“On principle of public policy nobody should be allowed to take advantage of his own wrong.”[1] Introduction With this doctrine the decision in Bodner v Banque Pariba[2] comes to mind. The court held thus: “’Federal courts have found the statute of limitations must accrue from the date of the last wrongful act where there is...
Introduction Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary pleadings, hearing evidence of witnesses and addresses by counsel thereafter before the court’s judgment are not followed. The materials on which such is based are the writ of summons, statement...
Introduction This article brings to mind the words of Thomas Paine, when he stated as follows in 1796 “Nothing they say, is more certain than death, nothing more uncertain than the time of dying.”[1] Who are an executor and an administrator? The Wills Act, 1971 (Act 360) does not define who an executor is or...
Photo by Sharon McCutcheon on Unsplash Introduction In his book, Winfield and Jolowicz on Torts, by Rogers W.V.H 13th edition, Sweet and Maxwell, the learned author defined negligence as: “Negligence as a tort is the breach of a legal duty to take care which results in damage, undesired by the defendant, to the plaintiff. Thus...
Introduction Customary law has been defined under Article 11(3) of the Constitution 1992 as: “Rules of law which by custom are applicable to particular communities in Ghana.” These include the rules of customary law that have been determined by the Superior Courts of Judicature. Customary law therefore, is now part of the common law of...
INTRODUCTION The recent decision of the Supreme Court in Martin Kpebu v Attorney-General has finally settled the law on the grant of bail and other related offences stated under section 96(7) of Act 30 as amended by section 7 of the Criminal Procedure Code (Amendment Act, 2002 (Act 633) and as further amended by section 41(1) (a)...