Abstract: This article argues that Ghana’s Marriage Act, Cap 127, is archaic, discriminatory, jurisdictionally confused and a Trojan Horse for foreign values. Drawing on relevant sections of Cap 127 and Act 367, the 1992 Constitution, with case law including Coleman v. Shang and the presumption of advancement cases, it calls for repeal and re-enactment into...
Introduction Administrators of the estate of deceased persons sometimes hold on to property of the estate for so long that they not only begin to think of themselves as owners of the property but actually act like owners – exercising powers that they do not have. Never mind the clear and instructive provision of Section...
Introduction The popular Human Rights Lawyer, Martin Kpebu Esq, has called for the state to regulate religion, drawing an analogy with Rwanda’s requirement that pastors obtain a prior certification in theology to be able to operate as pastors. This background informs the brief analysis in this paper. It aims to analyze why the regulation of...
Authors: Justice Alexander Osei Tutu & Victor Anku-Tsede Esq. Abstract In the recent unreported case of Gyedu Frimpong & 4 Ors. v. Joana Gyan Cudjoe & 2 Ors.[1], His Lordship Kulendi JSC, sitting as a single judge of the Supreme Court, held that a statement of case not filed contemporaneously with an affidavit supporting an...
Introduction Ghana’s land registration landscape is a complex tapestry woven from colonial legacy, post-independence reforms and customary practices. The Land Act, 2020 (Act 1036) currently introduces multiple regimes for land registration comprising deeds registration, title registration and customary law registration. Essentially, each regime has its own sets of rules, procedures, and implications for landowners and...
Section 118 involves a radical reform of the law of hearsay evidence, which has previously been one of the most complex and confused areas of the law of evidence,,,,”[1] “[2]From the analysis that has been done above, it is clear to me that the rules on hearsay evidence are still a troublesome area of the...
Authored by Joyann Obeng, with contributions from Lais Pinheiro. 1.0 Introduction A few months ago, Nigerian media personality Ifedayo Agoro sparked debate online when she stated that, despite having no fertility challenges, she would still choose surrogacy as her preferred means of reproduction. While some netizens agreed with her perspective, many others criticised her. Interestingly,...
“All these — his behaviour right from the time of the Party Congress at Kumasi up to the time of the incident and thereafter, his design to quash rumours when added up to the evidence of Adotei Addo and Malam Tula that in fact he was in league with Obetsebi Lamptey and had been one...
Introduction On 24 September 2025, the Ghana Law Society, together with the Chief Whip of the Majority Caucus in Parliament, Nelson Dafeamekpor, filed a lawsuit before the Supreme Court of Ghana. The plaintiffs seek an interpretation of the 1992 Constitution to the effect that references to the Ghana Bar Association (GBA) should not be understood...
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...