Author: Joel Oheneba Afari-Acquah Abstract The Supreme Court of Ghana in George Odamtten & Ors v Wuta-Ofei & Ors affirmed the decision of the Court of Appeal to the effect that by the customary law of Gas of Osu, female children of a deceased original owner of property who inherit the property cannot pass on their interest to their descendants, thus the property reverts to the family of the deceased original owner. In this article, I write a well-researched response to the decision of the Supreme Court pointing out the flaws in the judgment. I highlight the role of the Intestate S ..read more

 Voice Summary: https://ghanalawhub.com/wp-content/uploads/2022/12/Unclaimed-Dividends-2.mp3 Introduction Businesses, be it Limited Liability Companies, Sole Proprietorships, Partnerships etc in Ghana like elsewhere exist with the aim of maximizing profit. Shareholders or persons who invest in such businesses by way of shares have an expectation that the company will keep being a going concern, make profit and declare dividends for the benefit of the shareholders or to be reinvested into the business for the growth and development of the business. Ordinarily, declaration or payment of suc ..read more

Author:Richmond Agbelengor Voice summary: https://ghanalawhub.com/wp-content/uploads/2022/12/New-Recording-39.m4a 1.Introduction In a legal tussle, facts alleged by a party and admitted by the opposite party do not become facts in issue, and same are seldom pursued by the party that alleged those facts. However, where facts are alleged by a party and same are denied by the opposite party, those facts become facts in issue. In the latter scenario, admissible evidence must be adduced by the appropriate party in order to establish those facts in issue. The legalese, traverse[1], is the epithet us ..read more

Voice Summary by Author: https://ghanalawhub.com/wp-content/uploads/2022/11/WhatsApp-Audio-2022-11-21-at-9.47.17-PM.ogg Introduction  Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely on the inability of a respondent to the application to file appearance or defence within the statutory periods set down by the rules.[1]This can be argued that a default judgment is not a final judgment but an interlocutory one. As stated in Bozson v Alttincham Urban District Council[2], Lord Alverstone CJ said as follows: “Does the judgment or ..read more

Voice Summary by Author: https://ghanalawhub.com/wp-content/uploads/2022/11/WhatsApp-Audio-2022-11-12-at-1.31.40-PM.ogg Introduction. The objective of every Plaintiff who commences an action either by issuance of writ,[1] petition[2] or an originating motion on notice[3], is to obtain a favourable judgment, either for the reliefs claimed or for better reliefs if any. When a Writ of Summons and Statement of Claim is issued and served on the Defendant, the rules of Court require that the Defendant(s) (as the case may be) has(have) eight (8) days to enter appearance[4], file a Statement of Defenc ..read more

Introduction The word “arbitration” has gained a lot of traction in recent years. It is now “fashionable” or “chique” to incorporate arbitration clauses in all kinds of agreements. Even legislative drafters have caught on to this “new wave” of including arbitration provisions in public legislation. Hence, Acts of Parliament and subsidiary legislation passed in the last 3 years include alternative dispute resolution provisions as the means of settling disputes arising from the interpretation and/or application of those laws. This trend, for right or wrong, marks a departure from the traditional ..read more

On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a suit challenging the propriety of the Agyapa Deal initiated by the Government of Ghana (GoG). On December 20, 2020, Transparency International (TI), Ghana Integrity Initiative (GII), and Ghana Anti‐Corruption Coalition (GACC) filed an application at the ECOWAS Court for the enforcement of fundamental human rights under Article 33 of the Rules of the ECOWAS Court, Article 21(1) of the African Charter on Human and Peoples Rights, Article 2(1) and (2), 3 ..read more

[Dedication: This piece is dedicated to a dear friend and law school mate, Richard Badombie Esq whose tragic passing at the hands of some armed persons has left us in shock. He would be sorely missed for his public spiritedness and warm personality] The early days of law school was difficult. It required getting used to the case law method of teaching and learning. And adapting to the workload. There were too many cases to cram and little time to reflect. As quickly as cases were read, they were forgotten. But despite all this, a few cases make an impression on you. And this remains with you f ..read more

Summary: The author considers the impact of the Supreme Court’s strained and narrow interpretation of the word “judgment” in Article 131 in Owusu v Addo on the pathways for appealing against decisions to the Supreme Court. As the decision provides, special leave is required in appealing against decisions not “judgments” from the Court of Appeal to the Supreme Court. The author considers this interpretation as imposing an undue burden on litigants. ____________________________________________________________________ 1.Introduction Appeals are creatures of statute. Unless a statute confers a rig ..read more

1.Introduction Conflict has become accepted as part of human engagements and endeavours. When conflict arises, the disposition of the parties involved in it is to solve it amicably or through the judicial avenues provided for the State. Sometimes, Parties who are engaged in any undertaking may agree that disputes which arise in the course of the undertaking should be resolved by the appointment of private adjudicators, devoid of State apparatus, whose decisions will be binding on the Parties and enforceable using State machinery. Arbitration, for all of its well documented advantages, has beco ..read more