Corporate and Commercial

Why a Properly Drafted Third Party Guarantee Agreement Matters

July 4, 2018

The Supreme Court in Clipper Leasing Corporation vs Attorney General & Ghana Airways in Liquidation[1]has highlighted the need for properly drafted third party guarantee agreements as a means of reducing the risks and losses involved in business.  In this case, the Court had its eye on the risk of insolvency. The Appellant, in this case, […]

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Book Review: The Law of Mortgages in Ghana by Godwin Djokoto

March 12, 2018

The law of mortgages has long been considered as an appendage of the law of equity. This is obviously because of the integral role that the English Courts of Equity played in developing, refining and operationalizing the concept in order to ensure fairness and commercial efficacy. However, it seems the association of the law of […]

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Are Banks Allowed to Name and Shame Defaulting Customers?

February 28, 2018

In 1896, the Bank of British West Africa (which later became the Standard Chartered Bank) opened its first branch in Accra. Between 1920-1950, the Bank of British West Africa and Barclays Bank were the only banks operating in the Gold Coast[1]. The banking landscape has since changed and Ghana now has over 35 banks. But […]

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MOUs: Binding or Not?

February 23, 2018

A Memorandum of understanding (“MOU”), is a document entered into to set out the preliminarily understanding of parties who intend to enter into a formal contract at a later date. In some jurisdictions, it is known as “letter of intent”. The Black’s Law Dictionary considers an MOU as a letter of intent, and goes ahead […]

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Is a Sole Distributor Really a Sole Distributor?

October 8, 2017

The High Court’s (Commercial Division) decision in the case of Georgina Achiaa v Don Emilio Company Limited[1] should be of great interest to persons in the retail sector. The Plaintiff in this case, claimed to be the sole accredited representative in Ghana for the importation, sale and distribution of the alcoholic drink “Jagermeister” (hereinafter referred […]

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