Results for "confession statements"
36 results.
Opinion
The Story Behind the Claim
This Opinion piece was originally published on the author's LinkedIn page as, "An article on choosing 'story' over technical language and showing off in drafting statements of claim in disputes."
David A. Asiedu
Opinion
Failure To File Affidavits in Opposition: Meaning and Effect
This article argues that failure to file an affidavit in opposition does not bar a party from responding to a motion on facts already on record, but only prevents the introduction of new facts. It clarifies that such failure amounts to admi...
Dr Justice Srem-Sai
Opinion
Does A Poisonous Mango Tree Necessarily Bear Poisoned Mangoes?: The “Fruit of the Poisonous Tree” Doctrine’s Applicability in Ghanaian Evidence Law
The article examines the “fruit of the poisonous tree” doctrine and how Ghanaian courts deal with evidence obtained through unlawful or unconstitutional means. It explains that, following Raphael Cubagee v Michael Yeboah Asare & Others, Gha...
HH Malcolm Bedzrah
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 Lawyer’s Trial: Why “Lawyer Shaming” Reveals More About Them Than About You
The article argues that “lawyer shaming” is less a valid criticism of the legal profession and more a reflection of insecurity, admiration, and misunderstanding on the part of critics. It defends the dignity of legal practice by highlightin...
Sedinam Awo Kwadam
Opinion
Presumption of Innocence Undermined: How Ghana’s 2018 Criminal Disclosure Regime Violates The Rights To Silence And Innocence; A Case For A Two-Phased Case Management Regime in Criminal Trials
This article argues that Ghana’s 2018 Criminal Disclosure and Case Management Practice Directions, though aimed at efficiency, fundamentally undermine the presumption of innocence and the right to silence by compelling premature defence dis...
Sedinam Awo Kwadam
Opinion
Evaluation of the Efficacy of the Corporate Insolvency and Restructuring Act 2020 (Act 1015) of Ghana: A Comparative Analysis with the Insolvency Legal Framework of the United Kingdom (Part I)
The article examines Ghana’s Corporate Insolvency and Restructuring Act, 2020 (Act 1015), comparing its corporate rescue and insolvency mechanisms with those of the United Kingdom. It highlights Ghana’s progress towards a rescue-oriented fr...
Jennifer Abena Dadzie
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
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
My Lord! To be or not to be? [Part 1]
This article examines the process of becoming a judge in Ghana, outlining the recruitment procedures, conditions of service, postings, transfers, leadership expectations, and the exclusivity of judicial roles. It provides insights into the...
Bertha A. Aniagyei
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
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
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
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
IGP’s affront to the British High Commissioner: Why it is wrong?
An agent of government and for that matter, a State security agent or the Police Service of a State is not a party to the Vienna Convention on Diplomatic Relations of 18 April 1961, which universally governs diplomatic relations among Sate-...
Oswald K. Seneadza
Opinion
The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court: Ex Parte Opuni (No. 2)
The author asks, among other things, if a High Court must follow a decision of a higher court at all costs under the doctrine of stare decisis. See more in this article.
Francisca Serwaa Boateng