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...
Author: Samuel Alesu-Dordzi (Samuel Alesu-Dordzi)
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Order 2 rule 4 (2): Some rules may not be handmaidens after all!
Most litigators know this. The rules of court are simply handmaidens and not mistresses. Whiles this statement may be true to a large extent, the Supreme Court in Standard Bank Offshore Trust Company Limited (Substituted by Dominion Corporate Trustees Limited) v. National Investment Bank and 2 Ors[1] has said that some rules of procedure may...
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Second-hand goods and Implied Condition as to Fitness
The Supreme Court has got buyers of second-hand goods beaming with smiles. The Apex Court on 22 March 2016 in the case of Andreas Bschor GMBH & Co KG v Birim Wood Complex Limited & Another[1] held that the condition as to fitness for purpose implied by the Sale of Goods Act, 1963 (Act 137)...
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Pardon me, I have a right to appeal!
On 30 November 2016, the Court of Appeal, Accra in Republic v Tsatsu Tsikata held that the grant of a presidential pardon to a convict did not take away the constitutional right of that convict to appeal against his conviction on its merits. Tsatsu Tsikata, the Appellant, was found guilty of willfully causing financial loss to...