Results for "Francis Kwarteng Arthur"
21 results.
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
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
Copyright permissions granted libraries in Ghana: An exposition of Section 21 of the Copyright Act 2005 (Act 690)
Libraries are of utmost importance in our society. Its impact causes a ripple effect across generations and therefore a needed resource in our communities. However, in light of benefitting from the resources of the library, there is the nee...
Anita Natekie Nartey
Opinion
The Legal Effect of ‘Solicitor’s Representative' signing Writ of Summons to commence an action under the District Court Rules
The Author examines the legal effect of Order 2 rule (3)(2)(a) & (b) of the District Court Rules to the extent that it permits a Solicitor’s representative to sign a writ of summons to commence an action at the District Court.
John Kwesi Hagan Jnr. Esq
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
Opinion
‘Robo-Justice’: A Critical Examination of Artificial Intelligence (AI) Adoption in Ghana’s Legal System
The article explores how AI is reshaping Ghana's legal system, emphasizing both its efficiency benefits and the ethical and procedural risks it poses. It concludes that while AI can aid legal processes, it cannot replace human judgment, and...
Elizabeth Asantewaa Ofori and Goodnuff Appiah Larbi
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
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
The Ineffectiveness of Criminal Prosecution in Tax Recovery in Ghana: Insights from the Case of The Republic v. Warren Oil Company Limited
This article examines the limitations of criminal prosecution in recovering unpaid taxes in Ghana, using the case of The Republic v. Warren Oil Company Limited as a focal point. It argues that the punitive measures in the Revenue Administra...
Rebecca Eduafo-Abraham, Esq.
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
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
Wombs for Rent: The Ethics of Commercial Surrogacy
This article explores the ethical, legal, and cultural tensions surrounding commercial surrogacy in Ghana, emphasizing the need for comprehensive legislation. It compares international regulatory models and debates the merits and risks of c...
Joyann Obeng and Lais Pinheiro
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
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
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
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