LAW TIPS Courts are bound to enforce compliance with statutory requirements and cannot rely on documents that violate such laws. NORTEY(NO.2) v AFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION (J4/47/2013) (26/2/2014)…
LAW TIP Filing application for stay of proceedings does not operate as an automatic stay unless the court direct otherwise or the application has been heard and granted. REPUBLIC v…
LAW TIP If an invalid attorney initiates the action, the entire case (writ, pleadings, evidence) collapses for want of capacity. But if a valid party initiates and the invalid attorney…
LAW TIP Failure to comply with mandatory procedural rules can invalidate the entire court proceedings. Courts have the power to set aside such proceedings in their entirety when they arise…
LAW TIP Practice Directions support court procedures but cannot override statutory laws or the rules of court. They are guidelines, not substitutes for the law. REP v HIGH COURT, ACCRA,…
LAW TIP Once the judgment creditor takes possession of the land, execution is complete and the court’s role ends (functus officio). The person in possession is free to use the…
LAW TIP If someone makes a deal for another person and clearly says so, the person they represent(principal) – not them- is responsible, as long as they act within the…
LAW TIP Even without letters of administration, a child of a deceased person can sue or defend the property of the deceased. BANDOH v APPEAGYEI GYAMFI & ANOR (J4/16/2016) (6/6/2019)…
LAW TIP When a parent dies without a will, their property passes to the child(ren) -amongst others- who immediately gain legal interest and can sue or defend their title, individually…
LAW TIP Beneficiaries of a will, without a vesting assent, have no authority to use the estate as collateral for a loan. CHARLOTTE ANUM & ANOR v THE HIGH COURT…
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