Civil Procedure

Look before You Leap

November 12, 2018

What do you do when you follow all the procedural rules of law and it’s an administrative process that brings your case crashing down? Hypothetically speaking, let’s say you are lawyer for the plaintiff in a breach of contract case against three defendants. You listen to the story of your client. You are convinced your […]

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Can a Writ Breed Contempt?

September 10, 2018

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that a party to a suit may well be in contempt of court in the absence of formal court order. The Court stressed that a person was in contempt of court if that person engaged […]

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Can a Law Firm Sign a Legal Process? – Extra Perspective

May 10, 2018

On 7 may 2017, the Ghana Law Hub published an article under the heading, “Can a law firm sign a legal process?”In that article, Y. Edinam Cofie discussed a High Court decision in which Justice Bright Mensah came to the conclusion that a “person” as referred to in the Legal Professions Act (Act 32) referred […]

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Can a Law Firm Sign a Legal Process?

May 7, 2018

The High Court presided over by Justice Bright Mensah held, in “In the matter of Kaneshie Drivers Association and in the matter of an application by James Danful Paul Egyam, John Donkor and Samuel Cofie pursuant to s.217, s. 218 and s. 162 of the Companies Act”[1] that a law firm is not competent to sign […]

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Of Roots and Branches: The Curious Case of Order 81

May 2, 2018

Introduction “If your knowledge of substantive law is brilliant and you have no knowledge of the rules of Court then you cannot be a “proper” lawyer.” These were the words of Justice Anin Yeboah of the Supreme Court of Ghana when I first met him sometime in 2009. In his estimation, and like those of […]

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The Intra-Regional Jurisdiction of the High Court: Does The Court Really Have Discretion?

April 26, 2018

Introduction It is so notorious a fact that there is only High Court in Ghana. It is also trite that the various divisions of the High Court are for administrative and other purposes including convenience in litigation. That notwithstanding, litigants are not entitled to insist on particular courts or judges to determine their cases. It […]

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The Intra-Regional Jurisdiction of the High Court

April 24, 2018

Background I want to set the tone of this paper with this hypothetical situation. The Plaintiff is a limited liability company with its registered address and place of business in Tema in the Greater Accra Region. The Defendant is also a limited liability company with its registered address and place of business in Tema in […]

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The Civil Aspect of Criminal Procedure: Enforcing Restitution Orders in a Criminal Case

March 29, 2018

In a criminal case, a judge may make orders such as the payment of money or the return of property found to have been stolen by the accused person. This is what is referred to as restitution in criminal procedure. Traditionally, a judge in a criminal case could only make restitution orders against an accused […]

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What You Need to Know About “Without Prejudice” Letters

November 14, 2017

Without Prejudice. This is a label found in letters between two lawyers who are attempting to settle a claim and yet do not wish to have any admission or concession they make in the settlement process used against them later on. The idea behind “without prejudice” letters is that it is considered as a matter […]

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High Court grants Application for Substituted Service via Facebook

July 23, 2017

An Accra High Court in the case of IFS Financial Services Limited v Jonathan Mensah & Anor[1] has allowed the social media network, Facebook, to be used to notify a defendant of a civil suit after several failed attempts at serving the court processes on him personally. The High Court judge, Justice Sophia Bernasko-Essah in […]

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