Opinion
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
Justice Alexander Osei Tutu
Results for "Power to Alienate"
108 results.
Opinion
Beyond The Land Act: Uncovering The Missing Pieces In Ghana’s Land Governance Framework
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
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 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
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 Maze of Complexity: Unravelling the Knots of Judicial Discretion in Re Republic vrs. Speaker of Parliament and Attorney General, Ex Parte: Rockson-Nelson Etse K. Dafeamekpor Suit No. GJ/0560/2024.
The article critiques the High Court's refusal to grant a mandamus order compelling the President of Ghana to act on the Human Sexual Rights and Family Values Bill, despite its passage in Parliament. The court's decision is argued to be pre...
Nii Kpakpo Samoa Addo ESQ.
Opinion
The Cannabis Case: An Unnecessary Intrusion into Parliament’s Legislative Powers?
The Supreme Court has had the occasion to review the law-making powers of Parliament in both substantive and procedural respects relating to the use of cannabis. The writers seek, in this article, to share their views on the Cannabis Case a...
Benjamin Tachie Antiedu and Goodnuff Appiah Larbi
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
Beyond the "Koo Kaa": Safeguarding Ghana's forest reserves
The article intends to ensure that beyond the discussions and debates on the degazetting of portions of the Achimota Forest, concrete steps are taken at clarifying the legislative framework for the management and utilisation of forest resou...
Clement Kojo Akapame
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
Legal Vacation Without ‘Vacation.’; The Plight of ‘ORAL ’ Lawyers and the Infringed Rights of the Accused?
The article examines the controversy over substantive criminal trials continuing during Ghana’s legal vacation, particularly where defence lawyers have indicated that they are unavailable. It argues that although the Chief Justice has autho...
Frederick Gurah Sampson
Opinion
Revocation of L.I on Mining in Forest Reserves: What is the Role of Parliament?
This article discusses the revocation process of Legislative Instruments (L.I.s) in Ghana, focusing on the limited role of Parliament in this process. Drawing from Supreme Court rulings, it argues that Parliament's involvement is constraine...
Clement Kojo Akapame
Opinion
Constitution Day: Why 7th January Must Always Matter
Constitution Day is not just a holiday—it symbolizes Ghana’s commitment to democratic governance, rule of law, and constitutional continuity. The article urges citizens and institutions to defend the Constitution through everyday accountabi...
Kow Abaka Essuman
Opinion
Review of the Supreme Court’s Ruling to halt the Ruling of the Speaker of Parliament: Does it amount to an unconstitutional usurpation of Parliamentary Powers by the Supreme Court of Ghana?
The article critiques the Supreme Court of Ghana's decision to suspend the Speaker of Parliament's ruling on vacant parliamentary seats, arguing that it amounts to an unconstitutional usurpation of Parliament's powers. The author contends t...
Joseph Kwaku Asamoah, PhD.
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
Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited
This article examines judicial review of administrative actions in Ghana, focusing on the cases Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited. It analyzes the distinction between the High Court's supervisory and judicial revie...
Kenneth Atsu Dogbey & Martin Waana-Ang
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.