Results for "DeGraft Osei Kwame"
32 results.
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
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng Esq.
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
Beyond The Land Act: Uncovering The Missing Pieces In Ghana’s Land Governance Framework
This article argues that while Ghana’s Land Act, 2020 is comprehensive, effective land governance depends on recognizing and integrating a wider set of related laws. Justice Alexander Osei Tutu examines over 30 enactments that, although not...
Justice Alexander Osei Tutu
Opinion
Proprietary Estoppel and Adverse Possession: A Struggle Between Fairness and Legalized Theft
This article examines the legal doctrines of proprietary estoppel and adverse possession, contrasting their implications for fairness and property rights. Proprietary estoppel protects individuals who rely on an owner's promise, while adver...
Derick Adu-Gyamfi
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
Presumption of Innocence Undermined: How Ghana’s 2018 Criminal Disclosure Regime Violates The Rights To Silence And Innocence; A Case For A Two-Phased Case Management Regime in Criminal Trials
This article argues that Ghana’s 2018 Criminal Disclosure and Case Management Practice Directions, though aimed at efficiency, fundamentally undermine the presumption of innocence and the right to silence by compelling premature defence dis...
Sedinam Awo Kwadam
Opinion
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
The article examines how Ghana’s Land Act, 2020 (Act 1036) expressly recognizes acquisitions under customary law as a source of “good title,” restoring legal certainty to oral customary grants that had been treated inconsistently under earl...
Justice Alexander Osei Tutu
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
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
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
The article asserts that Ghana's Land Act, 2020 (Act 1036) reinstates customary law acquisitions as valid sources of "good title" to land, correcting prior statutory exclusions. This shift legitimizes oral land grants and strengthens the le...
Justice Alexander Osei Tutu
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
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
The departure which must itself be departed from-Comment on the Supreme Court Decision of GHANA TELECOMMUNICATIONS CO. LTD & ANOR v ATTA VI.
This writer submits that the Ogyeadom case could never, as perceived by the Court, have settled the question whether or not the Court is jurisdictionally competent to entertain and grant an application for stay of execution pending the dete...
Thaddeus Sory
Opinion
Judicial review gets a shot in the arm in Ex parte Hoda Holdings Ltd.
This article discusses the decision in Ex parte Hoda Holdings Ltd and posits that, the decision is the latest refreshing ‘treatise’ on the concept of judicial review in Ghana
Francisca Serwaa Boateng
Opinion
When long possession can ripen into ownership
Not too long ago, there was an information on social media, particularly on Whatsapp platforms to the effect that, if you put a caretaker on your land, he takes ownership of the land after being in possession for ten (10) years. Read Justic...
Justice Alexander Osei Tutu
Opinion
Does A Poisonous Mango Tree Necessarily Bear Poisoned Mangoes?: The “Fruit of the Poisonous Tree” Doctrine’s Applicability in Ghanaian Evidence Law
The article examines the “fruit of the poisonous tree” doctrine and how Ghanaian courts deal with evidence obtained through unlawful or unconstitutional means. It explains that, following Raphael Cubagee v Michael Yeboah Asare & Others, Gha...
HH Malcolm Bedzrah
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