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 "Ghana Tourism Authority"
5604 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
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
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
Opinion
Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?
This article seeks to examine the continuous relevance of the one month’s notice requirement in the law in the light of the 1992 Constitution and other legislations that have abandoned such requirements
Francisca Serwaa Boateng
Opinion
The dawn of a new era in the grant of stay of execution in Non-Executory orders: The case of Ogyeadom Obranu Kwesi Atta VI
The writer scans the horizon of the legal landscape on the determination of cases regarding executory and non-executory orders culminating in the decision in the case of Ogyeadom Obranu Kwesi Attah VI
Justice Eric Kyei Baffour
Opinion
For better or for worse? New Changes introduced into the Court of Appeal and Supreme Court Rules
The author discusses the new changes in the procedure to filing appeals at the superior appellate courts and their implications
Francisca Serwaa Boateng