Can a Law Firm Sign a Legal Process? – Extra Perspective

May 10, 2018

On 7 may 2017, the Ghana Law Hub published an article under the heading, “Can a law firm sign a legal process?”In that article, Y. Edinam Cofie discussed a High Court decision in which Justice Bright Mensah came to the conclusion that a “person” as referred to in the Legal Professions Act (Act 32) referred […]

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Can a Law Firm Sign a Legal Process?

May 7, 2018

The High Court presided over by Justice Bright Mensah held, in “In the matter of Kaneshie Drivers Association and in the matter of an application by James Danful Paul Egyam, John Donkor and Samuel Cofie pursuant to s.217, s. 218 and s. 162 of the Companies Act”[1] that a law firm is not competent to sign […]

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Of Roots and Branches: The Curious Case of Order 81

May 2, 2018

Introduction “If your knowledge of substantive law is brilliant and you have no knowledge of the rules of Court then you cannot be a “proper” lawyer.” These were the words of Justice Anin Yeboah of the Supreme Court of Ghana when I first met him sometime in 2009. In his estimation, and like those of […]

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The Intra-Regional Jurisdiction of the High Court: Does The Court Really Have Discretion?

April 26, 2018

Introduction It is so notorious a fact that there is only High Court in Ghana. It is also trite that the various divisions of the High Court are for administrative and other purposes including convenience in litigation. That notwithstanding, litigants are not entitled to insist on particular courts or judges to determine their cases. It […]

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The Intra-Regional Jurisdiction of the High Court

April 24, 2018

Background I want to set the tone of this paper with this hypothetical situation. The Plaintiff is a limited liability company with its registered address and place of business in Tema in the Greater Accra Region. The Defendant is also a limited liability company with its registered address and place of business in Tema in […]

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Sallah v Attorney-General – 48 Years On

April 20, 2018

Today, we turn the clocks back to a key decision that was given 48 years ago. This was in the case of Sallah v Attorney-General. The facts of the case are well known but probably the decision would not have been this popular but for the social and political interests, it generated. Let’s start from […]

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The Decision in Bebb v. Law Society, And How Times Have Changed Since.

April 19, 2018

The times have changed indeed! The times, they are a-changing truly. O tempora; O Mores! In the year 1914, the Court of Appeal of England delivered a decision[1] that would have been unthinkable in this era of #Metoo; a decision that was deeply sexist and stood as a notorious poster child for misogyny. Women since […]

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Secret Phone Recording Violation of Right to Privacy

April 16, 2018

The Supreme Court in the case of Raphael Cubagee v Michael Yeboah Asare & 2 Ors[1] has declared the secret recording of a telephone conversation as a breach of the privacy provisions of the constitution. The Court went on to say that the secret recording was not admissible as evidence in court. “To record someone […]

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Can an unsigned document give rise to legal consequences?

April 12, 2018

The Supreme Court in the case of John Affuah & Another v General Developments Company Limited[1] has held that an unsigned document may give rise to legal consequences. The Court stated that the common law has always recognized the principle that the signature of parties to an agreement was not a prerequisite to the presence […]

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Reinstatements: Not Simply for The Asking

April 9, 2018

The Supreme Court, in the case of Castro Daniel Yao Attiamo v The Attorney-General & 2 Ors[1], has held that it is not every finding of wrongful or unfair termination that would justify a reinstatement. In other words, reinstatements are not simply for the asking. In the view of the Court, the circumstances of the […]

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