Opinion
Proprietary Estoppel and Adverse Possession: A Struggle Between Fairness and Legalized Theft
Derick Adu-Gyamfi
Results for "estoppel"
17 results.
Others
Testing GoldBod CEO’s “New law” on small-scale mining against the law-Prof Kwadwo Appiagyei writes
“Once it’s not a water body; it’s not a forest reserve or… place like a roadside, whether the person has licence or not; the government says we should allow the person to mine and register and regularise them” – CEO, GoldBod
Professor Kwadwo Appiagyei-Atua
Courts
Couple’s names on indenture presume joint ownership – Court orders in void marriage case
The Court held that although the parties' marriage was legally invalid, the inclusion of both their names in the property's indenture constituted prima facie evidence of joint ownership, which could only be displaced by sufficient evidence...
DL News
Courts
Daniel Ofori vs. Ecobank Ghana Limited and 2 Others Revisited
“From the totality of the evidence before us and the application of the relevant law, the court holds that, the Respondent is entitled to monthly compounded interest on its principal investment sum of Gh¢6,162,240.00, calculated at a monthl...
DL News
Courts
Stanbic Bank appeals ruling on motion against Serbeh-Yiadom: Wants H.C. proceeding stayed
“That there are such special circumstances justifying a stay of proceedings pending the determination of the appeal.”
DL News
Courts
Ownership of disputed Abeka-Lapaz House: Court saves 86-year-old dad, ejects daughter
"It is hereby ordered that the defendant vacates the portion of the property she is occupying and give the plaintiffs vacant possession forthwith. We have considered the ages of the plaintiffs in determining the period they have to wait to...
DL News
Supreme Court News
Property ‘purportedly acquired by husband’, in the name of wife: SC declares woman owner
"Judging by the posture and conduct of the Plaintiff, what is more likely is that the indenture (Exhibit A) was put in the name of 2nd Defendant because it was proof to her that her remittances were being used to acquire property for her; a...
DL News
Courts
NIB wins London case against Eland International: Court orders Eland International to pay £150, 000 as costs
The court ordered the defendant, Eland to pay the sum of £150, 000.00 to the National Investment Bank as costs thus reversing an earlier decision that required, NIB to pay £41, 759.45 to Eland.
DL News
Opinion
The doctrine of continuous violation: Can it be caught by the doctrine of Estoppel and the statute of limitation?
This paper analyses the circumstances under which estoppel and the statutes of limitation cannot be invoked as shield or even as a sword to override an act or conduct of any person which contravenes the Constitution 1992.
Derick Adu-Gyamf, 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
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
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
Adisa Boya v. Zenabu Mohammed: A Judicial Incision – How the Supreme Court Created an Exception Without Overruling Estate Law Precedents.
An analysis of Adisa Boya v. Zenabu Mohammed, where the Supreme Court carved out an exception to estate law by allowing intestate heirs to sue without Letters of Administration, balancing legal formality with justice.
Kofi Annan
Opinion
Customary Succession and the Inheritance Rights of Women: The Case of Odamtten & Others v. Wuta-Ofei & Ors.
The author evaluates the decision of the Supreme Court of Ghana in the case of Odamtten & others v. Wuta-Ofei & Ors, with respect to the application of the rule of customary law applicable in patrilineal communities
Kwame Adusei