Opinion
The Circuit Court’s Jurisdiction in Ghanaian Land Disputes: A Jurisdiction at Large
Her Honour Judge Sedinam Awo Kwadam (Mrs.)
Results for "presumptive ownership"
44 results.
Opinion
Developing Jurisprudence or Creating Chaos?: An Examination of the Decisions of Ghana's Supreme Court on Property Rights of Spouses
This Article explores the contradictions and conflicts in the theory of the Supreme Court, whilst emphasising that the jurisprudence of the Supreme Court is in fatal disarray and anarchy. The so-called jurisprudence of equality does not onl...
Daniel Korang
Opinion
Land Management as a component of Sustainable Development: The role of traditional leadership in the Kumasi Traditional Area
A lecture delivered at the KNUST Law Faculty on 23rd March, 2023
Mariam Agyeman Gyasi Jawhary
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
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
The Moral Nuances of Adverse Possession in Ghana
This article explores the complex moral, legal, religious, and philosophical debates surrounding adverse possession, emphasizing its declining social approval and relevance in Ghana’s modern property system. It calls for reform or abolition...
Justice Alexander Osei Tutu
Opinion
Personal and joint ownership of immovable property acquired during the subsistence of a Marriage
In this article, the writer reviews articles 18 and 22 of the 1992 constitution, the Lands Act, 2020 (Act 1036) specifically, sections 38(3), 38(4) and 47, and judicial decisions including Mensah v Mensah, Quartson v Quartson, Arthur v Arth...
Samuel M. Codjoe
Opinion
Ghana Cannot Arrest Its Way Out of Galamsey - A Case for Medium Scale Mining Revolution
The article argues that Ghana cannot eliminate illegal mining through arrests and military operations alone because these measures fail to address the economic and regulatory factors sustaining galamsey. It proposes a medium-scale mining fr...
Yaw Boampong Adu-Brempong
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
Ownership of a private company versus ownership of the company’s properties – The shareholders limitations
The author draws the distinction between the ownership of a private company and the ownership of its assets and offers recommendations for the promotion of compliance with long-standing company law practices and principles on company proper...
Richard Nunekpeku
Opinion
The Land Act: A Model For Integration Of Customary Law Into A Modern Legislation
Ghana’s Land Act, 2020 exemplifies a landmark effort to integrate customary law into modern statutory land governance by codifying indigenous principles, promoting fiduciary accountability, and ensuring legal recognition of customary intere...
Justice Alexander Osei Tutu
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
The Concept Of Family: A Vexed Issue In Our Legal Jurisprudence
The article examines the meaning of “family” under Ghanaian customary law, including how family membership and headship are determined, and emphasizes that these questions often depend on the customs and evidence of the particular family. I...
Francis Obiri
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
Copyright permissions granted libraries in Ghana: An exposition of Section 21 of the Copyright Act 2005 (Act 690)
Libraries are of utmost importance in our society. Its impact causes a ripple effect across generations and therefore a needed resource in our communities. However, in light of benefitting from the resources of the library, there is the nee...
Anita Natekie Nartey
Opinion
Of language and Copyright: Defe Defe, Pasaa, Pasaa, Doso, Doso
This article critically examines the copyright dispute between Team Eternity and Kwame Mickey over a song’s chorus. It explores whether the phrase “Manhyia Nyame anka .. yay3/abonsam /ay3 defe defe” is copyrightable and if the similarities...
Samuel Appiah Darko
Opinion
Why you must conduct a litigation search before buying a land in Ghana
It is widely accepted among land purchasers in Ghana that, there is a need to go an extra mile in due diligence before paying money to any person or entity who purports to own a land in Ghana primarily due to the dicey nature of our land ac...
Victor Owusu Asante Esq