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

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

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

“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

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

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

Introduction The power to alienate and capacity to litigate are cornerstones of the law of Immovable Property and legal proceedings (Civil Procedure). The power to alienate literally enables a person or an entity to transfer or dispose of property, while capacity to litigate, on the other hand, determines who can sue and be sued in legal suits. Despite the fact that they seem to operate prominently under different branches of the law, the two concepts are long-time bedfellows, often banded together. To some judges,[1] they are inseparable. Capacity to litigate in respect of a property is conti ..read more

Introduction  A brief discussion on the origin of the term ‘locus standi’ or simply standing will be very useful to readers for the purpose of better clarity of the article. Origin of the doctrine In England, during the 19th century, courts were reluctant to allow anyone gain entry into its sanctuary unless he is a person aggrieved, and is usually has been shown that he had a specific right of his own which has been infringed or that his properties have been wrongfully seized or detained. To be entitled to a hearing he shares with others in common, he must be “a person aggrieved.” Lord Ju ..read more

Introduction “Our word to you does not waver between ‘Yes’ and ‘No’. 2 Corinthians 1:18 NLT. The story of capacity is like the Biblical Reuben. In the Book of Genesis, Jacob said these about his eldest son: “Reuben, thou art my firstborn, my might, and the beginning of my strength … unstable as water, thou shall not excel …”[1]. Indeed, capacity, like jurisdiction, is one of the pioneer and fundamental concepts under our jurisprudence, It is also one of the common law legacies bequeathed to us familiar to all lawyers. It is the very first hurdle to be crossed by a person who wants to patronize ..read more

Photo by Artem Beliaikin on Unsplash 1.Introduction: On the 15th of March 2023, Justice Eric Baah JA, sitting as an additional High Court Judge delivered a judgment in a matter titled Anas Aremeyaw Anas v Kennedy Ohene Agyapong.[1] The Plaintiff in that suit had commenced an action against the Defendant for publishing words which the Plaintiff contended to be defamatory or libellous. The Defendant justified his actions on the basis that the words published were fair comments considering the information which the Defendant had at his disposal and further that the words published were also true ..read more