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Author: Samuel Nartey

To Cash-Out On Leave Days or Not: A Review of Samuel M. K. Adrah vs. Electricity Company of Ghana

July 13, 2020

Introduction  In Samuel M. K. Adrah vs. Electricity Company of Ghana, Ghana’s Court of Appeal laid down the position of the law regarding commuting accrued leave of an employee to cash. It held that by section 31 of the Labour Act 2003 (Act 657), payment of cash in place of leave is void, unless saved […]

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The Role of Celebrities and Well Known Personalities in the Fight Against COVID-19

April 8, 2020

In absence of a tried and tested drug or vaccine for COVID-19, the Food and Drug Authority (FDA) must urgently enforce its guidelines for ‘advertisement of drugs’ in Ghana and the circulation of information by well-known personalities which has the effect of derailing the work of public health officials in Ghana.  Celebrities in Ghana in […]

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Is a Separated Spouse Entitled to a Share in the Estate of a Deceased Spouse?

February 21, 2019

Article 22(1) of the 1992 Constitution of Ghana requires that reasonable provision should be made for surviving spouses out of the estate[i]of a deceased spouse whether or not the deceased spouse died having made a will. Consequently, the Supreme Court in Akua Marfoa v Margaret Agyeiwaa[ii] held that reasonable provision should be made from the estate of […]

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Customary Grant Will Override a Subsequent Conveyance

February 14, 2019

The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb[i]  held that writing is not a sine qua non to a customary grant in land transactions. Thus, a conveyance [indenture] only adds to a customary grant and its absence does not render a prior grant made under customary law invalid. Consequently, where a party is […]

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What Does the Law Say – “Traffic Police: Things to Remember”

February 4, 2019

A few weeks ago, I saw eleven facts on traffic rules which sought to educate users of the road, particularly drivers. This was virally shared on social media platforms and had no source. In this article I will attempt to correct the position of the law as it applies in Ghana with particular reference to […]

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Supreme Court on the Determination of the Value of a Car Under a Comprehensive Insurance Policy

January 31, 2019

The Supreme Court by majority decision has held that an insured party is entitled to determine the value of his insured car and that the value although not being the actual value of the car will not render void the insurance contract. This is because the value determined by the insured party will not be […]

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High Court Rejects Claim for Recovery of “Facilitation Fees”

January 17, 2019

The High Court, Kumasi presided over by Justice Angelina Mensah-Homiah denied a construction company, Star of the Sea Construction (“Company”) the right to recover a sum of GH¢41,000 from Samuel Mensah Abroampah (“Defendant”)[1] who had promise to secure a contract for the Company. The Plaintiff Company allegedly entered into an agreement with the Defendant, for […]

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Who Should Regulate Menzgold – BOG or SEC?

August 9, 2018

In November 2017, the Bank of Ghana (BOG) via notice[i]cautioned the public against transacting business with Menzgold Ghana Company Limited (Menzgold). The notice further stated that anyone who continues to transact business with the company “does so at his or her own risk, and the Bank of Ghana will not be liable to such clients […]

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Can the government dissolve the GFA?

June 11, 2018

On June 7, 2018, the Government through its Minister of Information issued a press release stating that the “…Government has decided to take immediate steps to have [emphasis] the GFA dissolved”. This statement was issued on the back of Anas Aremeyaw Anas’ documentary, Number 12 which unearthed massive corruption in football administration in Ghana between […]

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Unibank vs UT Bank and Capital Bank: Spot the Difference?

March 22, 2018

The Bank of Ghana (BOG) on March 20, 2018, appointed KPMG as “official administrator” of Unibank Ghana Ltd (“Unibank”). According to the BOG, the appointment of the official administrator is to save Unibank from imminent collapse and prevent losses to depositors and creditors. This is the second time the BOG has intervened in the operations […]

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