Judicial Insights

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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16 Mar Tieso Ghana Ltd – V – Euroget De-Investa SA (J4/34/2019) [2019] Ghasc 38 (24 July 2019)

Posted at 08:04h in Judicial Insights

“The parties contracted to be governed by the FIDIC Rules. These Rules provide for a dispute resolution process.” The Plaintiff was contracted by the Defendant to put up a 160 – bed regional hospital at Wa in the Upper West Region of the Republic of Ghana....

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16 Dec Afran -V- SG-SSB Ltd (J4/71/2018) [2019] Ghasc 15 (21 March 2019)

Posted at 18:56h in Judicial Insights

“Wrongful dismissal or unfair termination? Distinct causes of action and thresholds exist under the statute for challenging termination of employment.” The Plaintiff was the Deputy Branch Manager of the Defendant bank. The Plaintiff was presented with two transfer request letters from a corporate accountholder of the...

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16 Dec National Labour Commission -V- Ghana Telecommunication Ltd (J4/53/2010) [2019] Ghasc 12 (13 January 2019)

Posted at 18:37h in Judicial Insights

“Courts reserve the authority to re-evaluate the findings of the Labour Commission, under administrative order enforcement actions.” The National Labour Commission sought enforcement at the High Court, of an administrative order which the Commission had issued to Ghana Telecommunications Ltd, related to the dismissal of an...

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25 Nov De Simone Limited -V- Olam Ghana Ltd (J4/03/2018) [2018] Ghasc 22 (28 March 2018)

Posted at 15:53h in Judicial Insights

“ Failure to invoke lack of jurisdiction prior to pleadings in litigation, constitutes a waiver of arbitration.” The parties to a construction agreement with dispute resolution provisions which stipulated arbitration, entered into litigation proceedings for breach of contract. At the conclusion of pleadings and pre-trial processes,...

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