Results for "Samuel Afotey Otu"
21 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
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 Decline of Allodial Title in Ghana
The article retraces the circumstances that have contributed to the decline of allodial interests/titles in Ghana's land law, including provisions in law that have contributed to this realization
Justice Alexander Osei Tutu
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
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
Rethinking Malicious Prosecution; A Discussion on the Tort of Malicious Prosecution within the Constitutional Framework of Ghana.
The article argues that the tort of malicious prosecution, as received under common law, is problematic in present-day Ghana under Article 88. The author suggests that the proper defendant in such cases should be the Attorney General, who i...
Reindorf Twumasi Ankrah, Esq.
Opinion
Blue Law: An Insight
The interesting subject of Blue laws is the focus of this article, including its applications in Ghanaian law
Justice Alexander Osei Tutu
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
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
Conviction and Sentence in Absentia; Effective Date Of Sentence, Settling The Uncertainty; The Case Of Sedina Tamakloe-Attionu, Former Masloc CEO
The article examines whether a sentence imposed in absentia begins from the date it is pronounced or from when the convicted person is brought into custody. Using the Sedina Tamakloe-Attionu case, the author argues that a purposive reading...
Frederick Gurah Sampson
Opinion
Fidelity to the Law or to the Public: Patricia Asieduwaa v The Republic, A Test Case for Judicial Independence in Ghana
This article argues that judicial independence requires unwavering fidelity to the law rather than public sentiment, especially in high-profile criminal cases. It defends the appellate reduction of Patricia Asieduwaa’s sentence as legally s...
Albert Gyamfi Esq.
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
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
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
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
Who Owns Copyright Over ‘Defe Defe’?
The article discusses the complexities of copyright protection in Ghana, focusing on originality and infringement in musical works. It emphasizes the importance of balancing copyright protection with the need to promote creativity and publi...
Dr Doreen Adoma Agyei (IP Lecturer, Faculty of Law KNUST) & Joseph Kelvin Edem Boso (Legal Researcher, Academic Writer, Music Producer and Freelance Writer)
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