Judicial Insights

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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11 May Ogyeedom Obranu Kwesi Atta VI -V-Ghana Telecommunication Co. Ltd & Lands Commission [Unreported] Suit No.: Civil Motion No. J8/37/2021 delivered 31st March, 2021.

Posted at 07:00h in Judicial Insights

“Applications for the adduction of fresh evidence on appeal are not the sole preserve of an Appellant in the appeal; a Respondent may be granted leave to adduce fresh evidence on appeal” The Appellant appealed to the Supreme Court against the decision of the Court of...

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02 Feb National Labour Commission – V – First Atlantic Bank Limited [Unreported] [J4/62/2019] (2 December, 2020).

Posted at 07:34h in Judicial Insights

“There is a point of diversion between Redundancy occasioned under section 65(1) and 65(2) of Act 651: Redundancy under section 65(2) unlike under 65(1) mandatorily requires the employer to pay the employee Redundancy Pay”. The employment of two workers were terminated by the Appellant Bank. The...

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09 Nov Ogyeadom Obranu Kwesi Atta VI -V- Ghana Telecommunications Co. Ltd. And Another (J8/131/2019) [2020] GHASC 16(28 APRIL 2020)

Posted at 19:38h in Judicial Insights

“This was an appeal from an application for stay of execution which was deemed refused by the Court of Appeal.” In the substantive case, Ogyeadom Obranu (“Respondent”) alleged that Ghana Telecommunication Ltd (“Applicant”) had encroached on his family land. At the end of the case brought...

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07 May Bank of Africa Ltd – V – Gracefield Merchants Ltd and Others (J4/35/2016) [2020] Ghasc 2 (5 February 2020)

Posted at 13:15h in Judicial Insights

“A mortgage shall have no legal effect until it is registered.” In 2007, the 2nd Defendant (the “Mortgagor”) mortgaged his property as collateral for a loan to the Appellant (the “Mortgagee”), on consent of the Lands Commission. Both parties failed to register the executed mortgage at...

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