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.
Capacity: A Fundamental Concept Suffering From Conflicting Notions
Introduction In 2008, His Lordship Anin Yeboah J.A. (as he then was) in the case of The Republic v. The Arbitration Committee of Mampong Gyase ... Read More
Right to Sue on Behalf of The Family: Settled Principles & Unsettling Surprises
Introduction The principle was laid down long ago under customary law that in matters affecting family property, it is the head of the family who ... Read More
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
Introduction The power to alienate and capacity to litigate are cornerstones of the law of Immovable Property and legal proceedings (Civil Procedure). The power to ... Read More
Capacity: A Janus-faced Concept in Ghanaian Jurisprudence
Introduction “Our word to you does not waver between ‘Yes’ and ‘No’. 2 Corinthians 1:18 NLT. The story of capacity is like the Biblical Reuben. ... Read More
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey (described ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters
Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party), the ... Read More
Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?
Photo by Tierra Mallorca on Unsplash Introduction Last month, the Supreme Court in the landmark case of the Republic v. High Court (Commercial Division), Accra; ... Read More
Res judicata: The Undefined Borders
Introduction The Common Law doctrine of res judicata holds that where a court of competent jurisdiction has determined a case to finality, the parties and ... Read More
The Decline of Allodial Title in Ghana
Meaning of the term – Allodial The word ‘Allodial’ means absolute interest or original heritage’. In Ghana, it is described as “the highest or ultimate ... Read More