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

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A Message of Hope for the Year 2021
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A Message of Hope for the Year 2021

Introduction Year 2021 gives some glimpses of hope universally coming straight from 2020, a year that the world was wracked with the deadly Covid-19 Pandemic. God always uses His word to speak to us. Sometimes too, He uses human authorities and establishments around us to accomplish his purpose (Isaiah 45:1, Romans 13: 1-2). In Exodus...

A Ban on John Doe in Ghana: A Blessing or A Curse?
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A Ban on John Doe in Ghana: A Blessing or A Curse?

Introduction One person who has probably litigated more than any other person under the sun is ‘John Doe’. He is indubitably known to the laws of many countries, including civil law jurisdictions; albeit with different identities. Nonetheless, it appears that he has been banned from Ghana. Like the closure of our airports and borders for...

Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked
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Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked

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...

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

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...

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

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...

The complexity of Succession in Some Ghanaian Communities & Historical Accounts
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The complexity of Succession in Some Ghanaian Communities & Historical Accounts

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...

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

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...