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 "dismissed repeat application"
107 results.
Opinion
Assessing The “MahamaCare” Policy: A Mirage or a Reality Towards Achieving a Universal Access to Healthcare in Ghana
The article critically evaluates Ghana’s new “MahamaCares” health policy, exploring its potential to address chronic non-communicable diseases and achieve universal healthcare access. While well-intentioned, the policy's operational gaps, d...
Silas Udia Osabutey
Opinion
Incorporating Companies in Ghana: Legal Requirements for Companies Limited by Shares and Companies Limited by Guarantee
This article provides a detailed analysis of the legal and procedural framework for incorporating companies in Ghana, particularly companies limited by shares and by guarantee. It also examines foreign investment regulations, statutory requ...
Elizabeth Asantewaa Ofori and Rosebella Nueki Thompson
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lack of statutory frameworks for compensating victims of medical negligence in Ghana, emphasizing the reliance on the outdated Bolam rule.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
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
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
Summary Judgment: A Cliche in summary disposal of cases in liquidated claims
Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary pleadings, hearing evidence of witnesses and addresses by counsel thereafter before the court’s judgment...
Derick Adu-Gyamfi
Opinion
The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court: Ex Parte Opuni (No. 2)
The author asks, among other things, if a High Court must follow a decision of a higher court at all costs under the doctrine of stare decisis. See more in this article.
Francisca Serwaa Boateng
Opinion
Of stunted growth, stretch marks and ‘K’ legs: The unlawful personal qualification criteria of Ghana Immigration Service
The author recounts the long queues and other forms of discomfort that characterized the recruitment processes by the Ghana Immigration Service recently and advocates for a refund of the monies paid by applicants who weren't selected
Francisca Serwaa Boateng
Opinion
Does A Poisonous Mango Tree Necessarily Bear Poisoned Mangoes?: The “Fruit of the Poisonous Tree” Doctrine’s Applicability in Ghanaian Evidence Law
The article examines the “fruit of the poisonous tree” doctrine and how Ghanaian courts deal with evidence obtained through unlawful or unconstitutional means. It explains that, following Raphael Cubagee v Michael Yeboah Asare & Others, Gha...
HH Malcolm Bedzrah
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
Contemplating Appeal of Widow Wars: Can Daddy Lumba’s Legendary Love Story Survive the Courtroom? A Comprehensive Analysis of the High Court Judgment in Suit No. GJ12202026
The High Court judgment in Suit No. GJ12202026 upheld the validity of a customary marriage over a contested foreign civil marriage, emphasizing evidentiary shortcomings in proving the latter. The article evaluates the court’s reasoning and...
Kofi Annan
Opinion
From Courtrooms to Conscience: Reflecting on Saint Alphonsus Liguori as Ghanaian Lawyers Pause (Legal Vacation)
This reflective piece explores the profound alignment between Ghana’s legal vacation and the Memorial of Saint Alphonsus Liguori, the lawyer-turned-saint whose journey from courtrooms to priesthood offers timeless lessons in humility, justi...
Kofi Annan
Opinion
Copyright permissions granted libraries in Ghana: An exposition of Section 21 of the Copyright Act 2005 (Act 690)
Libraries are of utmost importance in our society. Its impact causes a ripple effect across generations and therefore a needed resource in our communities. However, in light of benefitting from the resources of the library, there is the nee...
Anita Natekie Nartey
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
Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited
This article examines judicial review of administrative actions in Ghana, focusing on the cases Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited. It analyzes the distinction between the High Court's supervisory and judicial revie...
Kenneth Atsu Dogbey & Martin Waana-Ang
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
Judicial review gets a shot in the arm in Ex parte Hoda Holdings Ltd.
This article discusses the decision in Ex parte Hoda Holdings Ltd and posits that, the decision is the latest refreshing ‘treatise’ on the concept of judicial review in Ghana
Francisca Serwaa Boateng
Opinion
Exposition of the current position of the law on corruption, anti-money laundering and narcotics
Presentation at the Association of Magistrates and Judges Conference on 29th September, 2021 by Justice Dennis Adjei
JUSTICE DENNIS ADJEI