The Role of Customary Successor in the Application for Letters of Administration: A Sine Qua Non or A Legal Superfluity?
:: Ghana Law Hub
by Frederick Gurah Sampson
1w ago
“In The lifetime of their relative, they cannot vent their spleen on his wife. The opportunity comes when he dies. The poor widow and her children are subjected to a vulgar and humiliating abuse; they are made to pay unreasonable and unjustifiable funeral dues, to incur liabilities in respect of the funeral which can find no foundation in customary law; and after the funeral are harassed and driven to desperation by unnecessary litigation.” Hayfron Benjamin J (as he then was) In Re Ackom-Mensah (Decd) Ackom-Mensah v Abosompem (1973) GLR18 Introduction Upon the death of a person intestate, (wit ..read more
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Navigating the Role of the Corporate Counsel: Insights from My Journey
:: Ghana Law Hub
by Helen Amponsah Asare
2M ago
Transitioning from traditional private practice in a law firm to a successful Corporate (In-house) Counsel demands adaptation and the acquisition of new skills. In this brief article, I share my journey and lessons learned so far as a Corporate Counsel, aiming to guide fellow Corporate Counsel and those aspiring to embrace this evolving role. Embrace the Role of a Generalist As a Corporate Counsel, you’ll encounter a diverse array of legal issues, from employment, intellectual property, corporate and commercial transactions to litigation and dispute resolution, data privacy, tax, request for l ..read more
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The Doctrine of Continuous Violation: Can It Be Caught by the Doctrine of Estoppel and the Statute of Limitation?
:: Ghana Law Hub
by Derick Adu-Gyamfi
3M ago
“On principle of public policy nobody should be allowed to take advantage of his own wrong.”[1] Introduction With this doctrine the decision in Bodner v Banque Pariba[2]  comes to mind. The court held thus: “’Federal courts have found the statute of limitations must accrue from the date of the last wrongful act where there is a continuous wrong. Leonhard v United States, 633 F. 2d 599, 613 (2d Cir. 1980). Thus, under the continuous violation doctrine, “the limitation period for a continuing offence does not began until the offence is completed.” United States v Rivera-Ventura, 72 F. 3d 27 ..read more
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Legal Effect of Service And Pendency of an Application for Injunction in Ghana – Restating the Position!
:: Ghana Law Hub
by Samuel Alesu-Dordzi
3M ago
Dedication The author dedicates this paper to his sister[1], who obtained and graduated with her PhD from Ghana Institute of Management and Public Administration (GIMPA) on 15th December 2023 which date by divine coincidence was her birthday. Congratulations to her are in order and Happy Birthday to you Vivian E. Sampson PhD. Introduction. In civil proceedings before the court, there may be the need in some instances to preserve the status quo to allow the court the time and opportunity to determine the respective rights of the parties. Injunction is one of the mechanisms that help the court t ..read more
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The Jurisprudence of Separability of Arbitration Clauses & Allegation of Fraud to Prevent a Reference to Arbitration
:: Ghana Law Hub
by Ghana Law Hub
4M ago
Photo by GR Stocks on Unsplash Author: James Gawuga Nkrumah Introduction Increasingly, arbitration is becoming the norm for dispute resolution and not really an alternative to litigation. Parties to commercial agreements continue to designate arbitration under dispute resolution clauses as their preferred mode for resolving disputes. Absent that, parties themselves are able to agree to arbitrate their disputes whenever they arise for the privacy, autonomy, efficiency, neutrality, expertise and party participation that arbitration assures. Notwithstanding the prominence arbitration is gaining f ..read more
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When What Matters Not, Matter! – A Review of the Law on Privacy and Admissibility of Evidence Secretly and Unlawfully Obtained, In Civil Proceedings, Vis-à-Vis Article 18(2) of the 1992 Constitution of Ghana
:: Ghana Law Hub
by Frederick Gurah Sampson
4M ago
“It matters not how you get it, if you steal it even, it would be admissible in evidence”Crompton J in R v Leatham (1861) 8 Cox CC 498. Introduction The secret tape of Chief Bugri Naabu,[1] (‘the IGP Konkonsa tape’) with some senior police officers in the Ghana Police Service, relative to the Inspector General of Police (IGP), and the subsequent Parliamentary committee hearing has brought to the fore another time the importance of this question of Privacy rights of citizens and the admissibility of evidence secretly and unlawfully obtained. On that tape, it is alleged that the said Chief Bugri ..read more
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Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
:: Ghana Law Hub
by Justice Alexander Osei Tutu
5M ago
Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original name or concept. Who would have thought that Kofi Ofori Dua will one day become Koforidua, for Nungua to be anglicized for Ningo-wa, Techiman for Takyi Oman, Cape Coast for Oguaa, Ningo for Nugo and Prampram for Gbugla? For the names of human beings, Muslim Khatib illuminates that Umar has now become Moro, Abu for Bukari, Zenabu has taken the place of Zainab, Hussein has been substituted with Fuseini, while Dramani has replaced Abdul Rahma ..read more
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Liquidation: Whether Or Not The Liquidation Of A Licensed Insurance Company In Ghana Can Be Commenced By An Originating Motion On Notice
:: Ghana Law Hub
by Ghana Law Hub
6M ago
Author:Vanessa Awurabena Davis Esq, AB Lexmall & Associates Introduction The High Court, Accra, has ruled on the legality of commencing the liquidation of a licensed insurance company by an originating motion on notice. The Respondent in the case had questioned whether the Applicant had properly invoked the jurisdiction of the court by filing an Originating Motion on Notice as opposed to a Petition for Liquidation.  The court ruled that a person may commence proceedings for the liquidation of an insurance company by an Originating Motion on Notice. In its ruling, the Court reasoned th ..read more
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America’s Gun Pandemic: How “Originalists” Failed The Republic
:: Ghana Law Hub
by Nick Opoku
6M ago
Last Monday, August 28, 2023, there was yet another incident of gun violence in the US. This time, a faculty member at the University of North Carolina at Chapel Hill was shot dead on campus. A graduate student has been charged for the murder. This is yet another reminder of how unregulated guns continue to impact American society.  While some states have made decent attempts at regulating guns, the posturing of the US Supreme Court compounds the problem. Two consequential regulations failed to survive judicial intervention in District of Columbia v Heller (2008) and New York State Rifle ..read more
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The Right to Assembly and Public Protest in Ghana: “OccupyJulorbiHouse” Protest in Perspective
:: Ghana Law Hub
by Ghana Law Hub
7M ago
Image: www.myjoyonline.com By: Michael Ansa Introduction The Constitution of Ghana guarantees the right of individuals to free assembly including the freedom to take part in processions and demonstrations. The right to freedom of assembly is one of the foundations of a functioning democracy.[1] The right to freedom of assembly, coupled with the right to association and the right to freedom of expression are essential for the exercise of many other rights.[2] These rights cannot be curtailed by the government or any other individual, except under another law either provided in the Constitu ..read more
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