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
Results for "Trial in absentia"
1530 results.
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
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
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This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights.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
Accuser, Judge and Executioner: How Ghana’s Superior Courts Breach ‘Nemo Judex In Causa Sua’ in Contempt Adjudications; A Wakeup Call for Comprehensive Procedural Rules to Guide Contempt Proceedings
This article critiques the practice in Ghana's Superior Courts where Justices adjudicate contempt cases arising from their own proceedings, violating the rule of nemo judex in causa sua. It advocates for urgent procedural reforms to ensure...
Sedinam Awo Kwadam
Opinion
Rethinking Malicious Prosecution; A Discussion on the Tort of Malicious Prosecution within the Constitutional Framework of Ghana.
The article argues that the tort of malicious prosecution, as received under common law, is problematic in present-day Ghana under Article 88. The author suggests that the proper defendant in such cases should be the Attorney General, who i...
Reindorf Twumasi Ankrah, Esq.
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
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
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
He who alleges must prove
I keep reading this argument that because article 64 proceedings are ‘SUI GENERIS,’ (to wit of its own kind; unique) somehow, known rule of evidence do not or should not apply, and that the common law-based adversarial system of justice sho...
ghanaweb.com
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
Navigating An Application For Letters Of Administration: A Practical Guide for the Lawyer and the Judge from First Instructions to the Final Administration of the Estate
The article provides a practical guide to applications for Letters of Administration in Ghana, covering the lawyer’s duties in investigating the deceased’s family, assets, liabilities and entitlement to administer the estate. It also explai...
HH Malcolm Bedzrah
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
The Lawyer’s Trial: Why “Lawyer Shaming” Reveals More About Them Than About You
The article argues that “lawyer shaming” is less a valid criticism of the legal profession and more a reflection of insecurity, admiration, and misunderstanding on the part of critics. It defends the dignity of legal practice by highlightin...
Sedinam Awo Kwadam
Opinion
Constitution Day: Why 7th January Must Always Matter
Constitution Day is not just a holiday—it symbolizes Ghana’s commitment to democratic governance, rule of law, and constitutional continuity. The article urges citizens and institutions to defend the Constitution through everyday accountabi...
Kow Abaka Essuman
Opinion
Realizing A Mortgaged Property without a Mortgage Deed – Insights from the Borrowers & Lenders Act, 2020
This article examines whether a lender can realize mortgaged property under the Borrowers and Lenders Act, 2020 without executing a new mortgage deed for each facility. It highlights that a valid registered security, even without a fresh de...
Hassan S. Diabate
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
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 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
Beyond ‘Penile Penetration’: Assessing Ghana’s Antiquated Definition of ‘Rape’ Through the Lens of the Rome Statute of the ICC; An Urgent Call For A Comprehensive Sexual Offences Act to Modernize Sexual Offences in Ghana.
This article critiques Ghana’s narrow, outdated legal definition of rape, restricted to penile vaginal penetration, and advocates for reform aligned with the Rome Statute’s broader, consent-focused standard. Drawing on comparative law and i...
Sedinam Awo Kwadam