The GHANA LAW HUB

21/08/2023

Public Financial Management Rules with UPSA Law School.

03/07/2023

Basics of money lending with UPSA Law School. #

08/05/2023

Consequences of corruption with UPSA Law School.

28/04/2023

‘Article 71’ Office Holders under the 4th Republican Constitution of Ghana have been a subject of discussion in Ghana for several reasons. There are some who perceive that Article 71 Office Holders earn too much from the State. Others even think that the ‘end-of-term’ benefits that these officers receive after every 4 years is excessive, without any justification (having regard to what other public or civil servants receive and other public sector workers) and a r**e of the limited national resources.

When the President, His Excellency Nana Addo Dankwa Akufo-Addo, was sworn into office on 7th January 2017 as President of the Republic of Ghana for his first term, his inaugural address included, inter alia, an invitation to all Ghanaians to be CITIZENS and not spectators. This is what he had to say...

27/04/2023

Road Traffic Regulations with UPSA Law School.

03/04/2023

Road Traffic Regulations with UPSA Law School.

24/03/2023

In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1], the Supreme Court held inter alia, that the Rules of Court Committee did not have the mandate to create a criminal offence under Order 66 rule 3 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The judgment raised several issues as gleaned from the lenses of some of its critics, which triggered a discussion by the writer in the previous publication.

In this edition, the writer seeks to continue with the discourse on some of the issues raised with the decision in some quarters with a view to enriching the ongoing debate.

Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1], the Supreme Court held inter alia, that the Rules of Court Committee did not have the mandate to create a criminal offence under Orde...

17/03/2023

Last month, the Supreme Court in the landmark case of the Republic v. High Court (Commercial Division), Accra; Ex P arte: Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1] held that since Intermeddling is an offence; it is only the Attorney General or a person acting under its power who can initiate criminal prosecutions. The decision also purported to settle, to a greater extent, the long-standing controversy, particularly at the Court of Appeal, over whether a criminal intermeddling proceeding should be commenced by an originating motion on notice or a charge sheet in criminal prosecution.

Photo by Tierra Mallorca on Unsplash Introduction Last month, the Supreme Court in the landmark case of the Republic v. High Court (Commercial Division), Accra; Ex P arte: Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1] held that since Intermeddling is an offence; it is only the Att...

16/03/2023

Proper conduct of search with UPSA Law School.

13/03/2023

Right of women convicted of non-capital offences with UPSA Law School.

30/01/2023

Right to liberty with UPSA Law School.

22/12/2022

Place of Trust in Business Arrangements with UPSA Law School.

15/12/2022

Hire purchase arrangements with UPSA Law School.

14/12/2022

The aim of this article is to examine the scope of general traverse, and the effect it has in pleadings. In undertaking this odyssey, I will discuss how the courts have interpreted and applied General traverse over the years.

Author:Richmond Agbelengor Voice summary: 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....

12/12/2022

Sale of Goods with UPSA Law School.

08/12/2022

Sale of goods with UPSA Law School.

01/12/2022

The High Court, Tema, determined the contempt brought by Chairman Wontumi in Republic v United Television & 5 ors today.

The Court struck out UTV as a party in the matter. The court also discharged Fada Dickson, MD, of the station.

However, the court convicted and fined Nana Ama McBrown, A Plus, and Mr Logic GHS60,000 each for contempt of court. The court further sentenced Afia Schwarzenegger to 10 days in prison custody. A Bench warrant was issued for her arrest since she was not in court due to ill health.

The court awarded a cost of GHS5,000 each to Chairman Wontumi. Nana Ama, Mr Logic and A Plus have settled the fines imposed by the court.

Credit: Ghana Law Hub 🔴⚫️

24/11/2022

Conditions for grant of mining license with UPSA Law School.

22/11/2022

The doctrine of estoppel per rem judicata can be applied in default judgment or interlocutory matters in liquidated or unliquidated claims. However, in declaratory reliefs default judgment can only be applied when parties have led evidence to prove their case before final judgment can be entered for the parties.

Voice Summary by Author: 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....

17/11/2022

Ecological protection with UPSA Law School.

14/11/2022

In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to such a Plaintiff under the High Court Civil Procedure Rule and concludes that in such instances, the Plaintiff has two options to adopt.

Voice Summary by Author:   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...

03/11/2022

Mining support services with UPSA Law School.

24/10/2022

Staffing during industrial action with UPSA Law School.

22/10/2022

The High Court, in Esi Yeboah v Mfantseman Municipal Assembly, has held that the writing of “Stop Work, Produce Permit” 🛑 with red ink on the walls of structures does not constitute sufficient notice under the Local Governance Act 2016 (Act 936).

Assemblies, if they intend to give notice to developers to halt construction, must do so in writing, on paper, specifying the date within which the developer must respond. Any demolition that doesn’t conform to this is unlawful.

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The GHANA LAW HUB

10/10/2022

Employment Law with UPSA Law School. #

06/10/2022

Injury in the course of employment with UPSA Law School.

12/09/2022

Breach of Promise to Marry with UPSA Law School.

08/09/2022

Parental consent in customary marriage with UPSA Law School.

05/09/2022

Desertion from Spouse for 7 years with UPSA Law School.

15/08/2022

Sexual Harassment at the workplace with UPSA Law School.

11/08/2022

Use of DNA in proof of sexual offences with UPSA Law School.

08/08/2022

Still on sexual offences with UPSA Law School.

05/08/2022

Scope of the offence of r**e with UPSA Law School.

21/07/2022

Rules of intestacy with UPSA Law School.

20/07/2022

In this article, the Author considers the concept and features of traditional arbitration vis-à-vis its relatively recent variant, statutory arbitration. The author relies on a number of statutes including recent banking and land legislation to demonstrate the difficulties with what has been referred to by some others as compulsory statutory arbitration.

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 publ...

18/07/2022

Ejection of Spouse and Children of Deceased with UPSA Law School.

07/07/2022

Making of wills with UPSA Law School.

04/07/2022

Distribution of Assets under Will with UPSA Law School.