Enforcement Procedure of a Registered Charge Under Ghanaian Law

July 30, 2019

1. Introduction On 23rd December 2008, the Borrowers and Lenders Act, 2008 (Act 773) was enacted to, amongst others, improve on the existing standards of disclosure of information on lending and borrowing, and also promote a consistent loan recovery and enforcement system by lenders. To this end, the Collateral Registry was established by Act 773 […]

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Can a person benefit twice under the Intestate Succession Act?

July 25, 2019

The Supreme Court has, in Togbe Akpoma I (Suing as Head of Family of Rudolph Kofi Mensah (Deceased)) & Anor v Gladys Mawuli Mensah (Administratrix of The Estate of Rudolph Kofi Mensah (Deceased))[1], held that it is possible for a child of a deceased Ewe to benefit twice under the Intestate Succession Act, 1989, (PNDCL 111). […]

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What is AfCFTA? And what does Ghana’s hosting of the AfCFTA Secretariat mean for the Country, Legally Speaking?

July 22, 2019

I. Introduction At its 12thExtraordinary Summit held from 6 to 7 July 2019 in the Nigerien capital Niamey, the African Union chose Ghana to host the Secretariat of the African Continental Free Trade Area (“AfCFTA Secretariat”). The AfCFTA Secretariat is the institution charged with providing administrative support for the implementation of the AfCFTA Agreement.   The […]

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Foetus’ Right to Protection: Comparing Abortion to Homicide

July 18, 2019

Article 297(e) of the 1992 Constitution provides that persons include female persons and corporations. In the case of New Patriotic Party v Attorney General[1], the Supreme Court held that persons are both natural and artificial persons, i.e., human beings and body corporates respectively[2]. In line with this, section 66(1) of Act 29 specifies that, “in order […]

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Recent Supreme Court Directions on Drafting of Grounds of Appeal

July 1, 2019

The Supreme Court in the recent case of Atuguba & Associates v Scipion Capital (UK) & Anor[1] has given some directions on the drafting of grounds of appeal. The court considered the directions necessary as “it has long been the practice among some legal practitioners to shirk the responsibilities imposed on them to formulate specific […]

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Mental Health and Criminal Law in Ghana

June 27, 2019

Mental health issues have dominated global health conversations over the years, mainly due to the increasing rates of suicide, depression and substance abuse, especially among the youth. Mental health encompasses the emotional and psychological wellbeing of a person. In Ghanaian criminal legislation, there are offences that border on the affected mental health of accused persons at […]

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Is Africa Ready for the Continental Free Trade Area with the Growing Spate of Xenophobia?

June 24, 2019

“The Only Thing We Learn From History Is That We Learn Nothing From History.” Georg Wilhelm Friedrich Hegel  About fifty years ago, under the visionary leadership of Ghana’s first President, Dr. Kwame Nkrumah, the Organization of African Unity, now the African Union (AU), conceived an African Common Market program. According to Dr. Kwame Nkrumah, it […]

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Local Content and Local Participation in Ghana’s Power Sector

June 17, 2019

Over the past few years, Ghana has been rolling out local content and local participation regulations in various sectors of the economy. In 2013, comprehensive local content and local participation regulations in the upstream oil and gas sector were introduced, as well as in the electricity supply industry in 2017[1].  The Energy Commission (Local Content […]

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The Tax Implications of Failing to Register a Technology Transfer Agreement

June 10, 2019

The Ghana Investment Promotion Centre Act, 2013 (Act 865) (“GIPC Act”) and the Technology Transfer Regulations, 1992 (L.I. 1547) (“TTA Regulations”) constitute the main legal framework for the regulation of Technology Transfer Agreements (“TTA”). A TTA is an agreement between a foreign entity and a Ghanaian entity for a term of not less than 18 […]

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Ending Employment Relationships Under Ghanaian Law: Basic Terms (2)

June 6, 2019

The first part of this piece discussed in general terms the differences between termination and dismissals under the Ghanaian law. The piece went on to look at the differences between a dismissal (simpliciter) and summary dismissal. The author also considered the differences between unlawful dismissal and wrongful dismissal.  The second part of this article examines […]

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