Photo by Artem Beliaikin on Unsplash 1.Introduction: On the 15th of March 2023, Justice Eric Baah JA, sitting as an additional High Court Judge delivered a judgment in a matter titled Anas Aremeyaw Anas v Kennedy Ohene Agyapong.[1] The Plaintiff in that suit had commenced an action against the Defendant for publishing words which the...
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 to a court with competent appellate jurisdiction. The Party who lodges the appeal is called the Appellant, and the Party who responds is the Respondent. Per the rules of court,...
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 kinds of agreements. Even legislative drafters have caught on to this “new wave” of including arbitration provisions in public legislation. Hence, Acts of Parliament and subsidiary legislation passed in the...
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 other persons are laying adverse claims/interest to that property. Persons merely in possession of the property (such as tenants) or a Court Registrar/Sheriff (who may have attached the property in...
1.Introduction Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798) (“hereinafter referred to as the ADR Act”), has been hailed by Scholars as very progressive. Dr. Emelia Onyema described the Act as “comprehensive, modern and forward looking and should enhance Ghana’s chances of being chosen by parties as seat of their arbitration references within sub-Sahara Africa[1].”...
1.Introduction These days, the mention of National Security evokes fear and intimidation, to say the least. Media reports abound as to alleged unlawful arrests and detentions of persons and their alleged ordeals in the hands of persons claiming to be National Security Operatives. After the security failure fiasco at Ayawaso West Wagoun Bye-Election, the President...
1.Introduction Parties go to court because they are unable to settle their disputes amicably. The rules of court have been enacted to provide an avenue for parties to settle their disputes amicably, effectively and efficiently. It is trite that after pleadings are closed the originator of the action, commonly referred to as the Plaintiff, is...
1.Introduction The dichotomy between the Church and the State was epitomized in the words of Jesus Christ in the following text which is found in the book of Mark Chapter 12[1]: “Later they sent some of the Pharisees and Herodians to Jesus to catch him in his words.[2] They came to him and said, “Teacher,...
1.Introduction “If we never do anything which has been done before, we shall never act anywhere. The law will stand still whilst the rest of the world goes on and that will be bad for both.’’- Lord Denning Nations develop on the payment of taxes by citizens and non-residents who are subject to the payment...
1.Introduction It is the dream of every Government for every citizen of that country to have a home or a job. Having a home or a job means that you will either have a residential address or an occupational address. The situation of men being homeless is unfortunately not a new development. Even the Lord...