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...
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...
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,...
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...
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...
The High Court presided over by Justice Bright Mensah held, in “In the matter of Kaneshie Drivers Association and in the matter of an application by James Danful Paul Egyam, John Donkor and Samuel Cofie pursuant to s.217, s. 218 and s. 162 of the Companies Act”[1] that a law firm is not competent to sign...
The Supreme Court in the case of Raphael Cubagee v Michael Yeboah Asare & 2 Ors[1] has declared the secret recording of a telephone conversation as a breach of the privacy provisions of the constitution. The Court went on to say that the secret recording was not admissible as evidence in court. “To record someone...
The Supreme Court in the case of John Affuah & Another v General Developments Company Limited[1] has held that an unsigned document may give rise to legal consequences. The Court stated that the common law has always recognized the principle that the signature of parties to an agreement was not a prerequisite to the presence...
Take a newspaper. Flip through the pages randomly. You may well see an employer-sponsored notice in there together with a photograph informing the public that the subject of the notice is no longer an employee. The notice will often go on to tell the world the ex-employee no longer represents the company and as a...
Remember the last time you signed a document? You must have felt so good. Or probably invincible. Your signature must have felt like a magic key in your hands. And indeed, in most cases it is. A signature is worth a lot. For starters, it helps in determining the authenticity of a document and the...