Introduction “Like beauty, ‘exceptional circumstances’ lies in eye of the beholder.” (Nikac & Ors v Minister for Immigration and Ethnic Affairs [1988] FCA 400) Applications for a stay of execution and proceedings require an applicant to demonstrate “special” or “exceptional” circumstances. Lawyers will acknowledge that these “special” or “exceptional” circumstances have proven to be the...
Introduction If an act is a nullity, in the eyes of the law, it is treated as if it never existed. At common law, the act is automatically void with or without an order of a court setting it aside.[1] In the locus classicus of Mosi v. Bagyina,[2] Akufo Addo JSC (as he then was),...
Introduction All too soon, the legal vacation has ended paving way for another busy legal year, in tandem with the tradition of our vocation. More often than not, the commencement of every legal year is characterized by the transfer of judges and judicial staff to new courts. The 2024 legal year, presumably, will not defy...
Introduction In 2008, His Lordship Anin Yeboah J.A. (as he then was) in the case of The Republic v. The Arbitration Committee of Mampong Gyase Council, Ex parte Opanin Kofi Twumasi,[1] expressed his admiration for the state of the law on capacity and warned against introducing new vistas into the concept thus: [T]he issue of...
Introduction The power to alienate and capacity to litigate are cornerstones of the law of Immovable Property and legal proceedings (Civil Procedure). The power to alienate literally enables a person or an entity to transfer or dispose of property, while capacity to litigate, on the other hand, determines who can sue and be sued in...
Introduction A brief discussion on the origin of the term ‘locus standi’ or simply standing will be very useful to readers for the purpose of better clarity of the article. Origin of the doctrine In England, during the 19th century, courts were reluctant to allow anyone gain entry into its sanctuary unless he is a...
Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original name or concept. Who would have thought that Kofi Ofori Dua will one day become Koforidua, for Nungua to be anglicized for Ningo-wa, Techiman for Takyi Oman, Cape Coast for...
Introduction Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary pleadings, hearing evidence of witnesses and addresses by counsel thereafter before the court’s judgment are not followed. The materials on which such is based are the writ of summons, statement...
INTRODUCTION When a Party is dissatisfied with a decision of a court, be it a ruling or judgement, that Party may appeal against that decision to a court with competent appellate jurisdiction. The Party who lodges the appeal is called the Appellant, and the Party who responds is the Respondent. Per the rules of court,...
Authors: Joseph Bondzie Afrifa & Vanessa S. Zormelo Abstract In this Article, the authors seek to discuss the position of the law concerning the issue of whether or not a person needs to obtain Letters of Administration before he can have the capacity to sue or be sued in respect of the estate of a...