General
Constitution Week celebration :NCCE urges Ghana first attitude
The National Commission for Civic Education (NCCE) has reiterated the need for Ghanaians to put Ghana first in all their endeavours.
DL News
Results for "Supreme court"
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General
Achimota Sch. rules can’t override constitution; Rasta kids must be admitted – Ras Mubarak
A former Member of Parliament for Kumbungu, Ras Mubarak has berated authorities of the Achimota School for denying two students admission into the prestigious school due to their dreadlocks.
DL News
Opinion
Fixing of dates for hearing applications (Generally) in the Supreme Court - What have we fixed?
It has always been the established practice of the courts that dates for hearing applications are fixed by the respective Registrars of the courts in the registries in which the applications are filed. This is done at the time of filing suc...
Thaddeus Sory, Esq.
Opinion
When the Clock Trumps the Merits: A Critical Examination of the Supreme Court's Decision In Ex Parte Nyindam and Its Implications for Democratic Governance
The article critiques the Supreme Court’s decision in Ex parte Mathew Nyindam, which quashed the Kpandai election-petition judgment because the petition was filed outside the mandatory 21-day statutory period. It argues that the Court eleva...
Nii Kpakpo Samoa Addo
Opinion
Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A missed opportunity to strengthen public financial management
The author examines the Court’s decision in Klomega and its implications for public financial management and accountability.
Nicholas Opoku
Opinion
Entrapment in Investigative Journalism, Uncovering the Truth or Distorting Reality? - A Case Study of His Lordship Justice Paul Uuter Dery & 2 ors vrs The Republic of Ghana Suit No: ECW/CCJ/APP/42/16 (Ecowas Community Court of Justice)
This article critically examines the ethical and legal implications of using entrapment in investigative journalism, focusing on a case involving Ghanaian judges accused of corruption following an undercover investigation by journalist Anas...
Nii Kpakpo Samoa Addo 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
The Maze of Complexity: Unravelling the Knots of Judicial Discretion in Re Republic vrs. Speaker of Parliament and Attorney General, Ex Parte: Rockson-Nelson Etse K. Dafeamekpor Suit No. GJ/0560/2024.
The article critiques the High Court's refusal to grant a mandamus order compelling the President of Ghana to act on the Human Sexual Rights and Family Values Bill, despite its passage in Parliament. The court's decision is argued to be pre...
Nii Kpakpo Samoa Addo 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
The Intricacies of Hearsay Evidence: A Legal Conundrum
The article critiques the complex application of the hearsay rule in Ghanaian law despite statutory reforms under the Evidence Act, 1975 (NRCD 323). It argues that the trial judge in the Opuni case misapplied the law by relying on an inappl...
Derick Adu-Gyamfi
Opinion
Arguing points of law under the omnibus ground of appeal; The decision in Owusu Domena v Amoah
"The omnibus ground of appeal is the oft-quoted “the judgment is against the weight of evidence”... Discover the reasons advanced for why this may lead to delays in the process
Derick Adu-Gyamfi
Opinion
Conviction and Sentence in Absentia; Effective Date Of Sentence, Settling The Uncertainty; The Case Of Sedina Tamakloe-Attionu, Former Masloc CEO
The article examines whether a sentence imposed in absentia begins from the date it is pronounced or from when the convicted person is brought into custody. Using the Sedina Tamakloe-Attionu case, the author argues that a purposive reading...
Frederick Gurah Sampson
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
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
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
The Propriety or Otherwise Of Order 73 Of CI 47 in Light of Ex Parte PPE Ltd & Paul Juric and Martin Kpebu (No.1)
This article evaluates Order 73 of CI 47 in the context of Ghana's 1992 Constitution, focusing on its implications for personal liberty under Article 14(1)(c). It argues that Order 73's allowance for civil defendants' arrest conflicts with...
Her Honour Sedinam Awo Kwadam & Emmanuel Babuboa
Opinion
“Agent For Plaintiff”: A Fatal Misnomer; Why Ghanaian Lawyers Are Unwittingly Forfeiting Their Protections Through the Misdescription of Counsel in Ghanaian Civil Procedure: An Analysis of the Doctrine of Solicitor-Solicitor Agency vs. Lawyer-Client Reality
The article argues that endorsing a writ with “Agent for Plaintiff” wrongly treats the lawyer-client relationship as an agency relationship, whereas Order 2 rule 5(1)(b) of C.I. 47 concerns one lawyer acting as agent for another lawyer. It...
Sedinam Awo Kwadam and Kwadwo Owusu-Ansah
Opinion
A Separate Economic Life in Marriage
The Supreme Court of Ghana has clarified that spouses can maintain separate economic lives during marriage and that property acquired during marriage is no longer presumed to be jointly owned. This marks a significant departure from previou...
Kwame Boafo Akuffo Esq
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
The Death of a Profession?
Following the Chief Justice's decision to refer Dr. Dominic Ayine to the General Legal Council over his comments in the aftermath of the Election Petition, the author explores the implications for the legal system and the freedom with which...
Francisca Serwaa Boateng