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Book Review: Contemporary and Evolving Issues in Civil Procedure and Litigation
Justice Alexander Osei Tutu’s second publication in recent times, “Contemporary and Evolving Issues in Civil Procedure and Litigation,” is a useful reminder of how the ... Read More
Arbitrability of Claims of Forgery of Arbitration Agreement – Has Ghana Law Departed From the Prima Paint Rule?
1.Introduction There is no doubt that in most recent times, the approach of the court in Ghana is to as much as possible, promote alternate ... Read More
Permissible Positive Discrimination in a Just Society: A Social Pact of Equals
Abstract In a democratic society, members are conceived as equals. The status of equality arises from the assumption that those who create a just society ... Read More
The LEADing Justice Initiative of the Chief Justice – An Innovative Vision Worthy of Support
“It should be emphasized that the judiciary as composed at present, in terms of article 125(1) of the 1992 Constitution, shall “be independent and subject ... Read More
Capacity: A Fundamental Concept Suffering From Conflicting Notions
Introduction In 2008, His Lordship Anin Yeboah J.A. (as he then was) in the case of The Republic v. The Arbitration Committee of Mampong Gyase ... Read More
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
Introduction The power to alienate and capacity to litigate are cornerstones of the law of Immovable Property and legal proceedings (Civil Procedure). The power to ... Read More
Locus Standi of a Stranger to a Judgment: Analysis on the Decisions in Jacques v Harrison , Gbagbo v Owusu & Lamptey v Hammond
Introduction A brief discussion on the origin of the term ‘locus standi’ or simply standing will be very useful to readers for the purpose of ... Read More
Announcement: Appointment of Editors
The Ghana Law Hub is pleased to announce the appointment of Helen Amponsah Asare, and Kalvin A. McQuaye, to its editorial team. Helen is a ... Read More
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