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The Role of Customary Successor in the Application for Letters of Administration: A Sine Qua Non or A Legal Superfluity?
“In The lifetime of their relative, they cannot vent their spleen on his wife. The opportunity comes when he dies. The poor widow and her ... Read More
Passing Law Without Touching the State’s Pocket: An Interpretive Answer To Article 108(a)ii & iii
Abstract The powers of government to legislate, adjudicate, or implement laws are shared among the arms of government—Parliament, the Judiciary, and the Executive. These powers ... Read More
The Legal Effect of Warranties In Insurance Contracts – The Case of Expom Ghana Limited v Vanguard Assurance Company Limited & Anor [2022] 178 G.M.J 117 SC
The Supreme Court has in a recent decision touched on the application of the doctrine of warranties in insurance contracts. The doctrine of warranties is ... Read More
The Jurisprudence of Separability of Arbitration Clauses & Allegation of Fraud to Prevent a Reference to Arbitration
Author: James Gawuga Nkrumah Introduction Increasingly, arbitration is becoming the norm for dispute resolution and not really an alternative to litigation. Parties to commercial agreements ... Read More
When What Matters Not, Matter! – A Review of the Law on Privacy and Admissibility of Evidence Secretly and Unlawfully Obtained, In Civil Proceedings, Vis-à-Vis Article 18(2) of the 1992 Constitution of Ghana
“It matters not how you get it, if you steal it even, it would be admissible in evidence” Crompton J in R v Leatham (1861) ... Read More
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original ... Read More
Liquidation: Whether Or Not The Liquidation Of A Licensed Insurance Company In Ghana Can Be Commenced By An Originating Motion On Notice
Author:Vanessa Awurabena Davis Esq, AB Lexmall & Associates Introduction The High Court, Accra, has ruled on the legality of commencing the liquidation of a licensed ... Read More
America’s Gun Pandemic: How “Originalists” Failed The Republic
Last Monday, August 28, 2023, there was yet another incident of gun violence in the US. This time, a faculty member at the University of ... Read More
Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims
Introduction Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary ... Read More
What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution
Author: Ernest Kyere Introduction The skinny, malnourished-looking Kofi Boakye walked into the courtroom. His face grimaced as he felt all the stares on him. With ... Read More
Arguing New Grounds of Appeal – To Seek Leave Or Not
INTRODUCTION When a Party is dissatisfied with a decision of a court, be it a ruling or judgement, that Party may appeal against that decision ... Read More
A Practical Guide to Real Estate Investment Trusts (REITs)
The popularity of Real Estate Investment Trusts (REITs) is on the rise globally and Ghana is no exception. This is driven by investors’ need for ... Read More
‘Bulley’ Them No More, Are Letters of Administration Indispensable?
Authors: Joseph Bondzie Afrifa & Vanessa S. Zormelo Abstract In this Article, the authors seek to discuss the position of the law concerning the issue ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey (described ... Read More
‘Article 71’ Office Holders and Retiring Emoluments, When Ex Gratia Meets Nemo Dat Quod Non Habet, Russia-Ukraine War, and During Debt Exchange – Reflections of a Citizen, Not a Spectator!
When the President, His Excellency Nana Addo Dankwa Akufo-Addo, was sworn into office on 7th January 2017 as President of the Republic of Ghana for ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters
Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party), the ... Read More
Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?
Photo by Tierra Mallorca on Unsplash Introduction Last month, the Supreme Court in the landmark case of the Republic v. High Court (Commercial Division), Accra; ... Read More
Business Email Compromise and You
Photo by Markus Spiske on Unsplash By: Barbara Ewoenam Afua Kukah Introduction The COVID-19 pandemic aside, one of the most shocking events of the year 2020 ... Read More
Of Testamentary Freedom Under Ghana Law and The Limitations Thereof – The Case of Man Born Free but Everywhere in Chains?
Photo by Melinda Gimpel on Unsplash It is the Political Philosopher J.J. Rousseau who said “Man is born free but everywhere is in chains.” It ... Read More
The Attorney-General’s Unsolicited Advice To The Auditor-General: Why The Attorney-General Gets It Wrong
The Attorney-General (the “AG”), Godfred Dame, has taken issue with the publication of a special audit report on the government of Ghana’s COVID-19 expenditures covering ... Read More