Results for "execution of orders"
66 results.
Opinion
The Propriety or Otherwise Of Order 73 Of CI 47 in Light of Ex Parte PPE Ltd & Paul Juric and Martin Kpebu (No.1)
This article evaluates Order 73 of CI 47 in the context of Ghana's 1992 Constitution, focusing on its implications for personal liberty under Article 14(1)(c). It argues that Order 73's allowance for civil defendants' arrest conflicts with...
Her Honour Sedinam Awo Kwadam & Emmanuel Babuboa
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
Allodial interest under the Land Act, 2020: Some thoughts
The article discusses the position and seeming challenges with allodial interests under Ghana's Land Act, 2020
Justice Alexander Osei Tutu
Opinion
An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court
The Supreme Court on 18th January 2022 rendered its reasons in the case of of Republic v High Court, (Criminal Division 9), Accra Ex Parte Ecobank Ghana Ltd; Origin 8 & Anor (Respondents & Interested Parties). This is a case which bothered...
Justice Eric Kyei Baffour
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
The dawn of a new era in the grant of stay of execution in Non-Executory orders: The case of Ogyeadom Obranu Kwesi Atta VI
The writer scans the horizon of the legal landscape on the determination of cases regarding executory and non-executory orders culminating in the decision in the case of Ogyeadom Obranu Kwesi Attah VI
Justice Eric Kyei Baffour
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
A still borne piece of law, and rightly so declared in the case of Origin 8
Last week, we published an article written by Justice Eric Kyei Baffour titled "An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court" in which the learned Court of...
Thaddeus Sory
Opinion
Alexander Afenyo Markin v. Speaker of Parliament & A-G: Application ex-parte for stay of execution of the ruling of the speaker of parliament delivered on 17th October,2024 pending the determination of the suit.
This case examines the interplay between judicial review and constitutional supremacy in Ghana, focusing on the separation of powers and the judiciary's role in interpreting constitutional provisions. The dispute arises from the Speaker of...
Onesimus Faeron
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
Are Litigation Lawyers Working for Their Court Clerks?
The article discusses the vital yet underappreciated role of law clerks in Ghanaian litigation practice, highlighting financial risks associated with their responsibilities due to a lack of oversight. It proposes measures such as digital pa...
Dennis Adjei Dwomoh Esq.
Opinion
An Examination of the Scope of the Supervisory Jurisdiction of the High Court of Ghana
The article examines the supervisory jurisdiction of the High Court of Ghana under the 1992 Constitution, highlighting two contradictory Supreme Court decisions on the matter. It argues for the court's unfettered supervisory powers and urge...
Simon Okyere, Esq.
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
Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited
This article examines judicial review of administrative actions in Ghana, focusing on the cases Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited. It analyzes the distinction between the High Court's supervisory and judicial revie...
Kenneth Atsu Dogbey & Martin Waana-Ang
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
Invoking the Supervisory Jurisdiction of the Supreme Court of Ghana. The Case of a Meddlesome Interloper (Busybody)
The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS S...
Kwame Richard Klu and Kwame Yaro Appiah