The Supreme Court in the case of Raphael Cubagee v Michael Yeboah Asare & 2 Ors[1] has declared the secret recording of a telephone conversation as a breach of the privacy provisions of the constitution. The Court went on to say that the secret recording was not admissible as evidence in court. “To record someone...
Author: Samuel Alesu-Dordzi (Samuel Alesu-Dordzi)
Can an unsigned document give rise to legal consequences?
The Supreme Court in the case of John Affuah & Another v General Developments Company Limited[1] has held that an unsigned document may give rise to legal consequences. The Court stated that the common law has always recognized the principle that the signature of parties to an agreement was not a prerequisite to the presence...
Reinstatements: Not Simply for The Asking
The Supreme Court, in the case of Castro Daniel Yao Attiamo v The Attorney-General & 2 Ors[1], has held that it is not every finding of wrongful or unfair termination that would justify a reinstatement. In other words, reinstatements are not simply for the asking. In the view of the Court, the circumstances of the...
Issuing Disclaimers about Ex-Employees – Legit?
Take a newspaper. Flip through the pages randomly. You may well see an employer-sponsored notice in there together with a photograph informing the public that the subject of the notice is no longer an employee. The notice will often go on to tell the world the ex-employee no longer represents the company and as a...
Book Review: The Law of Mortgages in Ghana by Godwin Djokoto
The law of mortgages has long been considered as an appendage of the law of equity. This is obviously because of the integral role that the English Courts of Equity played in developing, refining and operationalizing the concept in order to ensure fairness and commercial efficacy. However, it seems the association of the law of...
Casual Workers May Well Be Employees
The Supreme Court in the case of Benjamin Aryee & 691 Others v The Cocoa Marketing Board[1] held that a worker initially employed as a casual worker but whose services are used continuously by the employer for a period exceeding 6 months will be deemed as a permanent worker and will be entitled to all the...
Are Banks Allowed to Name and Shame Defaulting Customers?
In 1896, the Bank of British West Africa (which later became the Standard Chartered Bank) opened its first branch in Accra. Between 1920-1950, the Bank of British West Africa and Barclays Bank were the only banks operating in the Gold Coast[1]. The banking landscape has since changed and Ghana now has over 35 banks. But...
Uber’s Ghana Problem
Uber, the online taxi platform, is known all over for two things. First, it is very good at making regulators throw their hands up in despair as it breaks every rule in the book. And secondly, the online taxi platform is good at making its customers fall in love with its service. Different countries have...
Digital and Virtual currencies in Ghana: Did the Bank of Ghana miss the road?
The Bank of Ghana in a recent notice[1] headed “Digital and Virtual Currency Operations in Ghana” sought to clarify the Ghanaian position on digital and virtual currencies in Ghana. Significantly, the notice informed the general public that operations in digital and virtual currencies are illegal and “… activities [operations in digital and virtual currencies] are...
Social Media Can Cost You Your Job
Social Media has come to stay. But will your job stay? Social media has changed the way we relate to the world around us. It has changed the way we communicate with ourselves. And so has it affected the relationship between an employer and employee. We are all busy out there “liking”, commenting, disagreeing, debating,...