Introduction: In legal practice, the expression ‘trial de novo’ connotes trying a case afresh as ‘de novo’, a Latin expression, means over again or anew[1]. In the course of proceedings before a court of law, some situations[2] may warrant that cases that may have already begun before one court[3] be put before another court for...
Discussions on the types of marriages celebrated in Ghana have in recent times given the impression that persons married under the ordinance have more advantages than their counterparts married under customary law. Although this assertion may be true in some very limited instances1, spousal rights under the 1992 Constitution2 and some enactments like the Matrimonial Causes Act, 1971 (Act 367), Wills Act, 1971 (Act 360)3, Criminal Offences Act, 1960 (Act 29)4 and the Intestate Succession Act, 1985 (PNDCL 111) do not discriminate against spouses under either type of marriage. It is my opinion that when it comes to the dissolution of marriages (divorce),...
Mental health issues have dominated global health conversations over the years, mainly due to the increasing rates of suicide, depression and substance abuse, especially among the youth. Mental health encompasses the emotional and psychological wellbeing of a person. In Ghanaian criminal legislation, there are offences that border on the affected mental health of accused persons at...
In the Supreme Court case of Jones Bonuah @ Eric Annor Blay v The Republic, the appellant appealed against (a) his conviction for robbery and (b) the decision of the Court of Appeal dismissing his appeal before them on grounds, among others that, the record of appeal from the trial High Court produced by the...
The supreme court has stressed that nothing prevents a court from electing to hear and decide on its merit a motion that has not been moved. In The Republic v Court of Appeal, Ex Parte: Eastern Alloys Company Limited[1], the applicant invoked the supervisory jurisdiction of the Supreme Court seeking both certiorari and mandamus to issue against...
The Ghana Education Service (GES) in 2017 officially banned all forms of corporal punishment of children in schools in Ghana as part of efforts aimed at promoting a safe and protective learning environment for children.[1]The GES directed in January 2019 that a Positive Discipline Toolkit which gives alternatives to corporal punishments be adopted by all...
It has been said that only a fool never changes his mind. However, in our criminal jurisprudence, setting certain actions in motion without completing them may constitute an offence regardless of the change of mind. These offences are referred to as inchoate offences. This means that a full-blown offence does not need to have been...
Consider a scenario where you discover a gold nugget while digging your land for planting. Section 111 of the Minerals and Mining Act, 2006 (Act 703) defines “mineral” as a substance in solid or liquid form that occurs naturally in or on the earth, or on or under the seabed, formed by or subject to geological...
The law sometimes works in mysterious ways. And its principles are sometimes clearly out of date and out of touch with current realities. One of such principles is the presumption of advancement. The presumption of advancement means that the law presumes that the transfer of property to a recipient or the purchase of property in...
In recent times, attention has been drawn to the challenges facing prison facilities in Ghana, especially to the issue of congestion. This has triggered a myriad of reactions and calls for noncustodial sentences for minor offences and misdemeanours in order to decongest the prisons. A noncustodial sentence is a punishment given by a court of...