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 "Public Financial Management Act"
5713 results.
Opinion
To Plead Or Not To Plead Guilty? An Appraisal of Plea Bargaining In Ghana.
The article appraises plea bargaining in Ghana, focusing on its development under the Criminal and Other Offences Procedure Amendment Act 2022, Act 1079. It explains the types of plea bargaining, its historical context, and its implications...
Gloria Teye
Opinion
Change of representation: The law and its implication
A party that acts by a lawyer may change its representation during the trial. However, this can only be done by strict compliance with certain mandatory requirements outlined in both the C.I. 47 and Act 32. The author discusses these requir...
Noah Ephraem Tetteh Adamtey
Opinion
The Legal Effect of ‘Solicitor’s Representative' signing Writ of Summons to commence an action under the District Court Rules
The Author examines the legal effect of Order 2 rule (3)(2)(a) & (b) of the District Court Rules to the extent that it permits a Solicitor’s representative to sign a writ of summons to commence an action at the District Court.
John Kwesi Hagan Jnr. Esq
Opinion
Section 2A of the Income Tax Act, 2015 (Act 896) of Ghana (As Amended): A Drafting Error or a Case for the Exercise of Discretion?
"The author of this Article is of the considered opinion that Parliament intended to use the word “shall” in section 2A (1) of Act 896 (as Amended) and that the word “may” was used in error."
Charles Acquah
Opinion
Adisa Boya v. Zenabu Mohammed: A Judicial Incision – How the Supreme Court Created an Exception Without Overruling Estate Law Precedents.
An analysis of Adisa Boya v. Zenabu Mohammed, where the Supreme Court carved out an exception to estate law by allowing intestate heirs to sue without Letters of Administration, balancing legal formality with justice.
Kofi Annan
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
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
Alexander Afenyo Markin v. Speaker of Parliament & A-G: Application ex-parte for stay of execution of the ruling of the speaker of parliament delivered on 17th October,2024 pending the determination of the suit.
This case examines the interplay between judicial review and constitutional supremacy in Ghana, focusing on the separation of powers and the judiciary's role in interpreting constitutional provisions. The dispute arises from the Speaker of...
Onesimus Faeron
Opinion
Law and Society: Are We Playing Ostrich with the Current Realities of the Family System and Confusion Associated with Funerals in Ghanaian Communities?
This article critiques the dissonance between Ghana's evolving nuclear family dynamics and outdated customary laws governing funerals and inheritance. It advocates for legislative reform to grant nuclear families legal authority over burial...
Afia Serwah Asare-Botwe
Opinion
Trial In Absentia And Legal Implications Of Sentences Imposed On Absconding Offenders Under Ghanaian Law
"If Sedina Christine Tamakloe Attionu is able to escape for the next ten years, her sentence would elapse and she cannot be punished again to serve another jail term for the same offence." Find out why!
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
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
Revocation of L.I on Mining in Forest Reserves: What is the Role of Parliament?
This article discusses the revocation process of Legislative Instruments (L.I.s) in Ghana, focusing on the limited role of Parliament in this process. Drawing from Supreme Court rulings, it argues that Parliament's involvement is constraine...
Clement Kojo Akapame
Opinion
Medical Victims Compensation ‘Wahala’: The Role of the Law
This article highlights the lack of statutory frameworks for compensating victims of medical negligence in Ghana, emphasizing the reliance on the outdated Bolam rule. The author proposes a no-fault compensation model, similar to Ghana's Mot...
Isaac Ofori Gyeabour, 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
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
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
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
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