Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld will lead to an appeal being allowed. The grounds of appeal are the alleged errors of law or fact constituting the defects in the judgment and which are relied on...
1.Introduction A person who holds a property to which he/she does not claim any legal or equitable interest may find himself/herself in a situation where other persons are laying adverse claims/interest to that property. Persons merely in possession of the property (such as tenants) or a Court Registrar/Sheriff (who may have attached the property in...
Frederick Gurah Sampson Esq and Roselyne Kaledzi Esq Introduction. The Bank-Customer relationship usually commences with the account opening processes. This is the stage where the banks onboard their customers. The type of account opened for the customer is indicative of the kind of relationship that may exist between the bank and the customer during the...
1.Introduction Parties go to court because they are unable to settle their disputes amicably. The rules of court have been enacted to provide an avenue for parties to settle their disputes amicably, effectively and efficiently. It is trite that after pleadings are closed the originator of the action, commonly referred to as the Plaintiff, is...
1.Introduction The dichotomy between the Church and the State was epitomized in the words of Jesus Christ in the following text which is found in the book of Mark Chapter 12[1]: “Later they sent some of the Pharisees and Herodians to Jesus to catch him in his words.[2] They came to him and said, “Teacher,...
Introduction Jurisdiction in law is fundamental. It is the power or authority upon which a person or a body acts. Without the requisite jurisdiction, a person, whether natural or juristic, is not clothed with the power to act in a certain manner. It is trite learning that jurisdiction is so fundamental an issue in every...
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: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) What happens when the Garnishee pays out the money to the Judgment Creditor pursuant to the Garnishee Order Absolute of the Court? When the Garnishee pays out the money under the Court Order, the Garnishee is discharged from any obligation he...
Authors: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) Introduction Parties go to court or resort to any other dispute resolution mechanism (arbitration, mediation etc.) with the hope of getting a favourable determination and enforcing same. When the dispute comes to an end, whether after a full-blown trial, summary, or default...
Introduction One person who has probably litigated more than any other person under the sun is ‘John Doe’. He is indubitably known to the laws of many countries, including civil law jurisdictions; albeit with different identities. Nonetheless, it appears that he has been banned from Ghana. Like the closure of our airports and borders for...