Results for "E-levy suit"
63 results.
Opinion
The Ineffectiveness of Criminal Prosecution in Tax Recovery in Ghana: Insights from the Case of The Republic v. Warren Oil Company Limited
Rebecca Eduafo-Abraham, Esq.
Opinion
Default Judgment and the Doctrine of Estoppel Per Rem Judicata; A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Default judgement is an interlocutory application. It is not a final judgement in its strict sense. Any anything default is not final in a legal sense. Res judicata on the other hand is mostly applied when decisions of the courts are final....
Derick Adu-Gyamfi
Opinion
The Propriety or Otherwise Of Order 73 Of CI 47 in Light of Ex Parte PPE Ltd & Paul Juric and Martin Kpebu (No.1)
This article evaluates Order 73 of CI 47 in the context of Ghana's 1992 Constitution, focusing on its implications for personal liberty under Article 14(1)(c). It argues that Order 73's allowance for civil defendants' arrest conflicts with...
Her Honour Sedinam Awo Kwadam & Emmanuel Babuboa
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
Section 2A of the Income Tax Act, 2015 (Act 896) of Ghana (As Amended): A Drafting Error or a Case for the Exercise of Discretion?
"The author of this Article is of the considered opinion that Parliament intended to use the word “shall” in section 2A (1) of Act 896 (as Amended) and that the word “may” was used in error."
Charles Acquah
Opinion
Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection
The author in this article examines some recent events, the historical or constitutional basis for why Ghana's President is exempted from paying taxes on his salary and explores the need to rethink this position of the law
Frederick Gurah Sampson
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
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
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
In this article, the author examines the exceptions to the principle that the power to alienate property is linked with the capacity to litigate. By exploring various legal cases and statutory provisions, the author demonstrates that these...
Justice Alexander Osei Tutu
Opinion
Right to Sue on Behalf of the Family: Settled Principles & Unsettling Surprises
The article discusses the legal principle in Ghana concerning the capacity of family members to sue and be sued regarding family property. It examines historical and modern interpretations, significant case law, and statutory provisions.
Justice Alexander Osei Tutu
Opinion
Change of representation: The law and its implication
A party that acts by a lawyer may change its representation during the trial. However, this can only be done by strict compliance with certain mandatory requirements outlined in both the C.I. 47 and Act 32. The author discusses these requir...
Noah Ephraem Tetteh Adamtey
Opinion
12 Strategies to Becoming the Happiest Lawyer Alive
The author shares twelve critical insights for young lawyers on how to experience the most satisfaction in the profession
Francisca Serwaa Boateng
Opinion
Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana
The author argues in this article that joinder of a juristic person is wrong in law and should not be countenanced. Do you disagree with his reasoning?
Derick Adu-Gyamfi
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
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
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
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