Results for "lower court"
173 results.
Opinion
Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited
Kenneth Atsu Dogbey & Martin Waana-Ang
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
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
“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
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
The Legal Effect of ‘Solicitor’s Representative' signing Writ of Summons to commence an action under the District Court Rules
The Author examines the legal effect of Order 2 rule (3)(2)(a) & (b) of the District Court Rules to the extent that it permits a Solicitor’s representative to sign a writ of summons to commence an action at the District Court.
John Kwesi Hagan Jnr. Esq
Opinion
Employee Outsourcing and Its Legal Implications
This article examines the growing trend of employee outsourcing in Ghana, comparing it with permanent employment and highlighting the legal, ethical, and operational implications. It calls for clearer legislation to address the vulnerabilit...
Naa Awura Dede Osabutey
Opinion
‘Robo-Justice’: A Critical Examination of Artificial Intelligence (AI) Adoption in Ghana’s Legal System
The article explores how AI is reshaping Ghana's legal system, emphasizing both its efficiency benefits and the ethical and procedural risks it poses. It concludes that while AI can aid legal processes, it cannot replace human judgment, and...
Elizabeth Asantewaa Ofori and Goodnuff Appiah Larbi
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
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
Deep Cracks in the Patent System as Revealed by Covid-19 Vaccine Manufacture
The article explores flaws in the patent system exposed by COVID-19 vaccine manufacturing, particularly the insufficiency of disclosure requirements. It argues that despite the legal obligation for patentees to disclose inventions, third-pa...
Prince Nketia
Opinion
The Rebirth of Legal Education in Ghana: Understanding The Legal Education Act, 2026 (Act 1170)
The article argues that Ghana’s Legal Education Act, 2026 (Act 1170) marks a major transformation of legal education by expanding access, modernising governance, and strengthening professional training standards. It presents the Act as the...
Sedinam Awo Kwadam
Opinion
Wombs for Rent: The Ethics of Commercial Surrogacy
This article explores the ethical, legal, and cultural tensions surrounding commercial surrogacy in Ghana, emphasizing the need for comprehensive legislation. It compares international regulatory models and debates the merits and risks of c...
Joyann Obeng and Lais Pinheiro
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
Arguing points of law under the omnibus ground of appeal; The decision in Owusu Domena v Amoah
"The omnibus ground of appeal is the oft-quoted “the judgment is against the weight of evidence”... Discover the reasons advanced for why this may lead to delays in the process
Derick Adu-Gyamfi
Opinion
Repeat applications in Criminal Procedure
Repeat applications are recognized and permitted in criminal procedure and are more common with bail applications. What is a repeat application and when can one file same? Learn more in this article.
Selasi Kuwornu
Opinion
Right to Sue on Behalf of the Family: Settled Principles & Unsettling Surprises
The article discusses the legal principle in Ghana concerning the capacity of family members to sue and be sued regarding family property. It examines historical and modern interpretations, significant case law, and statutory provisions.
Justice Alexander Osei Tutu