Without Prejudice. This is a label found in letters between two lawyers who are attempting to settle a claim and yet do not wish to have any admission or concession they make in the settlement process used against them later on. The idea behind “without prejudice” letters is that it is considered as a matter...
Remember the last time you signed a document? You must have felt so good. Or probably invincible. Your signature must have felt like a magic key in your hands. And indeed, in most cases it is. A signature is worth a lot. For starters, it helps in determining the authenticity of a document and the...
On 23rd September 2017, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) will deliver its judgment in the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire)[1]. Hearings in respect of the substantive matter commenced on 6 February 2017 and...
Professor Richard Frimpong Oppong of the Faculty of Law of Thompson Rivers University deserves commendation for adding on to the Ghanaian literature on arbitration. In his work “The Government of Ghana and International Arbitration”, he examines, in a deliberate and painstaking manner, a number of arbitral claims and awards made against the Government of Ghana....
The Supreme Court of Ghana in the case of Civil and Local Government Staff Association of Ghana v. the Attorney-General & 2 Others[1] has held that a member of the civil service or local government cannot contest for elections, other than local government elections, or hold a political party position. In the unanimous view of...
Have you bought an item recently? Is it giving you trouble? Are you still holding on to it? Probably hoping that it may get better? Really? Well, the Supreme Court has news for you. Reject it as soon as you can. On 27th July 2017, the Supreme Court in the recent case of Pyne Associates...
On 26 July 2017, the Supreme Court ruled that the High Court has concurrent jurisdiction with the Labour Commission in hearing cases of unfair termination of employment[1]. This also means that the High Court, just as the Labour Commission, is able to order the reinstatement of an employee (a remedy which previously was said to...
An Accra High Court, on Monday 31 July 2017, declared the deportation of an Indian national by the Ministry of Interior and the Immigration Service as unlawful[1]. In the court’s view, the deportation “was, without a doubt, hasty and unreasonable.” on 1 June 2017, the Ghana Immigration Service arrested the Applicant (an Indian National). He...
An Accra High Court in the case of IFS Financial Services Limited v Jonathan Mensah & Anor[1] has allowed the social media network, Facebook, to be used to notify a defendant of a civil suit after several failed attempts at serving the court processes on him personally. The High Court judge, Justice Sophia Bernasko-Essah in...
A lot of ink has been spilt on parliamentary approval of agreements with the Government of Ghana in recent times. Rafts of Supreme Court decisions exist setting aside agreements entered into by foreign persons (natural and juridical) with the government of Ghana. The reason? – these agreements lacked parliamentary approval. Foreign investors entering into agreements...