Opinion
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
Justice Alexander Osei Tutu
Results for "Capacity to Litigate"
61 results.
Opinion
Right to Sue on Behalf of the Family: Settled Principles & Unsettling Surprises
Justice Alexander Osei Tutu
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
Sedinam Awo Kwadam and Kwadwo Owusu-Ansah
Opinion
Invoking the Supervisory Jurisdiction of the Supreme Court of Ghana. The Case of a Meddlesome Interloper (Busybody)
The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS S...
Kwame Richard Klu and Kwame Yaro Appiah
Opinion
Under the Gavel: Assessing the Impact of the Supreme Court’s Decision in Rockson-Nelson Dafeamekpor Vs Attorney-General Writ No J1/19/2023
This article critiques the Supreme Court's decision in Rockson-Nelson Dafeamekpor vs. Attorney-General, which addressed the President's directive allowing Metropolitan, Municipal, and District Chief Executives (MMDCEs) to remain in office i...
Nii Kpakpo Samoa Addo Esq
Opinion
Land Management as a component of Sustainable Development: The role of traditional leadership in the Kumasi Traditional Area
A lecture delivered at the KNUST Law Faculty on 23rd March, 2023
Mariam Agyeman Gyasi Jawhary
Opinion
Locus Standi of a Stranger to a Judgment; Analysis on the Decisions in Jacques v Harrison, Gbagbo v Owusu & Lamptey v Hammond
In this paper the author delves among others, into various cases and examines how a person can acquire locus standi to fall into the rule in Lamptey v Hammond.
Derick Adu-Gyamfi, Esq.
Opinion
Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities
This article argues that whilst Ghana’s statutory criminal law (via the Criminal Offences Act 1960 (Act 29) governs codified offences, it fails to formally recognise many customary offences and sanctions entrenched in Ghanaian communities....
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng Esq.
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
Beyond Rhetoric: Advancing Economic, Social, and Cultural Rights Protection in Ghana: A Case Study of Child Rights International v. The Attorney-General and Its Implications
This article examines the Supreme Court of Ghana's decision in Child Rights International v. Attorney-General, focusing on its implications for enforcing Economic, Social, and Cultural Rights (ESCRs). The paper explores the importance of st...
Kenneth Atsu Dogbey & Martin Waana-Ang
Opinion
Customary Succession and the Inheritance Rights of Women: The Case of Odamtten & Others v. Wuta-Ofei & Ors.
The author evaluates the decision of the Supreme Court of Ghana in the case of Odamtten & others v. Wuta-Ofei & Ors, with respect to the application of the rule of customary law applicable in patrilineal communities
Kwame Adusei
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
Opinion
Refined Justice for All
The article examines the Justice for All Programme at Kumasi Central Prison in 2025 as a practical justice-sector intervention that brings courts into prison settings to review remand cases, grant or vary bail, and reduce prolonged pre-tria...
Emmanuel Brobbey
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
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
The Rebirth of Legal Education in Ghana: Understanding The Legal Education Act, 2026 (Act 1170)
The article argues that Ghana’s Legal Education Act, 2026 (Act 1170) marks a major transformation of legal education by expanding access, modernising governance, and strengthening professional training standards. It presents the Act as the...
Sedinam Awo Kwadam
Opinion
Therapeutic Exception: The Doctor’s Veto in a Legal Dilemma
This article explores the concept of therapeutic exception, examining whether a surgeon is liable for not disclosing a 1% risk of partial paralysis to a patient who later experienced this outcome post-surgery. It contrasts the legal perspec...
Isaac Ofori Gyeabour, Esq
Opinion
Better off divorced than widowed?
The author discusses whether or not women are better off divorced with regard to their access to spousal property during the dissolution of the marriage compared to what pertains upon the death of a husband intestate given the current appli...
Afia Serwah Asare-Botwe
Opinion
The cabotage regime: Any lessons for Ghana?
The author urges Ghana to take lessons and strategic considerations in passing a Cabotage regime that is progressive, practical and with some degree of liberalisation. Find out why.
Chief Obosu Mohammed