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 "Libraries in Ghana"
5169 results.
Opinion
THE LAW ON BAIL IN GHANA; A DEVELOPING JURISPRUDENCE
This article argues among other things that the court’s discretion in granting bail under the lenses of section 96(5) and (6) should only exist where there has not been an unreasonable delay in bringing accused before the court
Ernest Kwadwo Kyere
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
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
Default Judgment and the Doctrine of Estoppel Per Rem Judicata; A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Default judgement is an interlocutory application. It is not a final judgement in its strict sense. Any anything default is not final in a legal sense. Res judicata on the other hand is mostly applied when decisions of the courts are final....
Derick Adu-Gyamfi
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
We are divorced. My wife is abroad!
In this humorous and exciting recount, the author discusses a television drama from her childhood in which a court upheld a man's argument that he was right in marrying another wife because his wife (married under the ordinance) was out of...
Bertha A. Aniagyei
Opinion
Diversification – The Anticipations of Ghana’s Companies Act, 2019
The author discuss the concept of diversification and how Ghana’s Companies Act anticipates its practice
Richard Nunekpeku
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
Commercial Leases & Rent Liabilities – Lessons from the COVID-19 Pandemic
The author takes a look at the concept of commercial leases, rent liabilities and the effects of Covid-19 on businesses operating from commercial properties and identifies some lessons for future commercial leases
Richard Nunekpeku
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
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
Failure To File Affidavits in Opposition: Meaning and Effect
This article argues that failure to file an affidavit in opposition does not bar a party from responding to a motion on facts already on record, but only prevents the introduction of new facts. It clarifies that such failure amounts to admi...
Dr Justice Srem-Sai
Opinion
Governance beyond the Cross
This article explores how Easter's spiritual lessons, particularly the leadership model of Christ, offer timeless governance principles—such as clarity of vision, diversity, transparency, and transformative leadership—essential for building...
Harold Boateng
Opinion
Are Litigation Lawyers Working for Their Court Clerks?
The article discusses the vital yet underappreciated role of law clerks in Ghanaian litigation practice, highlighting financial risks associated with their responsibilities due to a lack of oversight. It proposes measures such as digital pa...
Dennis Adjei Dwomoh Esq.
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
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
Personal and joint ownership of immovable property acquired during the subsistence of a Marriage
In this article, the writer reviews articles 18 and 22 of the 1992 constitution, the Lands Act, 2020 (Act 1036) specifically, sections 38(3), 38(4) and 47, and judicial decisions including Mensah v Mensah, Quartson v Quartson, Arthur v Arth...
Samuel M. Codjoe
Opinion
Fundamental Human and Economic Rights at Crossroads with the Companies Act, 2019 (Act 992)
This paper discusses the constitutionality of prohibiting persons from becoming directors of a company upon incorporation and/or rendering them disqualified or unfit to continue in their role as directors of a company merely because they ha...
Samuel Cudjoe
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