Opinion
Land Management as a component of Sustainable Development: The role of traditional leadership in the Kumasi Traditional Area
A lecture delivered at the KNUST Law Faculty on 23rd March, 2023
Mariam Agyeman Gyasi Jawhary
Results for “2021(Act 1061)”
167 results.
Opinion
The Circuit Court’s Jurisdiction in Ghanaian Land Disputes: A Jurisdiction at Large
This paper examines the misconception that the Circuit Court in Ghana is limited by a GHC 2,000,000 jurisdictional cap in land disputes. Through legal analysis, it argues that the Circuit Court’s jurisdiction in land matters—regarding owner...
Her Honour Judge Sedinam Awo Kwadam (Mrs.)
Opinion
Tear Them Down to Pieces: The Marriage Between Divorce and Corporate Insolvency
This article explores the intricate relationship between divorce and corporate insolvency, particularly when married couples are business partners. It discusses how personal turmoil can destabilize a company, leading to potential insolvency...
Samuel Alesu, 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
The Concept Of Family: A Vexed Issue In Our Legal Jurisprudence
The article examines the meaning of “family” under Ghanaian customary law, including how family membership and headship are determined, and emphasizes that these questions often depend on the customs and evidence of the particular family. I...
Francis Obiri
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
Parliamentary immunity: A ticket above the law?
The author wades into the debate on the implications of Articles 117 and 118 of the Constitution in light of recent events surrounding Madina MP, Hon. Francis-Xavier Sosu
Nick Opoku
Opinion
Expanding the Tax Net in Ghana: An Assessment of Equity and Good Tax System Principles
This article delves into Ghana's tax system, identifying key challenges such as informal sector integration, low compliance, and systemic complexity. It proposes reforms inspired by global best practices to improve revenue generation, equit...
Nkrumah Daniel Kofi Kyere Esq & Azanya Abraham Maslow MCiARB
Opinion
The Death of a Profession?
Following the Chief Justice's decision to refer Dr. Dominic Ayine to the General Legal Council over his comments in the aftermath of the Election Petition, the author explores the implications for the legal system and the freedom with which...
Francisca Serwaa Boateng
Opinion
Beyond The Land Act: Uncovering The Missing Pieces In Ghana’s Land Governance Framework
This article argues that while Ghana’s Land Act, 2020 is comprehensive, effective land governance depends on recognizing and integrating a wider set of related laws. Justice Alexander Osei Tutu examines over 30 enactments that, although not...
Justice Alexander Osei Tutu
Opinion
The Termination Tightrope: Navigating the Balance between Employer Rights and Employee Protections
This article examines the tension between employer rights and employee protections in Ghana's labor law, particularly regarding termination. It critiques the Supreme Court's reliance on outdated common law principles that allow employers to...
Martin Waana-Ang & Joshua Mbowura
Opinion
Conviction and Sentence in Absentia; Effective Date Of Sentence, Settling The Uncertainty; The Case Of Sedina Tamakloe-Attionu, Former Masloc CEO
The article examines whether a sentence imposed in absentia begins from the date it is pronounced or from when the convicted person is brought into custody. Using the Sedina Tamakloe-Attionu case, the author argues that a purposive reading...
Frederick Gurah Sampson
Opinion
Beyond the "Koo Kaa": Safeguarding Ghana's forest reserves
The article intends to ensure that beyond the discussions and debates on the degazetting of portions of the Achimota Forest, concrete steps are taken at clarifying the legislative framework for the management and utilisation of forest resou...
Clement Kojo Akapame
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
Plea bargaining in Ghana: The Inception of Act 1079
This article focuses on what plea bargaining is, the position of the Ghanaian criminal law on plea bargaining prior to Act 1079, the enactment of Act 1079, the benefits of plea bargaining, proposed implementation for plea bargaining as well...
Nana Ama Dankwaa Kessey Adinkrah
Opinion
Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana
This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual...
Sedinam Awo Kwadam
Opinion
Customary Succession and the Inheritance Rights of Women: The Case of Odamtten & Others v. Wuta-Ofei & Ors.
The author evaluates the decision of the Supreme Court of Ghana in the case of Odamtten & others v. Wuta-Ofei & Ors, with respect to the application of the rule of customary law applicable in patrilineal communities
Kwame Adusei
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
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
An Examination of the Scope of the Supervisory Jurisdiction of the High Court of Ghana
The article examines the supervisory jurisdiction of the High Court of Ghana under the 1992 Constitution, highlighting two contradictory Supreme Court decisions on the matter. It argues for the court's unfettered supervisory powers and urge...
Simon Okyere, Esq.