Category: Case Summaries

The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to  Rest

The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to  Rest

Professor Stephen Kwaku Asare- October 12, 2020

All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone ... Read More

Customary Grant Will Override a Subsequent Conveyance

Customary Grant Will Override a Subsequent Conveyance

Samuel Nartey- February 14, 2019

The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb  held that writing is not a sine qua non to a customary grant in land ... Read More

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

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

Samuel Nartey- 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 ... Read More

High Court Rejects Claim for Recovery of “Facilitation Fees”

High Court Rejects Claim for Recovery of “Facilitation Fees”

Samuel Nartey- 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 ... Read More

Supreme Court Urges Limited Court Intervention in Arbitral Proceedings

Supreme Court Urges Limited Court Intervention in Arbitral Proceedings

Samuel Alesu-Dordzi- November 19, 2018

The Supreme Court in the case of The Republic v. High Court (Commercial Division, Accra) Ex-Parte: GHACEM Limited (AJ FANJ Construction & Engineering Limited as ... Read More

Court Declares Regulation Requiring Women Employees to Defer Pregnancies as Discriminatory

Court Declares Regulation Requiring Women Employees to Defer Pregnancies as Discriminatory

Y Edinam Cofie- 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 ... Read More

Can a Writ Breed Contempt?

Can a Writ Breed Contempt?

Samuel Alesu-Dordzi- September 10, 2018

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffourhas held that a party to a ... Read More

Injunctions Over Disciplinary Proceedings – How Far and How Wide?

Injunctions Over Disciplinary Proceedings – How Far and How Wide?

Samuel Alesu-Dordzi- August 27, 2018

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffourhas held that an injunction order prohibiting ... Read More

Disciplinary Proceedings in Public Institutions Subject to Judicial Review

Disciplinary Proceedings in Public Institutions Subject to Judicial Review

Samuel Alesu-Dordzi- August 16, 2018

The Supreme Court in the case of Francis Owusu Mensah & Anor v National Board for Professional and Technical Examinations & 2 Orshas emphasized the ... Read More

Airline Passenger’s Responsibility to Be On Time

Airline Passenger’s Responsibility to Be On Time

Samuel Alesu-Dordzi- 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 ... Read More