Introduction The principle was laid down long ago under customary law that in matters affecting family property, it is the head of the family who can sue and be sued.[1] During the colonial days, white judges who applied the customary law, propounded that despite the rule, an ordinary member of the family may be authorized...
Dedication The author dedicates this paper to his sister[1], who obtained and graduated with her PhD from Ghana Institute of Management and Public Administration (GIMPA) on 15th December 2023 which date by divine coincidence was her birthday. Congratulations to her are in order and Happy Birthday to you Vivian E. Sampson PhD. Introduction. In civil...
Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original name or concept. Who would have thought that Kofi Ofori Dua will one day become Koforidua, for Nungua to be anglicized for Ningo-wa, Techiman for Takyi Oman, Cape Coast for...
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,...
Author:Richmond Agbelengor Voice summary: 1.Introduction In a legal tussle, facts alleged by a party and admitted by the opposite party do not become facts in issue, and same are seldom pursued by the party that alleged those facts. However, where facts are alleged by a party and same are denied by the opposite party, those...
Summary: The author considers the impact of the Supreme Court’s strained and narrow interpretation of the word “judgment” in Article 131 in Owusu v Addo on the pathways for appealing against decisions to the Supreme Court. As the decision provides, special leave is required in appealing against decisions not “judgments” from the Court of Appeal...
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 in different parts of the country. . Edward Wiredu J (as he then was) held in the case of Abudulai v. Agyei II and Another[1] that the oneness of the...
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 cause of action against a defendant is entitled to pursue his remedy against that defendant and cannot be compelled to proceed against other persons whom he has no desire to...
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 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,...