Category: Civil Procedure

Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions

Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions

Justice Alexander Osei Tutu- May 24, 2024

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

Locus Standi of a Stranger to a Judgment: Analysis on the Decisions in Jacques v Harrison , Gbagbo v Owusu & Lamptey v Hammond

Derick Adu-Gyamfi- May 21, 2024

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?

Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?

Justice Alexander Osei Tutu- November 10, 2023

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

Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims

Derick Adu-Gyamfi- September 15, 2023

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

Arguing New Grounds of Appeal – To Seek Leave Or Not

Bobby Banson- September 11, 2023

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?

‘Bulley’ Them No More, Are Letters of Administration Indispensable?

Ghana Law Hub- June 2, 2023

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

Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court

Justice Alexander Osei Tutu- May 26, 2023

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

Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters

Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters

Justice Alexander Osei Tutu- March 24, 2023

Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party), the ... Read More

Res judicata: The Undefined Borders

Res judicata: The Undefined Borders

Justice Alexander Osei Tutu- February 24, 2023

Introduction The Common Law doctrine of res judicata holds that where a court of competent jurisdiction has determined a case to finality, the parties and ... Read More

Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?

Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?

Ghana Law Hub- February 2, 2023

Authors:  Antoinette Kyeremanteng & Theophilus Boateng Osei Abstract This paper seeks to analyze, evaluate and examine the contention whether or not recovery of possession after ... Read More