Introduction Ever so often, commercial persons have concerned themselves with what they consider the operative parts of contracts they enter into. Typically, boilerplate clauses which are a feature of every well drafted contract have been the preserve of lawyers while matters close to the hearts of contracting parties, like a party’s obligation under a contract...
The lawyering journey starts on the day one is called to the Bar. The day of the Call is therefore an important day in the life of almost every lawyer. The date 2nd October 2015 was the day a certain, otherwise shy, author was called to the Bar after a long journey which commenced in...
1.Introduction It is trite that companies are separate from their shareholders, directors and key management personnel (“controllers”).[1] A company’s property does not belong to its shareholders or directors – even if the company has a single shareholder who is also the sole director.[2] Even though these principles are basic and have been consistently applied by the...
By: Isaac Kwadwo Ankah (Associate, A-Partners@Law) “…The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law” – Anin Yeboah JSC in Amosa (No.1) v Korboe (No.1)[1] In Harley v Ejura Farms (Ghana) Ltd[2] Taylor...
By: John Kwesi Hagan Jnr On Wednesday, March 11, 2020, the Director-General of the World Health Organisation declared the Coronavirus disease (COVID-19) a pandemic[1]. The Minister responsible for Health pursuant to Section 169 of the Public Health Act, 2012[2] declared COVID-19 a public health emergency[3] in Ghana. On Friday, March 13, 2020, the first two cases of...
On Wednesday, 3rd June 2020, Kojo Bentsi-Enchill Esq., Founder and Retired Senior Partner of Bentsi- Enchill, Letsa & Ankomah, delivered via Zoom, the fifth edition of the GIMPA Law and Ethics Web series on the theme: Leveraging COVID-19 to deliver Technology-Based Learning into the Future. This session was moderated by Ms. Joan Selorm Tsorhe, a Lecturer at...
Under the Lands Registry In addition to registration under the Companies Act and Borrowers and Lenders Act, any security created over landed or immovable property in Ghana shall be registered with the Lands Commission. Thus, if documents which have been stamped are in relation to immovable properties, then they must as of necessity be registered...
On Wednesday, 27th May 2020, Dr. Alex Ansong, Senior Lecturer and Head of Public Law Department at the GIMPA Faculty of Law, delivered via Zoom, the fourth edition of the GIMPA Law and Ethics Web series on the theme: International Trade and Investment Relations after the Pandemic: Africa Rising? This session was moderated by Professor Richard Frimpong...
Introduction The venerable Lord Denning in his seminal book, the Closing Chapter, Butterworth’s, 1983 at page 93 on the legislative approach or purposive approach in the construction of statutes as: “…..The judges ought not to go by the letter of the statute. They ought to by the spirit of it. As to what is meant by...
Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a plaintiff of his or her locus. For many years, the law as established in the case of Akrong & Another vrs. Bulley (infra) had been that a plaintiff who issued a...