Author:Richmond Agbelengor Voice summary: 1.Introduction In a legal tussle, facts alleged by a party and admitted by the opposite party do not become facts in issue, and same are seldom pursued by the party that alleged those facts. However, where facts are alleged by a party and same are denied by the opposite party, those...
Author: Ghana Law Hub (Ghana Law Hub )
Domestic Violence in Ghana: An Analysis of Ghana’s Current Legal Regime
By: Claudia N.A. Coleman (Private Legal Practitioner) Physical spousal abuse became a regular theme in Media reports in the late 1990s, thus resulting in the establishment of the Women and Juvenile Unit (WAJU) of the Ghana Police in 1998; a specialised unit that handled crimes against women and children. These actions resulted in the Government...
What Do We Desire/Expect From our Legal Apprentices Otherwise Referred to as Pupils?
By Charlotte O. Kwakye-Nuako, Esq, PhD[1] Legal practice is basically an apprenticeship backed by law—at least at the beginning. The Legal Profession Act, 1960 (Act 32) (as amended)[2], allows for persons who have been trained as lawyers to serve under senior lawyers for a period of six months prior to obtaining their licenses. In a...
Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System
By: Seth F.T. Mireku Jnr, Ghana School of Law Introduction It is incontestable that Ghana’s criminal justice system is beleaguered with deficiencies that hinder the smooth, effective and expeditious delivery of justice. These deficiencies include the slow pace of investigations by investigative bodies, the discharge of accused persons for want of prosecution and the logistical...
Disposing Biological Property Under the Wills Act of Ghana
By: Albert Mireku Agyepong (Law and Development Associate, Taylor Crabbe Barristers and Solicitors) Introduction Benjamin Franklin once wrote “… in this world nothing can be said to be certain, except death and taxes.” While men have found ways to avoid taxes, a solution to death remains elusive. Another shared feature of death and taxes is stringent regulation...
Board of Governors, Achimota School vrs Nii Ako Nortei II & 2 Ors: A Case Of Judicial Sympathy Elevated to Principle of Law?
By: Isaac Kwadwo Ankah (Associate, A-Partners@Law) “…The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law” – Anin Yeboah JSC in Amosa (No.1) v Korboe (No.1)[1] In Harley v Ejura Farms (Ghana) Ltd[2] Taylor...
COVID-19 in Perspective: A Prophecy on Looming Negligence Claims (3)
By: Christine Selikem Lassey (University of Ghana School of Law) This last essay comes on the heels of two others, which sought to explore the specie and terrain concerning negligence claims in this COVID-19 era. The first discussed the liability of medical practitioners during COVID-19 and explored the possibility of immunity while the second essay...
COVID-19 in Perspective: A Prophecy on the Looming Negligence Claims (2)
By: Christine Selikem Lassey (University of Ghana School of Law) “The rule that you are to love your neighbour becomes in law; you must not injure your neighbor… You must take reasonable care to avoid acts or omissions, which you can reasonably foresee would be likely to injure your neighbor”. (Lord Atkin Donoghue vs. Stevenson [1932]...
COVID-19 in Perspective: A Prophecy On Looming Negligence Claims (1)
By: Christine Selikem Lassey (University of Ghana School of Law) The Coronavirus pandemic has impacted the law and society in many ways. New legal pillars are expected to be constructed on the law’s foundation to accommodate the new societal order. The health sector has been battling to curb the spread of the virus. In so...
The Utility of Marriage of Mohammedans Ordinance Under the Current Ghanaian Legal Dispensation
Where the marriage is not registered within the prescribed one week period, or where the attendance of any of the persons whose signature is necessary to complete the registration process cannot be procured, the High Court may extend the time for registration, and/or dispense with the signature of any of the prescribed persons, upon an ex parte application made to that Court.