Results for "Judgment"
80 results.
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
Frederick Gurah Sampson
Opinion
Execution of shares in Ghana: A Practitioner’s Guide
This Article discusses the process of execution of shares in Ghana vis-à-vis the possibility of such process being hindered by an express restriction in the constitution of a private company
Reginald Nii Odoi
Opinion
Arguing points of law under the omnibus ground of appeal; The decision in Owusu Domena v Amoah
"The omnibus ground of appeal is the oft-quoted “the judgment is against the weight of evidence”... Discover the reasons advanced for why this may lead to delays in the process
Derick Adu-Gyamfi
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 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 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
When the Machine Knows the Law: Artificial Intelligence, Superintelligence and the Future of Lawyers and Judges in Ghana
This article examines how artificial intelligence could transform Ghana’s legal profession and judiciary, particularly legal practice, employment, judicial decision-making and access to justice. It advocates responsible AI integration while...
HH Malcolm Bedzrah
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
Unmasking the Scope of Jurisdiction of a Court and Avoiding Judicial Journalism – A Look at Anas A. Anas v Kennedy Agyapong
The article examines the scope of a court's jurisdiction and the limits of judicial commentary in the context of the Anas A. Anas v. Kennedy Agyapong case. It discusses whether a trial judge overstepped by making defamatory statements and c...
Bobby Banson
Opinion
Stay of Proceedings of A Case: A Legal Gymnastics Tool to Delay Proceedings Before a Trial Court?
The article explains that merely filing a repeat application for stay of proceedings, or an application for certiorari or prohibition, does not automatically halt proceedings before a trial court. A stay only arises where the trial or appel...
Francis Obiri
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
‘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
“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
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
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
The Judicial Powers of the Judicial Committee of a Traditional Council
This article examines the judicial powers of the Judicial Committee of a Traditional Council in Ghana, outlining its composition, jurisdiction, appointment process, and adjudicatory functions in chieftaincy disputes. It also discusses appea...
Richard Appiah Kubi
Opinion
Allodial interest under the Land Act, 2020: Some thoughts
The article discusses the position and seeming challenges with allodial interests under Ghana's Land Act, 2020
Justice Alexander Osei Tutu