Results for "business creditors"
75 results.
Opinion
Tear Them Down to Pieces: The Marriage Between Divorce and Corporate Insolvency
Samuel Alesu, Esq.
Opinion
ESG: The Ghana Perspective
This article discusses the Ghanaian perspective on ESG, including defining ESG, its difference from corporate governance, its relationship with sustainability, and the impact of not implementing ESG factors in Ghanaian business.
Ewurama Osam Tawiah and Lady-Ann Essuman and Verissa Odame-Koranteng
Opinion
Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A missed opportunity to strengthen public financial management
The author examines the Court’s decision in Klomega and its implications for public financial management and accountability.
Nicholas Opoku
Opinion
The five deadly sins of family business succession and how to avoid them
Family business succession is fraught with pitfalls that can lead to its downfall if not managed properly. The five deadly sins—lack of planning, favoritism, resistance to innovation, poor communication, and unprepared successors—must be co...
Kweku Wiafe and Theodore Albright
Opinion
Remedies Under Ghanaian Company Law: Addressing the Gap for Aggrieved Directors, Shareholders, and Secretaries
This article examines the deficiencies in Ghanaian company law regarding remedies for aggrieved directors, shareholders, and secretaries affected by unauthorized changes in company records. It highlights the lack of a non-judicial route for...
Anthony Danquah
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 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
Realizing A Mortgaged Property without a Mortgage Deed – Insights from the Borrowers & Lenders Act, 2020
This article examines whether a lender can realize mortgaged property under the Borrowers and Lenders Act, 2020 without executing a new mortgage deed for each facility. It highlights that a valid registered security, even without a fresh de...
Hassan S. Diabate
Opinion
Incorporating Companies in Ghana: Legal Requirements for Companies Limited by Shares and Companies Limited by Guarantee
This article provides a detailed analysis of the legal and procedural framework for incorporating companies in Ghana, particularly companies limited by shares and by guarantee. It also examines foreign investment regulations, statutory requ...
Elizabeth Asantewaa Ofori and Rosebella Nueki Thompson
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
Navigating An Application For Letters Of Administration: A Practical Guide for the Lawyer and the Judge from First Instructions to the Final Administration of the Estate
The article provides a practical guide to applications for Letters of Administration in Ghana, covering the lawyer’s duties in investigating the deceased’s family, assets, liabilities and entitlement to administer the estate. It also explai...
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
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
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
Commercial Leases & Rent Liabilities – Lessons from the COVID-19 Pandemic
The author takes a look at the concept of commercial leases, rent liabilities and the effects of Covid-19 on businesses operating from commercial properties and identifies some lessons for future commercial leases
Richard Nunekpeku
Opinion
“What Do You Bring to the Table?” - Rethinking Recruitment of a Pupil and/or Lawyer for a Law Firm
This article critiques the traditional legal recruitment model, urging firms to view candidates as strategic assets who offer more than just legal skills. It emphasizes the need for commercial awareness, emotional intelligence, and digital...
Dennis Adjei Dwomoh
Opinion
The appointment of Directors – The critical step towards the survival and growth of companies
The author evaluates the general legal qualification requirements for the appointment of directors and makes a case for the institutionalisation of a robust leadership and professional checklist as a necessary and complementary requirement...
Richard Nunekpeku