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:: Ghana Law Hub

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Professor Richard Frimpong Oppong of the Faculty of Law of Thompson Rivers University deserves commendation for adding on to the Ghanaian literature on arbitration. In his work “The Government of Ghana and International Arbitration”, he examines, in a deliberate and painstaking manner, a number of arbitral claims and awards made against the Government...

The Supreme Court of Ghana in the case of Civil and Local Government Staff Association of Ghana v. the Attorney-General & 2 Others[1] has held that a member of the civil service or local government cannot contest for elections, other than local government elections, or hold a political party position. In the unanimous view of the 9-member panel...

Have you bought an item recently? Is it giving you trouble? Are you still holding on to it? Probably hoping that it may get better? Really? Well, the Supreme Court has news for you. Reject it as soon as you can. On 27th July 2017, the Supreme Court in the recent case of Pyne Associates v Africa Motors[1] held that the retention of a vehicle by a purchaser...

On 26 July 2017, the Supreme Court ruled that the High Court has concurrent jurisdiction with the Labour Commission in hearing cases of unfair termination of employment[1]. This also means that the High Court, just as the Labour Commission, is able to order the reinstatement of an employee (a remedy which previously was said to be unknown to the Courts...

An Accra High Court, on Monday 31 July 2017, declared the deportation of an Indian national by the Ministry of Interior and the Immigration Service as unlawful[1]. In the court’s view, the deportation “was, without a doubt, hasty and unreasonable.” on 1 June 2017, the Ghana Immigration Service arrested the Applicant (an Indian National). He was...

An Accra High Court in the case of IFS Financial Services Limited v Jonathan Mensah & Anor[1] has allowed the social media network, Facebook, to be used to notify a defendant of a civil suit after several failed attempts at serving the court processes on him personally. The High Court judge, Justice Sophia Bernasko-Essah in her order directed that...

In the well known case of Marbury v Madison[1], Chief Justice Marshall counsels: “certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void”....

A lot of ink has been spilt on parliamentary approval of agreements with the Government of Ghana in recent times. Rafts of Supreme Court decisions exist setting aside agreements entered into by foreign persons (natural and juridical) with the government of Ghana. The reason? – these agreements lacked parliamentary approval. Foreign investors entering...

The High Court (Civil Procedure) Rules 2004 (C.I 47) require a person against whom a writ of summons has been issued to file a notice of appearance in person or through a lawyer within 8 days. The appearance may be conditional or unconditional. Some lawyers are however in the habit of entering conditional appearance anytime they receive a writ and then...

Most litigators know this. The rules of court are simply handmaidens and not mistresses. Whiles this statement may be true to a large extent, the Supreme Court in Standard Bank Offshore Trust Company Limited (Substituted by Dominion Corporate Trustees Limited) v. National Investment Bank and 2 Ors[1] has said that some rules of procedure may well be...