Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey[1] (described in this paper as ‘the case under review’), underscored that the Rules of Court Committee is incapable of conferring criminal jurisdiction on the High Court in intermeddling cases. In their...
Category: Your Friday Legal Corner
Blue Law: An Insight
INTRODUCTION Perhaps, you were wondering why during the trial of the former Minneapolis police officer Derek Chauvin[1], the court[2] sat on Good Friday and Easter Monday being days ordinarily expected to be holidays. Further still, did you observe that none of the court’s hearings took place on a Saturday or a Sunday? Are you at...
When Long Possession Can Ripen Into Ownership
Introduction Not too long ago, there was an information on social media, particularly on Whatsapp platforms to the effect that, if you put a caretaker on your land, he takes ownership of the land after being in possession for ten (10) years. The panic it caused to many Ghanaians was so telling and manifest. Since...
Making a Case for the Enforcement of Prenuptial Agreements in Ghana
Introduction In 2014, Citifmonline.com[i] reported a news item in which a family lawyer and former lecturer of the Ghana Law School, Dr. Kofi Adinkrah who incidentally happened to be my Family Law lecturer[ii], in a post captioned ‘Prenups don’t generate controversy’, urged “Ghanaian couples to enter into prenuptial agreements to tackle unforeseen challenges associated with...
A Message of Hope for the Year 2021
Introduction Year 2021 gives some glimpses of hope universally coming straight from 2020, a year that the world was wracked with the deadly Covid-19 Pandemic. God always uses His word to speak to us. Sometimes too, He uses human authorities and establishments around us to accomplish his purpose (Isaiah 45:1, Romans 13: 1-2). In Exodus...
Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked
Towards the last quarter of the 19th Century, a very important ‘marriage’ was celebrated in England that brought together two hitherto hostile, but independent personalities. This newly wedded couple was the common law and equity. So important was their holy solemnization that it took a statute (i.e. the Judicature Act of 1873-1875) to tie them down...
21st Century Restatement Of The Principle In Kponuglo V. Kodadja
Introduction On 24th November 1933, the Privy Council delivered a decision that has had far reaching consequences on not only our jurisprudence but British West Africa in general. The case was Abotche Kponuglo and Others v. Adja Kodadja[i](known in our law reports simply as: Kponuglo v. Kodadja and in this article as ‘the Kodadja case’). The ratio of...
Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?
The Facts of the Case In the case of Hayford Ofosu Amaning v. The Republic[i], the High Court had tried summarily an accused person who was charged with robbery and attempted murder. The accused was convicted on both counts and sentenced to a term of twenty-five years. The sentences were to run concurrently. Consequently, the accused...
The Abandoned Jurisdiction of The Supreme Court
1.Introduction Perhaps, it may surprise you to know that a conviction by a lower court, not appealed against by the convicted person or his lawyer can find its way to the Supreme Court to be determined on appeal for the first time. Maybe, it might further surprise you to know that the President can ‘cede’ his...
The complexity of Succession in Some Ghanaian Communities & Historical Accounts
Introduction Succession is an integral part of customary law and since customary law is part of the laws of Ghana[i] and for that matter the Ghana Legal System; a clearer understanding of the subject of succession will no doubt be of great importance to the practitioners and students of the legal profession. Over the years, there...