Opinion
Raising Legal Objections and the Role of the Judge
The author, a Circuit Court Judge, Ofaakor expertly discusses the matter of Objections raised in courts and offers practical insights for Judges to observe
H.H Malcolm, Ewoenam Bedzrah Esq.
Results for "Administrative action"
1802 results.
Opinion
Summary Judgments in Land Litigation; A ‘Quickie’ Path to Obtain Judgments? To Move or Not To Move, The Quagmire of the Practitioner?
The burden of the author in this article is to review the law on Summary Judgment, discuss the two opposing views of whether same can be granted in land matters or not, attempt to fill the vacuum and draw a conclusion that a party may not b...
Frederick Gurah Sampson
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 Harmonious Dance of Trade: Ghana's Urgent Call to Embrace the CISG and Unify the Rhythms of Commerce
Over four decades ago, Ghana signed the United Nations Convention on Contracts for the International Sale of Goods (CISG), a pivotal treaty that provides a standardized legal framework for cross-border transactions between parties from diff...
Joel Telfer Jnr
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
Of Section 315 (3) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30); Review of the Decision Of Augustine Yeboah vrs. Attorney-General, Dictum of Parker Yarney J.
The article reviews Augustine Yeboah v Attorney-General and examines when a prison sentence begins where a convicted person absconds before serving the sentence. It argues that the period spent at large must not count towards the sentence a...
Frederick Gurah Sampson
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
Platform liability: What streaming platforms and social media users need to know under Ghanaian law
Ghana’s Electronic Transactions Act protects social media and streaming platforms from liability when they act as neutral hosts for user-uploaded content. However, platforms may become liable when they commercially select, license, distribu...
David A. Asiedu and Ernest Kwadwo Kyere and Joseph K. Konadu
Opinion
Failure To File Affidavits in Opposition: Meaning and Effect
This article argues that failure to file an affidavit in opposition does not bar a party from responding to a motion on facts already on record, but only prevents the introduction of new facts. It clarifies that such failure amounts to admi...
Dr Justice Srem-Sai
Opinion
From Deforestation To Gas Flaring, Environmental Harm May Now Be Prosecuted As An International Crime By The ICC. Here’s What Ghana Needs To Know, And What We Can Do
The ICC’s new policy recognizes severe environmental destruction as a potential international crime, empowering countries like Ghana to prosecute such offenses. Ghana’s plan to establish specialized environmental courts showcases leadership...
Sedinam Awo Kwadam
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 Moral Nuances of Adverse Possession in Ghana
This article explores the complex moral, legal, religious, and philosophical debates surrounding adverse possession, emphasizing its declining social approval and relevance in Ghana’s modern property system. It calls for reform or abolition...
Justice Alexander Osei Tutu
Opinion
From Aspiration to Action: The Urgent Call to Enforce Ghana’s Socio-Economic Rights Historical context and international backgrounds
This article examines the legal and constitutional debate in Ghana over the justiciability of economic, social, and cultural rights under Chapter 6 of the 1992 Constitution. It argues that making these rights enforceable is essential to ful...
Asaanah Ronald Akunai
Opinion
To Plead Or Not To Plead Guilty? An Appraisal of Plea Bargaining In Ghana.
The article appraises plea bargaining in Ghana, focusing on its development under the Criminal and Other Offences Procedure Amendment Act 2022, Act 1079. It explains the types of plea bargaining, its historical context, and its implications...
Gloria Teye
Opinion
Access to Medical Folder ‘Brouhaha’: The Position of the Law
This article discusses the legal aspects of accessing medical records in Ghana, addressing questions of ownership, privacy, and patient rights. It emphasizes that patients have a right to access their medical records, despite hospitals ofte...
Isaac Gyeabour Ofori, Esq
Opinion
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
The paper interrogates the two positions and the recent attempt by the Apex Court to reconcile them. Was the Court able to rectify the ‘corrupted version’ of the estoppel per rem judicatam rule or just like Abedi Ayew, it is too late in the...
Justice Alexander Osei Tutu
Opinion
Navigating the Cyber Frontier: Safeguarding Our Digital World Amidst Technological Advancements
The author sheds light on the pressing need for vigilance and awareness in an era where the lines between the digital and physical worlds become increasingly indistinct
Nicolinn Nana Adjowa Kwaw
Opinion
Covid-19, Legal Practice and its implications for Judicial Decision-making
The venerable Justice Sir Dennis Adjei considers the implications of the COVID-19 on judicial decision making in Ghana. What has changed and what new things can we expect?
JUSTICE DENNIS ADJEI
Opinion
Re-thinking Section 98 of the Land Act, 2020
This paper considers the scope of section 98, the challenges the section poses and suggests an interpretation that the authors think gives effect to the likely intent of the lawmaker
Ewuradwoa Assaba Paintsil and Kwabena Adu-Kusi
Opinion
Parliamentary immunity: A ticket above the law?
The author wades into the debate on the implications of Articles 117 and 118 of the Constitution in light of recent events surrounding Madina MP, Hon. Francis-Xavier Sosu
Nick Opoku