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 alienate literally enables a person or an entity to transfer or dispose of property, while capacity to litigate, on the other hand, determines who can sue and be sued in...
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. In the Book of Genesis, Jacob said these about his eldest son: “Reuben, thou art my firstborn, my might, and the beginning of my strength … unstable as water, thou...
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 name or concept. Who would have thought that Kofi Ofori Dua will one day become Koforidua, for Nungua to be anglicized for Ningo-wa, Techiman for Takyi Oman, Cape Coast for...
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey[1] (described in this paper as ‘the case under review’), underscored that the Rules of Court Committee is incapable of conferring criminal jurisdiction on the High Court in intermeddling cases. In their...
Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1], the Supreme Court held inter alia, that the Rules of Court Committee did not have the mandate to create a criminal offence under Order 66 rule 3 of the High Court...
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; Ex P arte: Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1] held that since Intermeddling is an offence; it is only the Attorney General or a person acting under its...
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 their privies are precluded from relitigating the same issue or claim[1]. The common notion among the courts in Ghana is that the res judicata doctrine is ‘well-settled’[2]. Nevertheless, some judges...
Meaning of the term – Allodial The word ‘Allodial’ means absolute interest or original heritage’.[1] In Ghana, it is described as “the highest or ultimate interest in land”.[2] Historically, allodial pertained to land owned by a person without any feudal obligations or held without acknowledgement of any superior.[3] Allodial title can therefore be said to...
Introduction The problems that confronted land acquisition and administration in Ghana were daunting. It was therefore a big relief when a new land law was passed in 2020 to attend to the issues. The Land Act, 2020 (Act 1036) which came into force on 23 December 2020 is undoubtedly replete with innovative ideas. The Act...
INTRODUCTION Perhaps, you were wondering why during the trial of the former Minneapolis police officer Derek Chauvin[1], the court[2] sat on Good Friday and Easter Monday being days ordinarily expected to be holidays. Further still, did you observe that none of the court’s hearings took place on a Saturday or a Sunday? Are you at...