Judicial Insights

20 Mar Katakyie Opoku Agyemang v. Goil Oil Company Ltd Civil Appeal No. HI/85/2023, Delivered on 21st November 2023 (Court of Appeal)

Posted at 00:17h in Judicial Insights

 “As a principle of law, the Plaintiff can rely on the weakness in the Defendant’s case when he had discharged the burden imposed on him. Once discharged, he was entitled to relief, but where he had failed to lead evidence that would constitute proof in...

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16 Jan Theophilus Donkor Vrs The Attorney General Writ No. J1/08/2017 Judgment Delivered On 12th June, 2019

Posted at 14:00h in Judicial Insights

“To the extent that section 14 of the Presidential (Transition) Act 2012, (Act 845) requires Chief Executives or Directors-General (howsoever described) of public boards or corporations to cease to hold office upon the assumption of office by a person elected as President of the Republic...

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12 Dec Tatiana Boya v. Mario D Cataldo & Cottage Italia Industries Civil Appeal No. J4/41/2015, Delivered on 13th March 2024 (Supreme Court)

Posted at 13:15h in Judicial Insights

“A court in civil matters is not required to demand of a Plaintiff proof beyond reasonable doubt. Therefore, the question that ought to be asked is whether the Plaintiff adduced enough cogent, credible and reliable evidence which, prima facie, proves her claim of directorship? In...

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29 Nov Alexander Afenyo Markin Vrs Speaker of Parliament & The Attorney General, Delivered on 12th November 2024 (Supreme Court).

Posted at 10:12h in Judicial Insights

“As already indicated above, the focus of a purposive approach to construing Article 97(1)(g) and (h), is to maintain electoral integrity, guaranteeing that where any MP’s seat is declared vacant, constituents can exercise their democratic right to elect a representative who aligns with their values....

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20 Nov Atuguba & Associates V. Scipion Capital (Uk) Ltd And Holman Fenwick Willian Llp, Civil Appeal No. J4/04/2019, 3 Apr 2019 (Supreme Court)

Posted at 14:00h in Judicial Insights

“Where the only ground of appeal filed is that the judgment is against the weight of evidence, parties would not be permitted to argue legal issues if the factual issues do not admit of any. However, if the weight of evidence is substantially influenced by...

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11 Sep Food Sovereignty Ghana Vrs The Attorney General Writ No. J1/02/2022 Judgment Delivered On 31st May, 2023

Posted at 22:46h in Judicial Insights

‘'Article 2 (1) of the Constitution empowers this Court to monitor and ensure compliance with the Constitution and for that matter, a person who alleges non-compliance and invokes the said Article 2 (1) must demonstrate clearly that the acts or omission complained of are inconsistent...

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04 Jun Justice Y. Abdulai V Ecobank Ghana Limited Writ No. H1/229/2020 Judgment Delivered On 9th March 2023.

Posted at 06:00h in Judicial Insights

“At this point, it is trite knowledge that among the most important conditions in the contract between a banker and a customer who conducts a current account is the obligation of the banker to honour the customer's cheques to the extent of the customer’s credit…...

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18 Jan Republic v. High Court (Labour Court 1), Accra Ex Parte: A&C Development Company Limited & 3 Others, Civil Appeal No. J5/63/2022, delivered on 26th July, 2022 (Supreme Court)

Posted at 10:04h in Judicial Insights

“Section 98 of Act 1036 refers only to disputes that arise in the course of the process of registration of title or interest in land falling within a registration district. The section is not meant to affect the well-established and long-standing jurisdiction of the regular...

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11 Jan NUTRIFOODS GHANA LTD. V TWELLIUM INDUSTRIES LTD. Suit No. GJ/0103/2023, Judgment delivered on 18th December 2023

Posted at 07:30h in Judicial Insights

“It is the considered opinion of the court that the Plaintiff failed to call any of the Suppliers and/or customers because it seriously did not believe that the public (suppliers/customers) are confused between the Plaintiff’s Royal King Cracker biscuits with that of the Defendant’s Alpha...

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21 Dec Asamoah Gyan vs Gifty Gyan [Unreported Judgment] Suit No: DM 0263/2018 Delivered on 31st October 2023

Posted at 05:04h in Judicial Insights

“Where two persons having legal capacity voluntarily agree to contract a marriage for reasons of convenience, or for immigration purposes, in the absence of any statute specifically rendering such a marriage void, same is valid and binding on the parties.” On 31st August 2013, the Petitioner...

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