Generic selectors
Exact matches only
Search in title
Search in content
Search in posts
Search in pages

Author: Justice Alexander Osei Tutu

The author is a Justice of the High Court of Ghana and is currently on secondment in the Gambia. He obtained his LLB at the University of Ghana in 2000 and was called to the bar in 2002. In 2010, he joined the bench as a circuit court judge – after 8 years in private practice. He became a High Court Judge in 2013. Justice Alexander Osei Tutu holds an LLM in International Human Rights from the Fordham University and a Diploma in Transnational Criminal Law from the International Law Enforcement Academy at Roswell, USA.

Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked

June 26, 2020

Towards the last quarter of the 19th Century, a very important ‘marriage’ was celebrated in England that brought together two hitherto hostile, but independent personalities. This newly wedded couple was the common law and equity. So important was their holy solemnization that it took a statute (i.e. the Judicature Act of 1873-1875) to tie them down […]

Read More

21st Century Restatement Of The Principle In Kponuglo V. Kodadja

June 12, 2020

Introduction On 24th November 1933, the Privy Council delivered a decision that has had far reaching consequences on not only our jurisprudence but British West Africa in general. The case was Abotche Kponuglo and Others v. Adja Kodadja[i](known in our law reports simply as: Kponuglo v. Kodadja and in this article as ‘the Kodadja case’). The ratio of […]

Read More

Is Akrong vrs. Bulley Still Good Law?

May 29, 2020

Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a plaintiff of his or her locus.  For many years, the law as established in the case of Akrong & Another vrs. Bulley (infra) had been that a plaintiff who issued a […]

Read More

Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?

May 8, 2020

The Facts of the Case In the case of Hayford Ofosu Amaning v. The Republic[i], the High Court had tried summarily an accused person who was charged with robbery and attempted murder. The accused was convicted on both counts and sentenced to a term of twenty-five years. The sentences were to run concurrently. Consequently, the accused […]

Read More

The Abandoned Jurisdiction of The Supreme Court

May 1, 2020

1.Introduction Perhaps, it may surprise you to know that a conviction by a lower court, not appealed against by the convicted person or his lawyer can find its way to the Supreme Court to be determined on appeal for the first time. Maybe, it might further surprise you to know that the President can ‘cede’ his […]

Read More

The complexity of Succession in Some Ghanaian Communities & Historical Accounts

April 24, 2020

Introduction Succession is an integral part of customary law and since customary law is part of the laws of Ghana[i] and for that matter the Ghana Legal System; a clearer understanding of the subject of succession will no doubt be of great importance to the practitioners and students of the legal profession. Over the years, there […]

Read More

The Chancellor & Equity – Epitome of Christ & the Grace

April 17, 2020

There is no profession that I know which perfectly illustrates Christ’s redemptive work better than the Legal Profession. In this article, we will look at the striking similarities and parallels that exist between Christ’s ministry and the legal profession. Maybe, you did not know that Christ was a ‘lawyer’ when he was on earth? He […]

Read More

Fair Trial in Civil Cases: A Right or A Privilege?

April 10, 2020

Introduction The concept of ‘fair trial’ was traditionally associated with criminal proceedings. This article seeks to examine the origin of the concept and how it has been recognized as a fundamental human right in a number of regional and international instruments. The telescope will be thrown at various jurisdictions to see how they have extended […]

Read More

The Uniqueness Of Jurat Required For Illiterate Testators

April 3, 2020

I just couldn’t ‘think far’, as “Lil win”, the Kumawood movie actor might have put it. Which world are we in? Is that society’s sense of true justice? What crime did I commit to deserve such an unfair judgment? Do I curse my parents for the deficiency in my education or blame the custodians of […]

Read More

Constitutional interpretation – An uneasy task: Article 88 in perspective

March 20, 2020

Introduction: One provision in the Constitution 1992 that has set judicial brains wrangling in the area of constitutional interpretation is article 88, particularly clauses 1 & 5. Like King Rex[i] in his zeal to transform the law, the Supreme Court continues ‘to make itself clearer in both directions’. In this article, the writer will endeavour to […]

Read More