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 Council, Ex parte Opanin Kofi Twumasi,[1] expressed his admiration for the state of the law on capacity and warned against introducing new vistas into the concept thus: [T]he issue of...
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 can sue and be sued.[1] During the colonial days, white judges who applied the customary law, propounded that despite the rule, an ordinary member of the family may be authorized...
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...