Case Summaries

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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Can a Law Firm Sign a Legal Process?

May 7, 2018

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 […]

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Secret Phone Recording Violation of Right to Privacy

April 16, 2018

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 […]

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Can an unsigned document give rise to legal consequences?

April 12, 2018

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 […]

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Issuing Disclaimers about Ex-Employees – Legit?

April 5, 2018

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 […]

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What’s in a Signature?

October 25, 2017

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 […]

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Ghana’s Supreme Court Pronounces on Political Rights of Civil Servants

September 5, 2017

The Supreme Court of Ghana in the case of Civil and Local Government Staff Association of Ghana v. the Attorney-General & 2 Others[1] has held that a member of the civil service or local government cannot contest for elections, other than local government elections, or hold a political party position. In the unanimous view of […]

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