Adverse Possession: A Modern Outlook
Ghana Law Hub
by Justice Alexander Osei Tutu
2w ago
Introduction Land ownership and possessory rights have always been contentious issues for land law practitioners, and the concept of adverse possession adds a new layer of complexity to these old-age issues. In the words of one researcher, “It would appear that in the arena of problematic doctrines of law, adverse possession carries the trophy in ..read more
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The Jurisprudence of Section 8 of the Legal Professions Act 1960 (Act 32) (Solicitors Licence) – A Review of The Judicial Pendulum Under Ghana Law 
Ghana Law Hub
by Frederick Gurah Sampson
2M ago
“When the ghosts from the past stand in the path of justice, clanking their medieval chains, the proper course of the judge is to pass through them undeterred.” Lord Atkin in United Australia Limited v Barclays Bank Limited [1941] A.C 1 INTRODUCTION Justice Benjamin N Cardozo observed in the case of In Re Rouss[1] that, “Membership ..read more
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To Adopt or Not to Adopt in Civil Cases: The New Judge’s Dilemma
Ghana Law Hub
by Justice Alexander Osei Tutu
4M ago
Introduction All too soon, the legal vacation has ended paving way for another busy legal year, in tandem with the tradition of our vocation. More often than not, the commencement of every legal year is characterized by the transfer of judges and judicial staff to new courts. The 2024 legal year, presumably, will not defy ..read more
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Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing
Ghana Law Hub
by Frederick Gurah Sampson
5M ago
“…. For a very long time, the Ghana Bar Association acted as the conscience of the nation. When they speak, everybody shivers.…In times of challenges and difficulty, the GBA has made its voice heard, offering clarity and direction, shaping the national conversation, and getting the right things done. It is not for nothing that the […] The post Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing appeared first on :: Ghana Law Hub ..read more
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Ghana Music and disregard for Copyright: From Kuame Eugene to Team Eternity, where do we draw the line?
Ghana Law Hub
by Evelyn Bediakoh-Adu and Francis Nii Boye
7M ago
Introduction The 2020 documentary titled ‘Afrobeats: The Backstory on Netflix’, credits the origin of Afrobeats to Ghana and Nigeria.[1]  The music genre known as highlife is peculiar to Ghana with the likes of Kojo Antwi, Amakye Dede coming to mind. This is because, from the accounts of Arts scholars, researchers and even musicians, Highlife is the root from which Afrobeats was birthed.[2] In the early months of 2018, the song – ‘Angela’ received massive air play and that ushered Kuami Eugene, a young Artiste, into the Ghanaian music scene. He was a refreshing new face in the music indus ..read more
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Arbitrability of Claims of Forgery of Arbitration Agreement – Has Ghana Law Departed From the Prima Paint Rule?
Ghana Law Hub
by Bobby Banson
7M ago
1.Introduction There is no doubt that in most recent times, the approach of the court in Ghana is to as much as possible, promote alternate means of settling disputes other than by judicial adjudication. Where the Parties have agreed to settle a dispute by arbitration, the courts in Ghana will, unless that agreement is waived by a Party, suspend its jurisdiction to adjudicate the dispute, and refer the parties to arbitration. In the case of De Simone Ltd v Olam Ghana Ltd[1], the Supreme Court re-affirmed its disposition to promoting alternative dispute resolution, particularly where the partie ..read more
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Permissible Positive Discrimination in a Just Society: A Social Pact of Equals
Ghana Law Hub
by Selikem Donkor
7M ago
Abstract In a democratic society, members are conceived as equals. The status of equality arises from the assumption that those who create a just society do so as equal rational beings demanding equal respect, equal economic claims, equal opportunity, and tolerance in that society. Legislators are confronted with enigmatic practical difficulties when navigating the world of equality, where competing interests are not only between individuals but also those of the very society they’ve created. This complexity is not due to an implicit conceptual contradiction in the primordial meaning of equali ..read more
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The LEADing Justice Initiative of the Chief Justice – An Innovative Vision Worthy of Support
Ghana Law Hub
by Frederick Gurah Sampson
7M ago
“It should be emphasized that the judiciary as composed at present, in terms of article 125(1) of the 1992 Constitution, shall “be independent and subject only to [the] Constitution” and is solely vested with judicial power, which is to be exercised by it to the exclusion of all other persons or institutions. To that end, the Constitution, 1992 in article 125(3) provides that: “neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power”.  S.Y Bimpong Buta in his valuable book, The Role of the Supreme Court in th ..read more
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Capacity: A Fundamental Concept Suffering From Conflicting Notions
Ghana Law Hub
by Justice Alexander Osei Tutu
8M ago
Introduction In 2008, His Lordship Anin Yeboah J.A. (as he then was) in the case of The Republic v. The Arbitration Committee of Mampong Gyase Council, Ex parte Opanin Kofi Twumasi,[1] expressed his admiration for the state of the law on capacity and warned against introducing new vistas into the concept thus: [T]he issue of capacity has been discussed several times in decided cases that no new proposition of law should be laid down.” These passionate sentiments by the learned Judge are shared by most judges, some of whom have described the concept as ‘well-settled.’[2] Capacity is not a mere ..read more
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Right to Sue on Behalf of The Family: Settled Principles & Unsettling Surprises
Ghana Law Hub
by Justice Alexander Osei Tutu
9M ago
Introduction The principle was laid down long ago under customary law that in matters affecting family property, it is the head of the family who can sue and be sued.[1] During the colonial days, white judges who applied the customary law, propounded that despite the rule, an ordinary member of the family may be authorized by the family to sue on its behalf.[2] Then after Independence, His Lordship Ollenu held in the celebrated case of Kwan v. Nyieni,[3] that in exceptional cases, members of the family may sue on behalf of the family. The case became the locus classicus of recognizing the righ ..read more
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