Category: Civil Procedure
Nullity Nullified: The Poisoned Tree Can Now Bear Healthy Fruits
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 ... Read More
To Adopt or Not to Adopt in Civil Cases: The New Judge’s Dilemma
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 ... Read More
Capacity: A Fundamental Concept Suffering From Conflicting Notions
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 ... Read More
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
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 ... Read More
Locus Standi of a Stranger to a Judgment: Analysis on the Decisions in Jacques v Harrison , Gbagbo v Owusu & Lamptey v Hammond
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 ... Read More
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
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 ... Read More
Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims
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 ... Read More
Arguing New Grounds of Appeal – To Seek Leave Or Not
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 ... Read More
‘Bulley’ Them No More, Are Letters of Administration Indispensable?
Authors: Joseph Bondzie Afrifa & Vanessa S. Zormelo Abstract In this Article, the authors seek to discuss the position of the law concerning the issue ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey (described ... Read More