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Default Judgment and the Doctrine of Estoppel Per Rem Judicata: A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Voice Summary by Author: Introduction Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely ... Read More
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances
Voice Summary by Author: Introduction. The objective of every Plaintiff who commences an action either by issuance of writ, petition or an originating motion ... Read More
Ghana’s Push for Compulsory Arbitration in Respect of Some Causes of Action- A Hit or A Miss?
Introduction The word “arbitration” has gained a lot of traction in recent years. It is now “fashionable” or “chique” to incorporate arbitration clauses in all ... Read More
Summary: Transparency International & Ors V Republic of Ghana (the Agyapa Case)
On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a ... Read More
Rahim Baba Salifa: The Boy Caught Between Ghana-Guinea Tensions
The early days of law school was difficult. It required getting used to the case law method of teaching and learning. And adapting to the ... Read More
Insolvency and Arbitration: An Analysis of Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798)
1.Introduction Conflict has become accepted as part of human engagements and endeavours. When conflict arises, the disposition of the parties involved in it is to ... Read More
An Examination of Victim-Offender Mediation in the Criminal Justice System
A.Introduction As traditional court processes become unpopular, there has been recourse to flexible modes of adjudication through alternative dispute resolution. In the criminal justice context, ... Read More
Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection
Introduction. The President of Ghana is, under the law, the first gentleman of the land and he takes precedence over all other persons in Ghana. ... Read More
Matters Arising Out of the Abdulai Court: Presiding Members can Wear two Hats
Article 110(1) of the Constitution provides that “subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its own procedure.” Article 101 ... Read More
Territorial Jurisdiction of Lower Courts- Can Suits Be Transferred From One Lower Court to Another?
1.Synopsis It isaccepted that there is only one (1) High Court in Ghana but for administrative convenience, the Chief Justice may create different high courts ... Read More
Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana
Introduction It is fundamental in litigation that parties must commence action against relevant parties to the suit. A plaintiff who conceives that he has a ... Read More
The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court: Ex Parte Opuni (No. 2)
Introduction The Supreme Court has, in a four to three majority decision of its review panel, overturned its earlier three to two majority decision of ... Read More
12 Strategies to Becoming the Happiest Lawyer Alive
Introduction Lawyers are the most knowledgeable and distinguished of all professionals. By our very training and orientation, we are imbibed with diligence, hard work, integrity ... Read More
Parliamentary Immunity: A Ticket Above The Law?
The ongoing impasse between the Ghana Police Service and the Member of Parliament (MP) for Madina Constituency, Mr. Francis Xavier-Sosu, supported by the Speaker of ... Read More
Jurisprudence Day Outside Ghana’s Courts: Ghana Law Admission Policy and the Test of Constitutionalism
The title of this article rings a bell in the mind of the legally savvy. Yes, it is a refinement of the title of Dr. ... Read More
Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah Revisited.
Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld ... Read More
Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A Missed Opportunity To Strengthen Public Financial Management
Abstract Agreements made by or on behalf of the Government of Ghana (‘GoG’) play a key role in securing resources for national development, managing the ... Read More
Custodial Sentences in Ghana: A Case Study of The Republic v. Rosemond Brown aka Akuapem Poloo
In a bid to show her intense love to a son on his seventh birthday, a mother posts a nude picture taken with her son ... Read More
Loans and Jointly Acquired Properties: A Brief Note on Adjei v Adjei
Early on this year (on 21st April 2021), the Supreme Court in Peter Adjei v Margaret Adjei held that property acquired with a loan, which ... Read More
Is The Outcome of an Interpleader Proceeding Interlocutory or Final?
1.Introduction A person who holds a property to which he/she does not claim any legal or equitable interest may find himself/herself in a situation where ... Read More