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...
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...
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...
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...
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...
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...
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...
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...
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...