Results for "defence"
43 results.
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
Frederick Gurah Sampson
Opinion
Revisiting the Right to Counsel in Light of the Introduction of Plea Bargaining in Ghana
This paper seeks to discuss the general right to counsel, its current application in Ghana, and how the right is central to the effective administration of plea bargaining.
E. K. Bidzakin
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
The Circuit Court’s Jurisdiction in Ghanaian Land Disputes: A Jurisdiction at Large
This paper examines the misconception that the Circuit Court in Ghana is limited by a GHC 2,000,000 jurisdictional cap in land disputes. Through legal analysis, it argues that the Circuit Court’s jurisdiction in land matters—regarding owner...
Her Honour Judge Sedinam Awo Kwadam (Mrs.)
Opinion
Summary Judgments in Land Litigation; A ‘Quickie’ Path to Obtain Judgments? To Move or Not To Move, The Quagmire of the Practitioner?
The burden of the author in this article is to review the law on Summary Judgment, discuss the two opposing views of whether same can be granted in land matters or not, attempt to fill the vacuum and draw a conclusion that a party may not b...
Frederick Gurah Sampson
Opinion
Vehicles Do Not Commit Crimes: Registered-Owner Liability, the Presumption of Innocence, and the Legality of TRAFFITECH-GH
The article challenges the legality of Ghana’s TRAFFITECH-GH system, arguing that registered vehicle owners cannot automatically be held criminally liable for traffic offences committed by others. It contends that such liability violates th...
Albert Gyamfi Esq.
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
“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
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
Stay of Proceedings of A Case: A Legal Gymnastics Tool to Delay Proceedings Before a Trial Court?
The article explains that merely filing a repeat application for stay of proceedings, or an application for certiorari or prohibition, does not automatically halt proceedings before a trial court. A stay only arises where the trial or appel...
Francis Obiri
Opinion
The Law 101 – Plea Deals: Justice made swifter and surer
The article explains that plea bargaining is a lawful, regulated, and long-recognised feature of Ghana’s criminal justice system, strengthened by Act 1079 to promote faster justice, restitution, accountability, and judicial oversight.
Samson Lardy Anyenini
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
Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana
This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual...
Sedinam Awo Kwadam
Opinion
The Judicial Powers of the Judicial Committee of a Traditional Council
This article examines the judicial powers of the Judicial Committee of a Traditional Council in Ghana, outlining its composition, jurisdiction, appointment process, and adjudicatory functions in chieftaincy disputes. It also discusses appea...
Richard Appiah Kubi
Opinion
Beyond Rhetoric: Advancing Economic, Social, and Cultural Rights Protection in Ghana: A Case Study of Child Rights International v. The Attorney-General and Its Implications
This article examines the Supreme Court of Ghana's decision in Child Rights International v. Attorney-General, focusing on its implications for enforcing Economic, Social, and Cultural Rights (ESCRs). The paper explores the importance of st...
Kenneth Atsu Dogbey & Martin Waana-Ang
Opinion
Locus Standi of a Stranger to a Judgment; Analysis on the Decisions in Jacques v Harrison, Gbagbo v Owusu & Lamptey v Hammond
In this paper the author delves among others, into various cases and examines how a person can acquire locus standi to fall into the rule in Lamptey v Hammond.
Derick Adu-Gyamfi, Esq.
Opinion
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
The paper interrogates the two positions and the recent attempt by the Apex Court to reconcile them. Was the Court able to rectify the ‘corrupted version’ of the estoppel per rem judicatam rule or just like Abedi Ayew, it is too late in the...
Justice Alexander Osei Tutu