Opinion
Raising Legal Objections and the Role of the Judge
The author, a Circuit Court Judge, Ofaakor expertly discusses the matter of Objections raised in courts and offers practical insights for Judges to observe
H.H Malcolm, Ewoenam Bedzrah Esq.
Results for "Legal pluralism"
3275 results.
Opinion
‘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!!!
The article explores the subject of ex gratia paid to Article 71 office holders and questions its relevance under Ghana's socioeconomic situation and the legal principle of Nemo Dat Quod Non Habet
Frederick Gurah Sampson
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
Opinion
We don’t have too many lawyers. We have too many lawyers doing too little for too few.
Ghana does not have too many lawyers; rather, legal services are concentrated in urban areas, leaving many communities and businesses underserved. Lawyers must expand access to justice through legal education, proactive advisory services, b...
Abenaa Agyekum Esq
Opinion
Navigating An Application For Letters Of Administration: A Practical Guide for the Lawyer and the Judge from First Instructions to the Final Administration of the Estate
The article provides a practical guide to applications for Letters of Administration in Ghana, covering the lawyer’s duties in investigating the deceased’s family, assets, liabilities and entitlement to administer the estate. It also explai...
HH Malcolm Bedzrah
Opinion
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
The article examines how Ghana’s Land Act, 2020 (Act 1036) expressly recognizes acquisitions under customary law as a source of “good title,” restoring legal certainty to oral customary grants that had been treated inconsistently under earl...
Justice Alexander Osei Tutu
Opinion
GOGO’s TAKE On Republic v OSP, Ex Parte Peter Hyde (Part 2 of 3)
The article argues that the court’s ruling is fundamentally flawed because it assumes, without first proving, that the Office of the Special Prosecutor must receive prosecutorial authority through an Executive Instrument. It contends that A...
Stephen Kwaku Asare
Opinion
Employee Outsourcing and Its Legal Implications
This article examines the growing trend of employee outsourcing in Ghana, comparing it with permanent employment and highlighting the legal, ethical, and operational implications. It calls for clearer legislation to address the vulnerabilit...
Naa Awura Dede Osabutey
Opinion
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
The article asserts that Ghana's Land Act, 2020 (Act 1036) reinstates customary law acquisitions as valid sources of "good title" to land, correcting prior statutory exclusions. This shift legitimizes oral land grants and strengthens the le...
Justice Alexander Osei Tutu
Opinion
Remedies Under Ghanaian Company Law: Addressing the Gap for Aggrieved Directors, Shareholders, and Secretaries
This article examines the deficiencies in Ghanaian company law regarding remedies for aggrieved directors, shareholders, and secretaries affected by unauthorized changes in company records. It highlights the lack of a non-judicial route for...
Anthony Danquah
Opinion
The Law Office Morgue: Why Are Lawyers Paying to Store Dead Files?
Law firms in Ghana often store old client files indefinitely, incurring unnecessary costs. This article explores the financial, compliance, and operational challenges of file storage and provides strategic solutions, including charging stor...
Dennis Adjei Dwomoh
Opinion
Oral Team: Legal Powers and Legal Limitations
The article examines the legal framework and limitations surrounding the Operation Recover All Loot (ORAL) Preparatory Team established by Ghana’s President-Elect John Dramani Mahama. It concludes that while ORAL's evidence-gathering activi...
Richard Nii Amarh
Opinion
Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited
This article examines judicial review of administrative actions in Ghana, focusing on the cases Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited. It analyzes the distinction between the High Court's supervisory and judicial revie...
Kenneth Atsu Dogbey & Martin Waana-Ang
Opinion
The Ineffectiveness of Criminal Prosecution in Tax Recovery in Ghana: Insights from the Case of The Republic v. Warren Oil Company Limited
This article examines the limitations of criminal prosecution in recovering unpaid taxes in Ghana, using the case of The Republic v. Warren Oil Company Limited as a focal point. It argues that the punitive measures in the Revenue Administra...
Rebecca Eduafo-Abraham, Esq.
Opinion
Access to Medical Folder ‘Brouhaha’: The Position of the Law
This article discusses the legal aspects of accessing medical records in Ghana, addressing questions of ownership, privacy, and patient rights. It emphasizes that patients have a right to access their medical records, despite hospitals ofte...
Isaac Gyeabour Ofori, Esq
Opinion
Right to Sue on Behalf of the Family: Settled Principles & Unsettling Surprises
The article discusses the legal principle in Ghana concerning the capacity of family members to sue and be sued regarding family property. It examines historical and modern interpretations, significant case law, and statutory provisions.
Justice Alexander Osei Tutu
Opinion
Vehicles Do Not Commit Crimes: Registered-Owner Liability, the Presumption of Innocence, and the Legality of TRAFFITECH-GH
The article challenges the legality of Ghana’s TRAFFITECH-GH system, arguing that registered vehicle owners cannot automatically be held criminally liable for traffic offences committed by others. It contends that such liability violates th...
Albert Gyamfi Esq.
Opinion
The Moral Nuances of Adverse Possession in Ghana
This article explores the complex moral, legal, religious, and philosophical debates surrounding adverse possession, emphasizing its declining social approval and relevance in Ghana’s modern property system. It calls for reform or abolition...
Justice Alexander Osei Tutu
Opinion
Locus Standi of a Stranger to a Judgment; Analysis on the Decisions in Jacques v Harrison, Gbagbo v Owusu & Lamptey v Hammond
In this paper the author delves among others, into various cases and examines how a person can acquire locus standi to fall into the rule in Lamptey v Hammond.
Derick Adu-Gyamfi, Esq.
Opinion
The Role of a Criminal Case Complainant in Ghana
From the genesis of the modern state, the prosecution of an accused person has been the preserve of the State and not the victim or complainant. This is because crime is considered a wrong or injury against the State as a whole.Thus, compla...
Selasi Kuwornu