Judicial Insights

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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25 Nov Nicholas Affenyi & 76 Ors -V- Abosso Goldfields Limited (2018)122 G.M.J 1 S.C

Posted at 15:52h in Judicial Insights

“A company engaged in mining activities requested the inhabitants of Kyekyewere village and its adjoining area to vacate the village for the purpose of its mining operations. Upon relocation, the structures at Kyekyewere were demolished by the Company.” Having agreed with the inhabitants on the compensation...

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22 May Attorney-General v Faroe Atlantic Co. Ltd [2005- 2006] SCGLR 271

Posted at 02:54h in Judicial Insights

“An international business or economic transaction to which the Government of Ghana is a party requires Parliamentary approval. Contracts in breach of Constitutional provisions cannot be enforced.” A Company entered into a Power Purchase Agreement (PPA) with the Government of Ghana (“GoG”), acting through the Minister...

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22 May National Investment Bank Limited & 2 Ors v Standard Bank Offshore Trust Company Limited (suing on behalf of certain investors in promissory notes: Sphynx Capital Markets PCC Investors & Tricon Trade Management Limited (substituted by: Dominion Corporate Trustees Limited) 2017 113 GMJ 176.

Posted at 02:50h in Judicial Insights

“A person’s capacity to sue must be established either under a statute or rule of practice”. An Offshore Trust Company (“Trust”) instituted legal proceedings against a Ghanaian Investment Bank, on behalf of certain investors who had purchased promissory notes issued by a Company and allegedly guaranteed...

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21 May NDK Financial Services v Ahaman Enterprises & 2 Others 2015 83 GMJ 94.

Posted at 10:51h in Judicial Insights

 “…..consideration need not move from a promisee to validate a contract” A Government of Ghana (GoG) contract was awarded to a Company for the hauling of electricity poles and other electrical materials. The Company obtained a loan facility from a Bank to enable it to execute...

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