Let's talk about the Law in Ghana

  SO YOU WANT TO DRAW UP A WILL? WHAT IS A WILL? A Will is an instrument (a legal document) which contains the wishes of the testator on how his or her self-acquired property is to be distributed and takes effect upon the death of the testator (the maker of the will).  WHAT CONSTITUTES A VALID WILL? In Ghana, the Wills Act, 1971 (Act 360) is the governing law or authority on wills in the country especially on the making of a will, or on the giving of effect to the provisions of a will drawn up in accordance with the law. Starting from Subsection 1 of Section1 of Act 360 , the age requirement of a testator is provided for as follows: “a person of or above the age of eighteen (18) years may in writing and in accordance with this act make a will disposing of property…”. The only exception provided with respect to the ‘Age requirement’ is the members of the Armed Forces while engaged in active service of whatever age as is stated under Section 6 of Act 360; interestingly ...

  SO YOU WANT TO SET UP A BUSINESS IN GHANA– 1  You wish to fulfil a dream of setting up your own business in accordance with Ghanaian law, then this article is for you!  In setting up a business in Ghana, one of the important matters is deciding on whether or not the business shall be set up and run by a sole individual or in association with other individuals in the aim of attaining the common purpose of establishing a company. A COMPANY as it stands may either be incorporated , that is, there is a clear separation between the company and its members and in this case an artificial or legal entity is formed, or unincorporated where there is no clear distinction between the company and its members. It is important to note here that not every company in Ghana is thus incorporated. In Ghana, there are principally four (4) main structures or forms under which profit-making businesses are categorised, namely: Sole proprietorship; Partnerships; Limited Liability Compani...

  THE PEACEFUL WAY TO RESOLVE DISPUTES, AN ALTERNATIVE TO LITIGATION. " See you in Court!” This is a phrase you hear quite often. To the majority of people, LITIGATION is the only way to solve their ‘ legal wahala’ or misunderstanding with the other party. Like the saying goes, “there are so many ways to kill a cat,” so are there other alternatives to litigation. These ‘alternatives’ are the Alternative Dispute Resolution mechanisms like NEGOTIATION, MEDIATION and ARBITRATION.  You do NOT always need to resort to litigation to resolve a conflict and this is why! Firstly, whereas litigation strains the existing relationships between the parties, Alternative dispute resolution (ADR) processes strive to mend or restore that relationship. This is simple as ABC, would you sue a spouse you are still in love with during the pendency of the marriage, especially if you still want that relationship to stand the test of time? I believe your answer is no and your first alternative will ...

  MOVING A MOTION IN A GHANAIAN COURT. A MOTION is synonymous with a REQUEST/ PRAYER to the Court, thus, it ought to be made with all due REVERENCE. It should be noted that typically, before a motion is orally moved in court, the Motion Paper together with the Affidavit and Exhibits should have been filed and served on both the Court and the other party (the Respondent) in line with Natural Justice.  A motion may be on Notice (to be served on the other party) or Ex-parte (without notifying or on the blind side of the other side, typically the Respondent).   STEP-BY-STEP GUIDE ON MOVING A MOTION IN A GHANAIAN COURT: 1.     Begin by announcing your presence before the Court: Usually, the Applicant announces his or her presence first. Tell the Court your Name the right way and the Party you are representing or on whose behalf you are appearing in Court. Example: “May it please the Court, Susanette F K Simpson, for the Plaintiff/ Applicant” ...

  CUSTOMARY LAW MARRIAGE  Versus MARRIAGE UNDER PART 3 OF MARRIAGES ACT, 1885-1985 Therefore, at the appointed time, a man shall leave his father and mother and be joined to his wife, and they shall become one flesh” (Genesis 2:24). The time comes when a man and a woman seek to be joined as one through marriage both in the eyes of the law and the society; and when this time comes the question that arises is “ what type of marriage to contract?” This question, as simple and harmless as it is clothed, could have some dire consequences as each type of marriage contracted in Ghana has its unique features as well as implications so my word of caution to lovebirds intending to tie the knot is to “look before you leap!” Today’s discussion will be centred on the unique characteristics of a Customary law marriage and a Marriage contracted under Part 3 of the Marriages Act, 1884-1985 (CAP.127). CUSTOMARY LAW MARRIAGE IN GHANA: Just like the name suggests this form of m...