Results for "family succession"
55 results.
Opinion
Right to Sue on Behalf of the Family: Settled Principles & Unsettling Surprises
Justice Alexander Osei Tutu
Opinion
Intestate Succession in Ghana: How PNDCL 111 Shapes Families After Death
Naa Awura Dede Osabutey
Opinion
Law and Society: Are We Playing Ostrich with the Current Realities of the Family System and Confusion Associated with Funerals in Ghanaian Communities?
This article critiques the dissonance between Ghana's evolving nuclear family dynamics and outdated customary laws governing funerals and inheritance. It advocates for legislative reform to grant nuclear families legal authority over burial...
Afia Serwah Asare-Botwe
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
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
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
In this article, the author examines the exceptions to the principle that the power to alienate property is linked with the capacity to litigate. By exploring various legal cases and statutory provisions, the author demonstrates that these...
Justice Alexander Osei Tutu
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
Better off divorced than widowed?
The author discusses whether or not women are better off divorced with regard to their access to spousal property during the dissolution of the marriage compared to what pertains upon the death of a husband intestate given the current appli...
Afia Serwah Asare-Botwe
Opinion
Part 2: My Lord! To be or not to be
This second part of the article explores the challenges judges in Ghana face after assuming office, including external pressures, political interference, social reclusiveness, security risks, and mental health struggles. It highlights the e...
Bertha A. Aniagyei
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
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
Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities
This article argues that whilst Ghana’s statutory criminal law (via the Criminal Offences Act 1960 (Act 29) governs codified offences, it fails to formally recognise many customary offences and sanctions entrenched in Ghanaian communities....
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng Esq.
Opinion
Beyond the "Koo Kaa": Safeguarding Ghana's forest reserves
The article intends to ensure that beyond the discussions and debates on the degazetting of portions of the Achimota Forest, concrete steps are taken at clarifying the legislative framework for the management and utilisation of forest resou...
Clement Kojo Akapame
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
The Maze of Complexity: Unravelling the Knots of Judicial Discretion in Re Republic vrs. Speaker of Parliament and Attorney General, Ex Parte: Rockson-Nelson Etse K. Dafeamekpor Suit No. GJ/0560/2024.
The article critiques the High Court's refusal to grant a mandamus order compelling the President of Ghana to act on the Human Sexual Rights and Family Values Bill, despite its passage in Parliament. The court's decision is argued to be pre...
Nii Kpakpo Samoa Addo ESQ.
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
Justice Beyond The Courtroom: Law, Dialogue, and Values in Building A Peaceful and Stable Democratic Society in Ghana
This lecture argues that justice in Ghana must extend beyond courts into homes, schools, communities, and public institutions, where dialogue, fairness, and accountability are first learned and practised. It contends that a peaceful and sta...
Justice Paul Baffoe-Bonnie
Opinion
The Decline of Allodial Title in Ghana
The article retraces the circumstances that have contributed to the decline of allodial interests/titles in Ghana's land law, including provisions in law that have contributed to this realization
Justice Alexander Osei Tutu