2017, the Ghana Law Hub published an article under the heading, “Can a law firm sign a legal process?”In that article, Y. Edinam Cofie discussed a High Court decision in which Justice Bright Mensah came to the conclusion that a “person” as referred to in the Legal Professions Act (Act 32) referred...
Today, we turn the clocks back to a key decision that was given 48 years ago. This was in the case of Sallah v Attorney-General. The facts of the case are well known but probably the decision would not have been this popular but for the social and political interests, it generated. Let’s start from...