INTRODUCTION Vigilantibus non dormientibus aequitas succrit, “equity assists the vigilant and not those who sleep on their rights.” In Smith vrs Clay 27 E.R. 419, Lord Camden in application of this maxim held, “A Court of Equity has always refused its aid to stale demands, where a party has slept upon his right and...
INTRODUCTION When a Party is dissatisfied with a decision of a court, be it a ruling or judgement, that Party may appeal against that decision to a court with competent appellate jurisdiction. The Party who lodges the appeal is called the Appellant, and the Party who responds is the Respondent. Per the rules of court,...
INTRODUCTION In BELEWUDZI & ORS V DZOTSI & ORS [1979] GLR 173, Justice Sowah rightfully describes lower courts as creatures of statutes. The learned Justice states at page 175 as follows, “… all courts including inferior courts are creatures of legislation. The limit, scope and extent of their jurisdiction are structured in the statute...
INTRODUCTION The dichotomy between the Church and the State was epitomized in the words of Jesus Christ in the following text which is found in the book of Mark Chapter 12[1]: “Later they sent some of the Pharisees and Herodians to Jesus to catch him in his words.[2] They came to him and said,...
By Bobby Banson Esq. FCIArb[1] INTRODUCTION …’’If we never do anything which has been done before, we shall never act anywhere. The law will stand still whilst the rest of the world goes on and that will be bad for both.’’ LORD DENNING Nations develop on the payment of taxes by citizens and non-residents who...
By Kwabena Frimpong Mensah Esq.* INTRODUCTION Disputes and in effect litigation, are aspects of life that have been in existence since the days of old. The earliest form of a dispute is seen in the Bible in Genesis Chapter 13 versus 5-8 where a dispute arose between Abram and Lot over who should occupy the...
Bobby Banson, Esq, FCIArb[1] INTRODUCTION “If your knowledge of substantive law is brilliant and you have no knowledge of the rules of Court then you cannot be a “proper” lawyer.” These were the words of Justice Anin Yeboah of the Supreme Court of Ghana when I first met him sometime in 2009. In his...
Bobby Banson, Esq. FCIArb. * Background I would like to set the tone of this paper with this hypothetical situation. The Plaintiff is a limited liability company with its registered address and place of business in Tema in the Greater Accra Region. The Defendant is also a limited liability company with its registered address and...
