Case Summaries

Court Declares Regulation Requiring Women Employees to Defer Pregnancies as Discriminatory

November 5, 2018

The High Court, Accra, Human Rights Division presided over by His Lordship Anthony K. Yeboah J.A, in The Commissioner, CHRAJ & 2 Ors Vrs Ghana National Fire Service & Attorney-General[1], declared that Regulation 33(6) of the Conditions of Services of the Ghana National Fire Service (GNFS)[2]which required employees of the GNFS who were women to […]

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Can a Writ Breed Contempt?

September 10, 2018

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that a party to a suit may well be in contempt of court in the absence of formal court order. The Court stressed that a person was in contempt of court if that person engaged […]

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Injunctions Over Disciplinary Proceedings – How Far and How Wide?

August 27, 2018

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that an injunction order prohibiting an employer from holding disciplinary hearings against an employee in a specific matter does not bar the employer from initiating separate disciplinary proceedings against the same employee in respect of […]

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Disciplinary Proceedings in Public Institutions Subject to Judicial Review

August 16, 2018

The Supreme Court in the case of Francis Owusu Mensah & Anor v National Board for Professional and Technical Examinations & 2 Ors[1]has emphasized the need for administrative bodies to act fairly and reasonably in disciplining public officers and also ensure that public officers are dismissed only with just cause. Failing this, the decision of […]

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Airline Passenger’s Responsibility to Be On Time

July 26, 2018

An Isreali magistrate court has dismissed an action brought by a passenger who missed his flight. The court pointed out that it was the responsibility of a passenger to arrive on time at the boarding gate. The Plaintiff, in this case, purchased a ticket for a flight from Tel Aviv to Istanbul and then from Istanbul […]

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English Court Rejects Tullow’s Force Majeure Defence to Contract Termination

July 9, 2018

The Business and Property Courts of England and Wales in the case of Seadrill Ghana Limited v Tullow Ghana Limited[1]has rejected a force majeure defence advanced by Tullow in response to an unlawful termination of contract claim by Seadrill.  The relevant facts are as follows. Tullow hired from Seadrill a semi-submersible rig (by name West […]

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Why a Properly Drafted Third Party Guarantee Agreement Matters

July 4, 2018

The Supreme Court in Clipper Leasing Corporation vs Attorney General & Ghana Airways in Liquidation[1]has highlighted the need for properly drafted third party guarantee agreements as a means of reducing the risks and losses involved in business.  In this case, the Court had its eye on the risk of insolvency. The Appellant, in this case, […]

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Foreign Ownership of Freehold Interest in Ghana

June 28, 2018

The Supreme Court in the case of Martin J Verdose v Patricia Abena Verdose-Kuranchie[1] has affirmed the constitutional limitation on the ownership of freehold interests in land by foreigners. In this case, the Petitioner, a Dutch, married the Respondent, a Ghanaian, in Holland. They moved to Ghana and went on to adopt two children. They […]

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Submit List of All Those Arrested Without Warrant: High Court Orders Police

May 14, 2018

The Human Rights Division of the High Court, Accra presided over by her Ladyship Gifty Agyei Addo J. in The Republic v Inspector General of Police & the Attorney-General ex parte Centre for Constitutional Order[1] has granted an application for an order of mandamus compelling the Inspector General of Police (IGP) to perform the statutory […]

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Can a Law Firm Sign a Legal Process? – Extra Perspective

May 10, 2018

On 7 may 2017, the Ghana Law Hub published an article under the heading, “Can a law firm sign a legal process?”In that article, Y. Edinam Cofie discussed a High Court decision in which Justice Bright Mensah came to the conclusion that a “person” as referred to in the Legal Professions Act (Act 32) referred […]

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