Opinion
Allodial interest under the Land Act, 2020: Some thoughts
The article discusses the position and seeming challenges with allodial interests under Ghana's Land Act, 2020
Justice Alexander Osei Tutu
Results for "Kisumu Court of Appeal"
170 results.
Opinion
Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities
This article argues that whilst Ghana’s statutory criminal law (via the Criminal Offences Act 1960 (Act 29) governs codified offences, it fails to formally recognise many customary offences and sanctions entrenched in Ghanaian communities....
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng 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
The Land Act: A Model For Integration Of Customary Law Into A Modern Legislation
Ghana’s Land Act, 2020 exemplifies a landmark effort to integrate customary law into modern statutory land governance by codifying indigenous principles, promoting fiduciary accountability, and ensuring legal recognition of customary intere...
Justice Alexander Osei Tutu
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
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
The Pretrial Detainee in Ghanaian Civil Litigation: A Constitutional and International Human Rights Appraisal of Order 73 Of C.I. 47 and Order 12 of C.I. 59; A Case for the Expungement of Absconding Warrants from Ghanaian Civil Procedure
This article argues that Ghana's civil procedure rules—specifically Order 73 of C.I. 47 and Order 12 of C.I. 59—violate constitutional and international human rights by allowing pretrial detention of civil defendants based solely on unprove...
Sedinam Awo Kwadam
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
Review of the Supreme Court’s Ruling to halt the Ruling of the Speaker of Parliament: Does it amount to an unconstitutional usurpation of Parliamentary Powers by the Supreme Court of Ghana?
The article critiques the Supreme Court of Ghana's decision to suspend the Speaker of Parliament's ruling on vacant parliamentary seats, arguing that it amounts to an unconstitutional usurpation of Parliament's powers. The author contends t...
Joseph Kwaku Asamoah, PhD.
Opinion
Execution of shares in Ghana: A Practitioner’s Guide
This Article discusses the process of execution of shares in Ghana vis-à-vis the possibility of such process being hindered by an express restriction in the constitution of a private company
Reginald Nii Odoi
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
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
Better off divorced than widowed?
The author discusses whether or not women are better off divorced with regard to their access to spousal property during the dissolution of the marriage compared to what pertains upon the death of a husband intestate given the current appli...
Afia Serwah Asare-Botwe
Opinion
ADR for ‘Galamsey’: A curious proposition?
This article gives an overview and explores the use of ADR in settling disputes. In particular, the article discusses the suggestion that has been made recently, proposing the use of ADR to handle ‘galamsey’ cases.
Francisca Serwaa Boateng
Opinion
The Nexus Between Law and Patient Safety in Ghana
The paper explores how Ghana’s legal system can better support patient safety by addressing medical negligence through tort law, proposing a dedicated Patient Safety Act. It highlights litigation challenges and calls for reforms to create a...
Dr. Richmond Osei-Hwere
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
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
Confession Statements: A Quick Look at the Law and Practice
One of the most jealously guarded rights that is guaranteed to an accused person is the right against self-incrimination. It is one of the first things every accused person hears about immediately he is arrested.
HH Malcolm Bedzrah
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 Law 101 – Plea Deals: Justice made swifter and surer
The article explains that plea bargaining is a lawful, regulated, and long-recognised feature of Ghana’s criminal justice system, strengthened by Act 1079 to promote faster justice, restitution, accountability, and judicial oversight.
Samson Lardy Anyenini