
Ghana Law Hub
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Ghana Law Hub exists to create and encourage the creation of timely, relevant and authentic Ghanaian legal resources. To this end, the Hub aims at detailing key and major events and developments in the legal arena from as many perspectives as possible.
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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
Ghana Law Hub
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