Opinion
Freedom of expression: A driver for all Human Rights for Ghana's development
Delivered by Justice Sir Dennis Dominic Adjei to the Ghana Journalists Association on Wednesday 3rd May, 2023
JUSTICE DENNIS ADJEI
Results for "joinder of a juristic person"
1507 results.
Opinion
The Decline of Allodial Title in Ghana
The article retraces the circumstances that have contributed to the decline of allodial interests/titles in Ghana's land law, including provisions in law that have contributed to this realization
Justice Alexander Osei Tutu
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
Intestate Succession in Ghana: How PNDCL 111 Shapes Families After Death
The article examines how Ghana’s Intestate Succession Law, 1985 (PNDCL 111) protects spouses and children while exposing ongoing challenges in modern family structures, estate administration, and succession disputes. It ultimately argues th...
Naa Awura Dede Osabutey
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 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
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
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
An Examination of the Scope of the Supervisory Jurisdiction of the High Court of Ghana
The article examines the supervisory jurisdiction of the High Court of Ghana under the 1992 Constitution, highlighting two contradictory Supreme Court decisions on the matter. It argues for the court's unfettered supervisory powers and urge...
Simon Okyere, Esq.
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
The Role of a Criminal Case Complainant in Ghana
From the genesis of the modern state, the prosecution of an accused person has been the preserve of the State and not the victim or complainant. This is because crime is considered a wrong or injury against the State as a whole.Thus, compla...
Selasi Kuwornu
Opinion
Ghana Is Punishing Speech with a Law from 1839
The article argues that Ghana’s continued use of criminal offences such as “offensive conduct” and “publication of false news” undermines constitutional free speech protections and revives colonial-era tools of speech control. It also criti...
Martin Waana-Ang
Opinion
‘Article 71’ Office Holders and Retiring Emoluments, When Ex Gratia Meets Nemo Dat Quod Non Habet, Russia-Ukraine War, and during Debt Exchange – Reflections of a Citizen, Not a Spectator!!!
The article explores the subject of ex gratia paid to Article 71 office holders and questions its relevance under Ghana's socioeconomic situation and the legal principle of Nemo Dat Quod Non Habet
Frederick Gurah Sampson
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
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 Circuit Court’s Jurisdiction in Ghanaian Land Disputes: A Jurisdiction at Large
This paper examines the misconception that the Circuit Court in Ghana is limited by a GHC 2,000,000 jurisdictional cap in land disputes. Through legal analysis, it argues that the Circuit Court’s jurisdiction in land matters—regarding owner...
Her Honour Judge Sedinam Awo Kwadam (Mrs.)
Opinion
Of language and Copyright: Defe Defe, Pasaa, Pasaa, Doso, Doso
This article critically examines the copyright dispute between Team Eternity and Kwame Mickey over a song’s chorus. It explores whether the phrase “Manhyia Nyame anka .. yay3/abonsam /ay3 defe defe” is copyrightable and if the similarities...
Samuel Appiah Darko
Opinion
Blue Law: An Insight
The interesting subject of Blue laws is the focus of this article, including its applications in Ghanaian law
Justice Alexander Osei Tutu
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
Evaluation of the Efficacy of the Corporate Insolvency and Restructuring Act 2020 (Act 1015) of Ghana: A Comparative Analysis with the Insolvency Legal Framework of the United Kingdom (Part I)
The article examines Ghana’s Corporate Insolvency and Restructuring Act, 2020 (Act 1015), comparing its corporate rescue and insolvency mechanisms with those of the United Kingdom. It highlights Ghana’s progress towards a rescue-oriented fr...
Jennifer Abena Dadzie