Author: Justice Alexander Osei Tutu (Justice Alexander Osei Tutu)

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Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
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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 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...

Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
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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[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...

Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters
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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)[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...

Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?
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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; 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...

Res judicata: The Undefined Borders
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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 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...

The Decline of Allodial Title in Ghana
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The Decline of Allodial Title in Ghana

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...

Blue Law: An Insight
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Blue Law: An Insight

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...

Making a Case for the Enforcement of Prenuptial Agreements in Ghana
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Making a Case for the Enforcement of Prenuptial Agreements in Ghana

Introduction In 2014, Citifmonline.com[i] reported a news item in which a family lawyer and former lecturer of the Ghana Law School, Dr. Kofi Adinkrah who incidentally happened to be my Family Law lecturer[ii], in a post captioned ‘Prenups don’t generate controversy’, urged “Ghanaian couples to enter into prenuptial agreements to tackle unforeseen challenges associated with...