Judicial Insights

02 Nov Charlotte Anum & Others v. The High Court Registrar, Accra & 8 Others, Civil Appeal No. J4/10/2022, Delivered on 2nd March, 2022 (Supreme Court)

Posted at 10:46h in Judicial Insights

“… Plaintiffs who have interest in the property have the capacity to take steps to protect the property irrespective of them not having the property vested in them. The executors abandoned their duties over 30 years ago, justice demands that anyone who has interest in...

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15 Aug Edmund Addo Vs The Republic [No. J3/04/2022]

Posted at 20:53h in Judicial Insights

“…notwithstanding the repeal of section 136 of Act 772 under which the accused is being prosecuted, section 34(1)(d) and (e) of the Interpretation Act, 2008, Act 792 had saved section 136 of the Electronic Transactions Act, 2008, Act 772…” The accused person met the victim, then...

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15 Aug The Republic v. High Court (Commercial Division), Accra, Ex-parte: Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party), Civil Motion No. J5/82/2022 delivered on 1st February 2023 (Supreme Court)

Posted at 20:39h in Judicial Insights

“Order 66 (3) of C.I. 47 being a creature borne out of the constitutionally circumscribed powers granted by the Rules of Court Committee, is incompetent to create a novel offence of intermeddling and the sanctions attached thereto” Gladys Nkrumah, (“Interested Party”), filed an application under Order...

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15 Aug Theophilus Teiko Tagoe, The Nungua Stool Vs. Dr. Prempeh, Benjamin Amartey Mensah, Civil Appeal No. J4/29/2022, Delivered On 26 April 2023 (Supreme Court)

Posted at 19:30h in Judicial Insights

“…the rules of Court make provision for the issuance of Form 6 once and this is done after the record of appeal is ready. There is no provision for the issuance of another Form 6 by Registrar of the Court of Appeal after corrections have...

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02 Aug South West Terminal Ltd. V Achter Land, 2023 SKKB 116 (Canlii)

Posted at 11:15h in Judicial Insights

“This court readily acknowledges that an 👍 emoji is a non-traditional means to ‘sign’ a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a ‘signature’…” In a recent ruling by the Court of King’s Bench for Saskatchewan,...

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02 Jun Mercy Blanc Aidoo V The Administrator Of The Estate Of Selwyn Okoe Boye; Suit No: H1/163/2022 Delivered On 4th May 2023 (CA)

Posted at 00:25h in Judicial Insights

“A funeral brochure does not necessarily make someone a wife. Once the assertion of lawful marriage to the deceased has been denied or challenged, she carried the burden to prove the contrary”. The Appellant issued a writ at the High Court seeking among other things, an...

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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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