The LEADing Justice Initiative of the Chief Justice – An Innovative Vision Worthy of Support
“It should be emphasized that the judiciary as composed at present, in terms of article 125(1) of the 1992 Constitution, shall “be independent and subject...
Capacity: A Fundamental Concept Suffering From Conflicting Notions
Introduction In 2008, His Lordship Anin Yeboah J.A. (as he then was) in the case of The Republic v. The Arbitration Committee of Mampong Gyase...
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
Introduction The power to alienate and capacity to litigate are cornerstones of the law of Immovable Property and legal proceedings (Civil Procedure). The power to...
Locus Standi of a Stranger to a Judgment: Analysis on the Decisions in Jacques v Harrison , Gbagbo v Owusu & Lamptey v Hammond
Introduction A brief discussion on the origin of the term ‘locus standi’ or simply standing will be very useful to readers for the purpose of...
Announcement: Appointment of Editors
The Ghana Law Hub is pleased to announce the appointment of Helen Amponsah Asare, and Kalvin A. McQuaye, to its editorial team. Helen is a...
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...
Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims
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...
What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution
Author: Ernest Kyere Introduction The skinny, malnourished-looking Kofi Boakye walked into the courtroom. His face grimaced as he felt all the stares on him. With...
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...
A Practical Guide to Real Estate Investment Trusts (REITs)
The popularity of Real Estate Investment Trusts (REITs) is on the rise globally and Ghana is no exception. This is driven by investors’ need for...
‘Bulley’ Them No More, Are Letters of Administration Indispensable?
Authors: Joseph Bondzie Afrifa & Vanessa S. Zormelo Abstract In this Article, the authors seek to discuss the position of the law concerning the issue...
Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey[1] (described...
‘Article 71’ Office Holders and Retiring Emoluments, When Ex Gratia Meets Nemo Dat Quod Non Habet, Russia-Ukraine War, and During Debt Exchange – Reflections of a Citizen, Not a Spectator!
When the President, His Excellency Nana Addo Dankwa Akufo-Addo, was sworn into office on 7th January 2017 as President of the Republic of Ghana for...
Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters
Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1], the...
Res judicata: The Undefined Borders
Introduction The Common Law doctrine of res judicata holds that where a court of competent jurisdiction has determined a case to finality, the parties and...
Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?
Authors: Antoinette Kyeremanteng & Theophilus Boateng Osei Abstract This paper seeks to analyze, evaluate and examine the contention whether or not recovery of possession after...
Treatment of Shareholders’ Unclaimed Dividends Under the Companies Act 2019, (Act 992) and the Constitutional issue that Arises!
Voice Summary: Introduction Businesses, be it Limited Liability Companies, Sole Proprietorships, Partnerships etc in Ghana like elsewhere exist with the aim of maximizing profit. Shareholders...
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...
Default Judgment and the Doctrine of Estoppel Per Rem Judicata: A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Voice Summary by Author: Introduction Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely...
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances
Voice Summary by Author: Introduction. The objective of every Plaintiff who commences an action either by issuance of writ,[1] petition[2] or an originating motion...
Summary: Transparency International & Ors V Republic of Ghana (the Agyapa Case)
On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a...
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...
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...
12 Strategies to Becoming the Happiest Lawyer Alive
Introduction Lawyers are the most knowledgeable and distinguished of all professionals. By our very training and orientation, we are imbibed with diligence, hard work, integrity...
Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah Revisited.
Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld...
Custodial Sentences in Ghana: A Case Study of The Republic v. Rosemond Brown aka Akuapem Poloo
In a bid to show her intense love to a son on his seventh birthday, a mother posts a nude picture taken with her son...
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...
The Evil Lurking in The Shadow Of Martin Kpebu No .2 And The Struggle For Power
Introduction John Salmond wrote on liberty: “legal liberties are the benefits which I derive from the absence of legal duties imposed upon myself. They are...
Garnisheeing Joint Bank Accounts – The Ghanaian Law Perspective
Frederick Gurah Sampson Esq and Roselyne Kaledzi Esq Introduction. The Bank-Customer relationship usually commences with the account opening processes. This is the stage where the...
The Enforcement of Morals: A Delimitation of the Criminal Sphere of Morality
Introduction It is without doubt, a reasonable one, that a State has authority over its citizens whether de jure or de facto. This authority of...
Trying Criminal Cases De Novo: The Ghana Situation
Introduction: In legal practice, the expression ‘trial de novo’ connotes trying a case afresh as ‘de novo’, a Latin expression, means over again or anew[1]....
What Do We Desire/Expect From our Legal Apprentices Otherwise Referred to as Pupils?
By Charlotte O. Kwakye-Nuako, Esq, PhD[1] Legal practice is basically an apprenticeship backed by law—at least at the beginning. The Legal Profession Act, 1960 (Act...
Preliminary Legal Issues for Determination: When to Raise Them.
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...
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...
Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System
By: Seth F.T. Mireku Jnr, Ghana School of Law Introduction It is incontestable that Ghana’s criminal justice system is beleaguered with deficiencies that hinder the...
Matrimonial Jurisdiction of the District Court – Settling the Jurisdictional Controversy.
Introduction Jurisdiction in law is fundamental. It is the power or authority upon which a person or a body acts. Without the requisite jurisdiction, a...
Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?
Introduction The Legal Profession Act of 1960 is the main statutory regime regulating the legal profession in Ghana. The Act provides that a lawyer who...
Of Gaudy Earrings, Bare Arms and Revealed Cleavage: The Feminine Face of the Ills of the Bar?
Introduction Literature-in-English was my favourite subject in both my O’ and A’ Level classes at St. Monica’s Secondary School in Asante-Mampong. Apart from the richness...
The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to Rest
All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone...
Understanding the Ghanaian Law on Garnishees (2)
By: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) What happens when the Garnishee pays out the money to the...
Understanding the Ghanaian Law on Garnishees (1)
Authors: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) Introduction Parties go to court or resort to any other dispute resolution...
A Ban on John Doe in Ghana: A Blessing or A Curse?
Introduction One person who has probably litigated more than any other person under the sun is ‘John Doe’. He is indubitably known to the laws...
Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice
Introduction Rules of court comes within the ambit of subsidiary legislation. Because it is a subsidiary legislation, our courts over the past two decades have...
Security Without Security – Lessons For Banks, And Similar Institutions (1)
Banks and Specialized Deposit Taking institutions (SDTIs) exist to provide financial solutions to their Customers. In doing so, they largely take deposits and grant credit...
Evolving African Philosophy of Law Overshadowed by Western Principles
Introduction Although African philosophy of Law has its roots in African customary law, it can be seen as an evolving jurisprudential tradition overshadowed by western...
The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2) in the Ghanaian Criminal Law Jurisprudence
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...
Covid-19 And New Crime Trends
On Wednesday 20th May 2020, Dr. Isidore Kwadwo Tufuor, Lecturer and Head of the Private Law Department at the GIMPA Faculty of Law, delivered via...
Serving the Court’s Process on the Court: A Discussion on the Service of Court Processes
A legal claim, even an incontestable one, will not be noticed by the courts unless or until it is properly brought to the notice of...
Navigating the Maze of Striking Out Pleadings – A Hands-On Approach to Invoking the High Court’s Jurisdiction (2)
Must a Defendant Enter Appearance before Bringing an Application Under Order 11 Rule 18? Once a writ of summons with its accompanying statement of claim...
Navigating the Maze of Striking Out Pleadings – A Hands-On Approach to Invoking the High Court’s Jurisdiction (1)
Introduction Disputes and in effect litigation, are aspects of life that have been in existence since the days of old. The earliest form of a...
Covid-19, Legal Practice and its Implications for Judicial Decision Making
On Wednesday 6th May 2020, His Lordship Justice Dennis D. Adjei, Justice of the Court of Appeal of Ghana and Honorific Dean of the GIMPA Faculty...
Re: Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?
Anyone who has followed Justice Osei-Tutu’s Friday “Friday Legal Corner” will agree that the Learned Judge is making great contribution to legal education and legal...
Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?
The Facts of the Case In the case of Hayford Ofosu Amaning v. The Republic[i], the High Court had tried summarily an accused person who was...
In Pursuit of Justice: What if the Son of Man Has Nowhere to Lay His Head?
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...
Tracing and Recovery of Assets in Ghana: Has Ghana’s Supreme Court Laid Down A New Standard?
The Plaintiff, a bank incorporated in Nigeria, desirous of expanding its business operations in Chad opened an account with Banque Commercial Du Chad (BCC) which...
Fair Trial in Civil Cases: A Right or A Privilege?
Introduction The concept of ‘fair trial’ was traditionally associated with criminal proceedings. This article seeks to examine the origin of the concept and how it...
A Secular State and the National Cathedral
Religion is a pre-occupation of the day-to-day lives of Ghanaians – and this gives the clerics dominion of the society. Like elsewhere in Greece and...
The Money Laundering Conundrum: Know Ghana’s Legal Nuances and Perspective
Introduction Money laundering known in latin “pecuniam lavare” simplistically is the process of disguising, masking, masquerading and concealing the source and/or true nature of money obtained through...
Raising Points of Law for the First Time on Appeal
The Supreme Court in Victoria Annang v Emoho & 4 Ors[1] has held that subject to a few exceptions, a party cannot raise a point of law...
Goodbye to Her Ladyship Chief Justice Sophia Abena Boafoa Akuffo
Introduction Friday, 20th December 2019 marks the end of Her Ladyship the Chief Justice, Sophia Akuffo’s tenure as Ghana’s 13thChief Justice since independence and the 6th Chief...
Injunctions Pending Appeal: When and How To Invoke The Jurisdiction Of Appellate Courts
1. Introduction Injunction applications are very common before trial courts. In litigation over land, the Plaintiff often files an injunction application almost at the same...
Court Awards Punitive Costs Against Lawyer for Frivolous and Time-barred Suit
A High Court in Nigeria, Abuja Division, has in the case of Dakolo v Fatoyinbo awarded costs of N1,000,000 against a lawyer for bringing an action...
“This Advertisement has been Vetted and Approved by the FDA.” (1)
These days, it seems as if every advertisement aired on television or radio has a voice at the end saying, “This advertisement has been vetted...
Of Opening Up Legal Education In Ghana
“If people want to do their own law practice, they can go on the internet. Members of the public can go on the internet and...
Remembering Mr. Justice Anthony Yeboah
On 4th October 2019, the day on which new lawyers were called to the Ghanaian Bar, the Bar and Bench lost one its brightest light...
7 Point Advice to Newly Called Lawyers
I must begin by congratulating my soon to be colleagues who will be called to the Bar. As a fellow junior member at the bar,...
Recent Supreme Court Directions on Drafting of Grounds of Appeal
The Supreme Court in the recent case of Atuguba & Associates v Scipion Capital (UK) & Anor[1] has given some directions on the drafting of...
Mental Health and Criminal Law in Ghana
Mental health issues have dominated global health conversations over the years, mainly due to the increasing rates of suicide, depression and substance abuse, especially among...
Is Africa Ready for the Continental Free Trade Area with the Growing Spate of Xenophobia?
“The Only Thing We Learn From History Is That We Learn Nothing From History.” Georg Wilhelm Friedrich Hegel About fifty years ago, under the visionary...
The Implications of Lost or Missing Record of Proceedings
In the Supreme Court case of Jones Bonuah @ Eric Annor Blay v The Republic, the appellant appealed against (a) his conviction for robbery and...
Powers of The Court Over Unmoved Applications
The supreme court has stressed that nothing prevents a court from electing to hear and decide on its merit a motion that has not been...
Ghana’s 2000 Banks Collapse (Part 2)
Under Act 180, the liquidator’s role was simply to identify the assets of the banks, sell them and use the proceeds to settle the debts...
Ghana’s 2000 Banks Collapse (Part 1)
Ghana’s Banking sector has experienced a number of significant changes in the past year. Of all these changes, the Bank of Ghana’s revocation of the...
GES, the Law and the Ban on Corporal Punishment
The Ghana Education Service (GES) in 2017 officially banned all forms of corporal punishment of children in schools in Ghana as part of efforts aimed...
Regulating Related Party Activities in Ghanaian Banking
A survey of the reporting of the still on-going issues surrounding the banking sector in Ghana reveals that many of the problems associated with the...
Customary Grant Will Override a Subsequent Conveyance
The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb[i] held that writing is not a sine qua non to a customary grant in land...
When Changing Your Mind Means Nothing
It has been said that only a fool never changes his mind. However, in our criminal jurisprudence, setting certain actions in motion without completing them...
Victim-Offender Mediation and the Criminal Justice System
Under the criminal justice system, a crime is regarded as an offence against the state and not the victim.[1]The state steps into the shoes of...
What Does the Law Say – “Traffic Police: Things to Remember”
A few weeks ago, I saw eleven facts on traffic rules which sought to educate users of the road, particularly drivers. This was virally shared...
Supreme Court on the Determination of the Value of a Car Under a Comprehensive Insurance Policy
The Supreme Court by majority decision has held that an insured party is entitled to determine the value of his insured car and that the...
Luksharp Laundry: Transforming Laundry into a Breeze
Welcome to Luksharp Laundry, proudly serving the Accra community for over 8 years! We understand that life can get hectic, which is why we’ve designed...