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...
Author: Justice Alexander Osei Tutu (Justice Alexander Osei Tutu)
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
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
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...
Is Akrong vrs. Bulley Still Good Law?
Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a plaintiff of his or her locus. For many years, the law as established in the case of Akrong & Another vrs. Bulley (infra) had been that a plaintiff who issued a...
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 Abandoned Jurisdiction of The Supreme Court
1.Introduction Perhaps, it may surprise you to know that a conviction by a lower court, not appealed against by the convicted person or his lawyer can find its way to the Supreme Court to be determined on appeal for the first time. Maybe, it might further surprise you to know that the President can ‘cede’ his...
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...
The Chancellor & Equity – Epitome of Christ & the Grace
There is no profession that I know which perfectly illustrates Christ’s redemptive work better than the Legal Profession. In this article, we will look at the striking similarities and parallels that exist between Christ’s ministry and the legal profession. Maybe, you did not know that Christ was a ‘lawyer’ when he was on earth? He...
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...