This speech is part of a delivery by Justice Dr. Richmond Osei-Hwere Justice of the High Court at the Medico-Legal Symposium (MLS) 2025 Organised by Patient Rights Watch Ghana INTRODUCTION It is a great honour and privilege for me to address you this afternoon at this august gathering – a symposium organized by Patient Rights...
Category: CATEGORIES
Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing
“…. For a very long time, the Ghana Bar Association acted as the conscience of the nation. When they speak, everybody shivers.…In times of challenges and difficulty, the GBA has made its voice heard, offering clarity and direction, shaping the national conversation, and getting the right things done. It is not for nothing that the...
Ghana Music and disregard for Copyright: From Kuame Eugene to Team Eternity, where do we draw the line?
Introduction The 2020 documentary titled ‘Afrobeats: The Backstory on Netflix’, credits the origin of Afrobeats to Ghana and Nigeria.[1] The music genre known as highlife is peculiar to Ghana with the likes of Kojo Antwi, Amakye Dede coming to mind. This is because, from the accounts of Arts scholars, researchers and even musicians, Highlife is...
Does The General Legal Council Have Jurisdiction Over the Attorney-General?
Article 88 (1) “There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government. (2) The Attorney-General shall discharge such other duties of a legal nature as may be referred or assigned to him by the President, or imposed on him by this Constitution...
Right to Sue on Behalf of The Family: Settled Principles & Unsettling Surprises
Introduction The principle was laid down long ago under customary law that in matters affecting family property, it is the head of the family who can sue and be sued.[1] During the colonial days, white judges who applied the customary law, propounded that despite the rule, an ordinary member of the family may be authorized...
Capacity: A Janus-faced Concept in Ghanaian Jurisprudence
Introduction “Our word to you does not waver between ‘Yes’ and ‘No’. 2 Corinthians 1:18 NLT. The story of capacity is like the Biblical Reuben. In the Book of Genesis, Jacob said these about his eldest son: “Reuben, thou art my firstborn, my might, and the beginning of my strength … unstable as water, thou...
Unmasking the Scope of Jurisdiction of a Court and Avoiding Judicial Journalism – A Look at Anas A. Anas v Kennedy Agyapong
Photo by Artem Beliaikin on Unsplash 1.Introduction: On the 15th of March 2023, Justice Eric Baah JA, sitting as an additional High Court Judge delivered a judgment in a matter titled Anas Aremeyaw Anas v Kennedy Ohene Agyapong.[1] The Plaintiff in that suit had commenced an action against the Defendant for publishing words which the...
Navigating the Role of the Corporate Counsel: Insights from My Journey
Transitioning from traditional private practice in a law firm to a successful Corporate (In-house) Counsel demands adaptation and the acquisition of new skills. In this brief article, I share my journey and lessons learned so far as a Corporate Counsel, aiming to guide fellow Corporate Counsel and those aspiring to embrace this evolving role. Embrace...
The Doctrine of Continuous Violation: Can It Be Caught by the Doctrine of Estoppel and the Statute of Limitation?
“On principle of public policy nobody should be allowed to take advantage of his own wrong.”[1] Introduction With this doctrine the decision in Bodner v Banque Pariba[2] comes to mind. The court held thus: “’Federal courts have found the statute of limitations must accrue from the date of the last wrongful act where there is...
Legal Effect of Service And Pendency of an Application for Injunction in Ghana – Restating the Position!
Dedication The author dedicates this paper to his sister[1], who obtained and graduated with her PhD from Ghana Institute of Management and Public Administration (GIMPA) on 15th December 2023 which date by divine coincidence was her birthday. Congratulations to her are in order and Happy Birthday to you Vivian E. Sampson PhD. Introduction. In civil...