Judicial Insights

16 Jan ESI YEBOAH ALIAS JUSTINA MONNEY V. MFANTSEMAN MUNICIPAL ASSEMBLY SUIT NO. UNREPORTED DECISION OF THE HIGH COURT MANKESSIM SUIT NO: A2/06/2021 DATE: 13TH OCTOBER, 2022.

Posted at 01:02h in Judicial Insights

“It is my considered view that writing on people’s structures does not conform to the intentions of the Act and by the wording of both sections of the Act, if the Assembly decided to give notice, it has to be in writing, on paper, specifying...

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17 Aug Otis Asante Vrs Anowah Afrique Limited, Civil Appeal No.: H1/54/2022, Delivered On 10th March, 2022

Posted at 18:31h in Judicial Insights

“… after a writ of summons is filed at the Registry of any Court, the most important step to be taken after the issuance of the writ, is for the service of the writ on the Defendant.” The Plaintiff/Respondent (“Respondent”) filed a writ of summons at...

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22 Mar The Republic V High Court (Criminal Division 9), Accra, Exparte: Ecobank Ghana Limited; Origin 8 Limited & Greater Accra Passenger Transport Executive (Interested Parties) Civil Motion No. J5/10/2022 Delivered On 18th January, 2022.

Posted at 07:03h in Judicial Insights

“… we reject the view of the trial judge, supported by the interested party, that in enacting C.I.132, the rule maker intended to take away the well-settled jurisdiction of the High Court in relation to applications for stay of execution and of proceedings pending appeal.” After...

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03 Dec Republic V. High Court, Wa Exparte Liquidator DKM Diamond Microfinance Ltd. & ORS. [Unreported Judgment] Civil Motion No. J5/52/2020 Delivered On 25 November, 2020.

Posted at 14:07h in Judicial Insights

“What it means in simple language is that upon commencement of a winding up, only secured creditors are allowed as of right to sue or continue with pending civil proceedings for the realization of their security. Any other person who has a cause of action...

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26 Oct Ama Serwaa v Gariba Hashimu and Issaka Hashimu [Unreported Judgment] Civil Appeal No. J4/31/2020 Delivered on 14 April, 2021.

Posted at 19:53h in Judicial Insights

“The circumstances under which a promise of marriage would be inferred must also be given considerable thought in order to solve two problems: forestalling the situation of blackmail which has discredited this action, and discouraging unscrupulous persons from taking advantage of others.” The parties met between...

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26 Jun Dalex Finance and Leasing Company Ltd. v Ebenezer Denzel Amanor and Ors [Unreported Judgment] Suit No. J4/02/2020 Delivered on 14 April, 2021.

Posted at 17:51h in Judicial Insights

“The law has been careful to limit the acts of officers and agents that could be deemed acts of the company to particular transactions. Officers and agents have no general authority for their acts to be turned into acts of the company even if they...

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26 Jun Abubakar Umar & Anor V National Health Insurance Authority (NHIA) Civil Appeal No. J4/1/2020 Judgment of the Supreme Court dated 24th March, 2021.

Posted at 17:40h in Judicial Insights

Even where it has not been pleaded as a remedy, “the courts have not hesitated in the interest of justice to [reverse] ‘…the unjust enrichment of [a] defendant through its retention of the benefit of [a] plaintiff’s services without any payment for them...

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21 Jun Florini Luca & Florini Alesandro V. Mr. Samir, Divestiture Implementation Committee & AG Civil Appeal No. J4/49/2020- Judgement of the Supreme Court Dated 21st April, 2021.

Posted at 07:00h in Judicial Insights

“…a Power of Attorney constituted by a statutory declaration attested by a Commissioner for Oaths or Notary Public has more gravitas than one stated on a paper signed by the donor and attested by a witness without an oath…”   The Plaintiffs, two Italian nationals, instituted...

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21 Jun Ernestina Boateng V Phyllis Serwaa & 2 Ors Civil Appeal No. J4/08/2020 Judgment of The Supreme Court Dated 14th April, 2021.

Posted at 06:30h in Judicial Insights

" In Family Law, a marriage is either valid or invalid and there is no third category of "marriages of convenience" or "connection marriages" which are partly valid for some purposes and partly invalid for some purposes."   The wife met the husband in Belgium. They got...

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20 May Peter Adjei V Magaret Adjei(Civil Appeal No: J4/06/2021) Judgment of the Supreme Court dated 21st April, 2021

Posted at 06:30h in Judicial Insights

“Property acquired by spouses during marriage is presumed to be marital property. Upon dissolution of the marriage, the property will be shared in accordance with the “equality is equity” principle except where the spouse who acquired the property can adduce evidence to rebut the presumption”....

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