Just like any ordinary contract, a contract of employment must have all the elements of a valid contract before it may be enforceable. Before executing that contract however, there are various factors that a prospective employer as well as a prospective employee must look out for. In the next few posts, much dedication would be …
Author Archives: ayabaattorney
WHO GETS THE CHILD? FACTORS TO CONSIDER IN GRANTING THE CUSTODY OF A CHILD TO A PERSON
There is a Portuguese saying that “when the sea clashes with the rock , the clams suffer”. This is similar to the oft cited Kenyan adage that “when two elephants fight it is the grass that suffers”. Indeed, children are considered part of the “vulnerable” in the society and the most affected when there are …
A BRIEF OVERVIEW OF THE USE OF A WITNESS STATEMENT IN THE COURTS OF GHANA AND HOW TO OBJECT TO ITS CONTENT
What is a witness statement? In every civil action, after the preliminary proceedings have been dealt with and all the rules complied with, the parties shall make an application for direction to the court subject to Order 32 of CI 47 (apart from those excluded by the rules) to enable it co. The High Court …
RECOVERY OF COSTS OBTAINED WITHOUT THE ORDER OF THE COURT, IN LIGHT OF WITHDRAWING OR DISCONTINUING AN ACTION IN COURT
The court is enjoined by law to encourage the resolution of disputes through alternative means other than litigation. Therefore, what power has the court to force a party who wishes to discontinue or withdraw an action to keep litigating? However, the rules of court prescribe the manner in which such discontinuance or withdrawal of actions …
BREAKING THE YOKE OF BONDAGE: THE CIRCUMSTANCES UNDER WHICH A LOWER COURT MAY DEPART FROM A BINDING PRECEDENT
The Principle of Stare Decisis Article 129 of the Constitution acknowledges the Supreme Court as the final court of appeal which shall have such appellate and other jurisdiction as may be conferred on it by the Constitution itself, as well as any other law. According to the Constitution, the Supreme Court which is the apex …
IRREGULAR CHARGE SHEETS: IS THERE A METHOD TO THIS “MADNESS”?
The Criminal and Other Offences (Procedure) Act, 1960 (Act 30) provides the means of instituting criminal proceedings in the various courts. Article 88(2) and (3) of the Constitution stipulates that the Attorney General shall be responsible for the initiation and conduct of all prosecutions of criminal offences and all offences prosecuted in the name of …
Continue reading “IRREGULAR CHARGE SHEETS: IS THERE A METHOD TO THIS “MADNESS”?”
WHO WATCHES THE WATCHMAN? AN OVERVIEW OF THE POLICE DISCIPLINARY PROCEEDINGS
As a citizen of Ghana, have you ever wondered how the officers of our law enforcement agencies are dealt with when they misconduct themselves or engage in criminal activities?
Have you as a lawyer, also wondered how disciplinary proceedings of the Police Service, whether formal or summary, are conducted?
Well, here is an exposition into the conduct of an aspect of disciplinary proceedings by the Police Service.
My First Blog Post
“Writers must keep spilling their guts to the public until they go from saying ‘Eew, that’s gross’ to ‘Wow, look at that! Show us more!!’ to ‘Put it away, we’ve seen it before.” Stewart Stafford It is true, I am now getting started. However, be definitely sure that there will always be something (a word …
WRITING IS AN EMOTION!
Translating my thoughts and probes into a trail of words and phrases that convey a message makes my heart happy, even if it can only be understood or appreciated by a single mind. Just a single drop of ink on paper is all that is required to get started…..
The Attorney's Reverie! 