Image: Photo by Olga Thelavart on Unsplash “Service is therefore a fundamental requirement that places a duty on the party whose process is required to be to ensure that the adversary has been duly served. This often entails calling in the registry advisedly to ascertain proof of service of the process. Before embarking upon the...
Category: Latest Articles
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
Introduction On the Republic Day last year, 2024, the topic, ‘The Clash of Two Legal Cultures” was deliberately chosen to emphasize how the common law sought to systematically “extinguish” customary law, but our indigenous law prevailed. As we celebrate another Republic Day on Tuesday, we have no option but to pause and reflect on our...
Fleshing Out Special or Exceptional Circumstances in Applications for Stay of Execution and Proceedings
Introduction “Like beauty, ‘exceptional circumstances’ lies in eye of the beholder.” (Nikac & Ors v Minister for Immigration and Ethnic Affairs [1988] FCA 400) Applications for a stay of execution and proceedings require an applicant to demonstrate “special” or “exceptional” circumstances. Lawyers will acknowledge that these “special” or “exceptional” circumstances have proven to be the...
The Nexus Between Law and Patient Safety in Ghana
This speech is part of a delivery by Justice Dr. Richmond Osei-Hwere Justice of the High Court at the Medico-Legal Symposium (MLS) 2025 Organised by Patient Rights Watch Ghana INTRODUCTION It is a great honour and privilege for me to address you this afternoon at this august gathering – a symposium organized by Patient Rights...
Court Judgments on the Ropes: Unintended Consequences of the Land Act
Introduction The Land Act, 2020 (Act 1036) of Ghana was enacted on the 23rd day of December 2020 to streamline land tenure system, enhance land administration and promote efficient land management. At its inception, the Act was gladly received by most Ghanaians. Not many would question if it was classified as one of the well-thought-out and...
What is the Thin Line Between Small-Scale Mining and Illegal Mining in Ghana?
Author: Kwasi Gyamfi Boadu Esq SMALL-SCALE MINING History behind Mining The primary motivation behind the colonial administration’s compulsory land acquisition was to facilitate British commerce, enterprise, and the investment of British capital in the colonies. However, this effort faced resistance from various parts of the indigenous population. The Aborigines Rights Protection Society (ARPS) in the...
Event Alert [26th April 2025]: Create for Pay: World Intellectual Property Day 2025
Africa’s entertainment and creative scene is booming. Its sounds and rhythms are a force to reckon with. Easy access to social media apps and streaming services partly accounts for the boom. Deloitte’s 2024 Global Digital Media Trends notes that “Africa’s streaming market is evolving at a remarkable pace, reshaping how people consume entertainment.” The report...
Proprietary Estoppel and Adverse Possession: A Struggle Between Fairness and Legalised Theft
Abstract The doctrine of proprietary estoppel is based on reliance by the claimant on representations or encouragement from the legal owner of the land. It serves as a shield for the claimant because of these representations or assurances. In such cases, the legal owner may lose their interest in the land if it is well...
The Moral Nuances of Adverse Possession in Ghana
“If property is indeed a relationship of socially approved control over a valued resource, it has become quite clear that in the Britain of the 21st century, adverse possession of land is a form of control which is no longer socially approved.”[1] Introduction The crux of property law of almost every legal system is adverse possession,...
Adverse Possession: A Modern Outlook
Introduction Land ownership and possessory rights have always been contentious issues for land law practitioners, and the concept of adverse possession adds a new layer of complexity to these old-age issues. In the words of one researcher, “It would appear that in the arena of problematic doctrines of law, adverse possession carries the trophy in...