Tag: civil procedure
Right to Sue on Behalf of The Family: Settled Principles & Unsettling Surprises
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 ... Read More
Legal Effect of Service And Pendency of an Application for Injunction in Ghana – Restating the Position!
Dedication The author dedicates this paper to his sister, who obtained and graduated with her PhD from Ghana Institute of Management and Public Administration (GIMPA) ... Read More
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
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 ... Read More
Arguing New Grounds of Appeal – To Seek Leave Or Not
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 ... Read More
General Traverse, Where is your sting?
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 ... Read More
Owusu v. Addo: An Unnecessary Hurdle In The Pursuit Of Justice
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 ... Read More
Territorial Jurisdiction of Lower Courts- Can Suits Be Transferred From One Lower Court to Another?
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 ... Read More
Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana
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 ... Read More
Is The Outcome of an Interpleader Proceeding Interlocutory or Final?
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 ... Read More
In the Matter of Abena Ackah v Agricultural Development Bank: Has the Supreme Court Given to Caesar What Belongs to God?
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 ... Read More