Clear

Featured Article

Wombs for Rent: The Ethics of Commercial Surrogacy

Wombs for Rent: The Ethics of Commercial Surrogacy

This article explores the ethical, legal, and cultural tensions surrounding commercial surrogacy in Ghana, emphasizing the need for comprehensive legislation. It compares international regulatory models and debates the merits and risks of commercialising surrogacy.

The Intricacies of Hearsay Evidence: A Legal Conundrum

The Intricacies of Hearsay Evidence: A Legal Conundrum

The article critiques the complex application of the hearsay rule in Ghanaian law despite statutory reforms under the Evidence Act, 1975 (NRCD 323). It argues that the trial judge in the Opuni case misapplied the law by relying on an inapplicable precedent, thereby causing injustice.

A Separate Economic Life in Marriage

A Separate Economic Life in Marriage

The Supreme Court of Ghana has clarified that spouses can maintain separate economic lives during marriage and that property acquired during marriage is no longer presumed to be jointly owned. This marks a significant departure from previous interpretations and reinforces individual property rights under the 1992 Constitution.

Cross-border Insolvency Proceedings

Cross-border Insolvency Proceedings

In this article, we take a conversational approach to unpack the concept of Cross-Border Insolvency Proceedings, a topic that is becoming increasingly important in today’s global economy.

Realizing A Mortgaged Property without a Mortgage Deed – Insights from the Borrowers & Lenders Act, 2020

Realizing A Mortgaged Property without a Mortgage Deed – Insights from the Borrowers & Lenders Act, 2020

This article examines whether a lender can realize mortgaged property under the Borrowers and Lenders Act, 2020 without executing a new mortgage deed for each facility. It highlights that a valid registered security, even without a fresh deed, may suffice under Act 1052 if peaceful possession is obstructed.

Employee Outsourcing and Its Legal Implications

Employee Outsourcing and Its Legal Implications

This article examines the growing trend of employee outsourcing in Ghana, comparing it with permanent employment and highlighting the legal, ethical, and operational implications. It calls for clearer legislation to address the vulnerabilities of outsourced workers and ensure fair treatment under the law.

The Pretrial Detainee in Ghanaian Civil Litigation: A Constitutional and International Human Rights Appraisal of Order 73 Of C.I. 47 and Order 12 of C.I. 59; A Case for the Expungement of Absconding Warrants from Ghanaian Civil Procedure

The Pretrial Detainee in Ghanaian Civil Litigation: A Constitutional and International Human Rights Appraisal of Order 73 Of C.I. 47 and Order 12 of C.I. 59; A Case for the Expungement of Absconding Warrants from Ghanaian Civil Procedure

This article argues that Ghana's civil procedure rules—specifically Order 73 of C.I. 47 and Order 12 of C.I. 59—violate constitutional and international human rights by allowing pretrial detention of civil defendants based solely on unproven fears. It calls for the urgent expungement of these rules, advocating modern asset-based remedies that preserve liberty.

Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities

Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities

This article argues that whilst Ghana’s statutory criminal law (via the Criminal Offences Act 1960 (Act 29) governs codified offences, it fails to formally recognise many customary offences and sanctions entrenched in Ghanaian communities. The author contends that legislative reform to amend Act 29—to explicitly incorporate valid and widely accepted customary offences and sanctions—will promote legal certainty, respect for indigenous justice systems, and harmonisation of statutory and customary legal orders.

Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana

Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana

This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual wellness devices from obscenity prohibitions, aligning law with privacy, dignity, and modern human rights norms.

Law and Society: Are We Playing Ostrich with the Current Realities of the Family System and Confusion Associated with Funerals in Ghanaian Communities?

Law and Society: Are We Playing Ostrich with the Current Realities of the Family System and Confusion Associated with Funerals in Ghanaian Communities?

This article critiques the dissonance between Ghana's evolving nuclear family dynamics and outdated customary laws governing funerals and inheritance. It advocates for legislative reform to grant nuclear families legal authority over burial arrangements, aligning law with lived realities.

Previous
1 2 3
Next