Opinion
The Story Behind the Claim
This Opinion piece was originally published on the author's LinkedIn page as, "An article on choosing 'story' over technical language and showing off in drafting statements of claim in disputes."
David A. Asiedu
Results for "Ghana School of Law SRC"
217 results.
Opinion
Essential things to know about Separability of arbitration agreement
The author examines the notion of separability of arbitration agreement within the realm of contracts, bringing further clarity to the doctrine and advocating for the rejection of this antiquated and impractical idea
Michael Sumaila
Opinion
Platform liability: What streaming platforms and social media users need to know under Ghanaian law
Ghana’s Electronic Transactions Act protects social media and streaming platforms from liability when they act as neutral hosts for user-uploaded content. However, platforms may become liable when they commercially select, license, distribu...
David A. Asiedu and Ernest Kwadwo Kyere and Joseph K. Konadu
Opinion
Resisting Juristocracy in Ghana: Why the Supreme Court's decisions on Property Rights of Spouses have no constitutional basis
It is the firm view of the present author that when Parliament went to sleep, the Supreme Court assumed legislative functions and purported to implement the provisions of Article 22(3) of the Constitution through constitutional interpretati...
Daniel Korang
Opinion
Private Member’s Bills: Key to parliamentary effectiveness
The authors highlight the nature and prospects of the enactment of Private Member’s Bills in Ghana and lay out some of the current efforts initiated by Parliament to consolidate the 2020 feat
Benjamin Tachie Antiedu and Goodnuff Appiah Larbi
Opinion
Killing me softly: How Ministry of Foreign Affairs’ “authentication” directive is sending the “omnia praesumuntur” rule to an early grave
The author disagrees with the Ministry of Foreign Affairs’ recent decision to reject all official documents presented for attestation without a further act of authentication by the issuing official. See her full reasoning in this article
Francisca Serwaa Boateng, Esq.
Opinion
An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court
The Supreme Court on 18th January 2022 rendered its reasons in the case of of Republic v High Court, (Criminal Division 9), Accra Ex Parte Ecobank Ghana Ltd; Origin 8 & Anor (Respondents & Interested Parties). This is a case which bothered...
Justice Eric Kyei Baffour
Opinion
GTEC's Authority to Regulate Academic Titles: A Legal Necessity, Not an Overreach
GTEC’s enforcement of regulations on academic titles is a legally sanctioned effort to uphold academic integrity and protect public trust, not a political overreach. The directive aligns with national laws and mirrors practices in other reg...
Dennislaw
Opinion
Navigating the Cyber Frontier: Safeguarding Our Digital World Amidst Technological Advancements
The author sheds light on the pressing need for vigilance and awareness in an era where the lines between the digital and physical worlds become increasingly indistinct
Nicolinn Nana Adjowa Kwaw
Opinion
Ghana leads the charge in CBDC adoption, Nigeria in the wings
The author describes the growth of digital currencies in Ghana and Nigeria, the prospects and its challenges
Gerelyn Terzo
Opinion
21st Century Restatement of the principle in Kponuglo v. Kodadja
The writer lays more emphasis on how the Kodadja principle has gone under the knife on a couple of occasions especially in this century at the blind side of its numerous admirers
Justice Alexander Osei Tutu
Opinion
Retrogression in Retrospectivity: A Critique of the Supreme Court case of Obeng Gyebi
This article sets out to examine the case of Obeng Gyebi, the reasoning and conclusion of the apex court in applying the Criminal Code (Amendment) Act, (Act 646) retrospectively to the sentence of life imprisonment of the appellant.
Justice Eric Kyei Baffour
Opinion
Who is a Casual Worker? Employment Practice and Ghana’s Labour Laws
This paper discusses, mainly, one category of workers: casual workers. Most employments or businesses use this phrase with the view of distinguishing these workers from another set of workers – permanent workers.
James Gawuga Nkrumah
Opinion
Mitigating Risks and Liabilities in Land Transactions in Ghana: Buyers' Due Diligence
This article aims to help raise awareness about the importance of legal and environmental due diligence in Ghanaian real estate transactions and provide guidance on how to effectively assess potential risks and liabilities to aid investors...
Douglas Nketiah Boahene and Prince Kojo Tabiri
Opinion
Summary Judgments in Land Litigation; A ‘Quickie’ Path to Obtain Judgments? To Move or Not To Move, The Quagmire of the Practitioner?
The burden of the author in this article is to review the law on Summary Judgment, discuss the two opposing views of whether same can be granted in land matters or not, attempt to fill the vacuum and draw a conclusion that a party may not b...
Frederick Gurah Sampson
Opinion
Suspension and interdiction of workers under Ghanaian law: A note to employers
The purpose of this paper is to examine the legal implications of suspension and interdiction for employers and employees
James Gawuga Nkrumah
Opinion
The appointment of Directors – The critical step towards the survival and growth of companies
The author evaluates the general legal qualification requirements for the appointment of directors and makes a case for the institutionalisation of a robust leadership and professional checklist as a necessary and complementary requirement...
Richard Nunekpeku
Opinion
Presumption Of Advancement: A Legal Anachronism (Husband And Wife)
The conundrum on what constitutes a gift or otherwise is the focus of the author in this article, as he assesses the posture of the courts when dealing with such matters
Derick Adu-Gyamfi
Opinion
The Bolam Test: An unfair decision in the torts of professional negligence
The author argues in this article that the Bolam test should be sparingly applied especially in situations where it will lead to injustice under the guise of judicial precedent
Derick Adu-Gyamfi
Opinion
Repeat applications in Criminal Procedure
Repeat applications are recognized and permitted in criminal procedure and are more common with bail applications. What is a repeat application and when can one file same? Learn more in this article.
Selasi Kuwornu