Results for "Sir Justice Arku Korsah"
121 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
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
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
‘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
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
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
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
Freedom of expression: A driver for all Human Rights for Ghana's development
Delivered by Justice Sir Dennis Dominic Adjei to the Ghana Journalists Association on Wednesday 3rd May, 2023
JUSTICE DENNIS ADJEI
Opinion
Ghana Is Punishing Speech with a Law from 1839
The article argues that Ghana’s continued use of criminal offences such as “offensive conduct” and “publication of false news” undermines constitutional free speech protections and revives colonial-era tools of speech control. It also criti...
Martin Waana-Ang
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
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
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
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
Book review: The treasures in “Critical And Biographical Essays Of Nana S.K.B. Asante"
This write-up unveils the treasures in “Critical And Biographical Essays Of Nana S.K.B. Asante: From An African Village To The Global Village And Back”, with the hope of inspiring greater reading of the book and conversation on the many ide...
DL News
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
Covid-19, Legal Practice and its implications for Judicial Decision-making
The venerable Justice Sir Dennis Adjei considers the implications of the COVID-19 on judicial decision making in Ghana. What has changed and what new things can we expect?
JUSTICE DENNIS ADJEI
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