Opinion
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Nicholas Lenin Anane Agyei
Results for "Trade and Industry"
226 results.
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
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
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
Developing Jurisprudence or Creating Chaos?: An Examination of the Decisions of Ghana's Supreme Court on Property Rights of Spouses
This Article explores the contradictions and conflicts in the theory of the Supreme Court, whilst emphasising that the jurisprudence of the Supreme Court is in fatal disarray and anarchy. The so-called jurisprudence of equality does not onl...
Daniel Korang
Opinion
The Grant Of Bail: The Novel Decision In Martin Kpebu (No.2) V Attorney-General
The author assesses the implications of the Supreme Court's decision in Martin Kpebu v Attorney-General , particularly on the matter of bail and related offences
Derick Adu-Gyamfi
Opinion
Can the ordinary Ghanaian plead Ignorance of Law?
The author inquires into the question of whether or not an ordinary Ghanaian can plead ignorance of law if found to be in conflict with the criminal laws of Ghana, drawing from the recent case involving Ghanaian entertainment personality, R...
Benjamin Tachie Antiedu and Goodnuff Appiah Larbi
Opinion
Accumulated leave in Ghana - Does the law frown on it?
Matters of accumulated leave is a major concern of employers and employees. The author discusses the position of Ghana's law on employee leave benefits and whether an employee can accumulate extended periods of leave. The article discusses...
Ernest Osei-Afful
Opinion
A still borne piece of law, and rightly so declared in the case of Origin 8
Last week, we published an article written by Justice Eric Kyei Baffour titled "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" in which the learned Court of...
Thaddeus Sory
Opinion
Sealing of probate and Letters of administration obtained from countries outside Ghana
The author offers recommendations that would ensure that certainty is brought to the process of re-sealing in Ghana and would make the process simpler and straightforward
Reginald Nii Odoi
Opinion
Can Concubinage relationship be equated to a valid customary marriage; the decision in Mintah v Ampenyin in retrospect
The author analyses some cases where concubinage has been equated to a valid customary marriage and those that never qualified to be a valid customary marriage. He estimates further that concubinage should lead to a valid customary marriage...
Derick Adu-Gyamfi
Opinion
The doctrine of continuous violation: Can it be caught by the doctrine of Estoppel and the statute of limitation?
This paper analyses the circumstances under which estoppel and the statutes of limitation cannot be invoked as shield or even as a sword to override an act or conduct of any person which contravenes the Constitution 1992.
Derick Adu-Gyamf, Esq.
Opinion
Why you must conduct a litigation search before buying a land in Ghana
It is widely accepted among land purchasers in Ghana that, there is a need to go an extra mile in due diligence before paying money to any person or entity who purports to own a land in Ghana primarily due to the dicey nature of our land ac...
Victor Owusu Asante Esq
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
The Right to liberty and Freedom of movement in the shackles of Administrative Acts in Covid-19 Ghana; The legal implications in Ghana’s constitutional jurisprudence
The authors discuss how the COVID-19 and its associated restrictions have impacted some basic freedoms such as movement and liberty.
Frederick Agaaya Adongo and Martin Waana-Ang
Opinion
The Unambiguous Constitutional Answers to the Question of Citizenship by Birth
The author raises critical questions on the question of citizenship by birth and the ambiguous position of identification by a birth certificate
Richard Nunekpeku
Opinion
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
The paper interrogates the two positions and the recent attempt by the Apex Court to reconcile them. Was the Court able to rectify the ‘corrupted version’ of the estoppel per rem judicatam rule or just like Abedi Ayew, it is too late in the...
Justice Alexander Osei Tutu
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
Creditors’ right to the payment of debt and the Limited Liability feature of a company limited by shares
The author discusses the concept of limited liability and the creditors’ right to payment and offers some recommendations on creditors’ due diligence as a means of averting the ultimate termination of the right to the payment due to the ben...
Richard Nunekpeku
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