AN OVERVIEW OF THE PUBLIC PRIVATE PARTNERSHIP ACT, 2020 (ACT 1039)
Abstract The social contract requires governments to provide for the citizens’ basic needs such as infrastructure and services or create an enabling environment for these needs to be provided to promote development. One of the ways for governments to achieve this goal is to embark on a public-private partnership project. Public Private Partnership (PPP) is […]
LITIGATION FUNDING- HOW FAR AWAY IS IT FROM GHANA?
Litigation funding, also known as Litigation Financing describes a situation where a third party “Financier”, with no prior connection to the litigation, provides capital to a Plaintiff in litigation and in return receives a portion of what the Plaintiff recovers from the litigation. The agreement to fund litigation is usually non-recourse, i.e., where there is […]
DEVELOPMENT OF VIRTUAL ASSETS AND THEIR IMPLICATIONS FOR FINANCIAL STABILITY RISKS AND REGULATION – THE CASE FOR GHANA
Abstract Virtual assets have gained increasing attention due to their rapid growth and so has the interest around its implication for the traditional financial system including financial stability. This paper seeks to assess the financial stability of virtual assets through regulation with specific emphasis to Ghana and considers the current regulatory regime in Ghana including […]
THE LAW ON SURROGACY IN GHANA: THE NEED FOR ITS REGULATION
Introduction Assisted Reproduction Technology (ART) is gradually replacing the traditional conception methods as it is able to meet the needs of couples and individuals. It is used to treat infertility and, in some instances, adopted by some couples due to its convenience. ARTs can be defined as all the fertility treatments in which either eggs […]
TAX PLANNING IN TIMES OF FISCAL CRISIS; STRATEGIES FOR THE CORPORATE FIRM
ABSTRACT Corporate law firms fall within the Micro, Small, and Medium Enterprises in Ghana. Tax laws apply to all corporate firms as it is to other businesses. As people with knowledge of the law and its practice, it is incumbent to appreciate and take advantage of provisions that give room for firms to plan their […]
ACADEMIC FREEDOM IN GHANA: AN EVALUATION OF THE PUBLIC UNIVERSITY BILL 2020
ABSTRACT Universities across the world have developed a system of governance that regulates their affairs. Just like a democratic government, there are representatives of the student body who seek to advance the interests of students in a stimulating academic environment. The 2020 Public University Bill of Ghana sought to regulate the activities of public universities […]
INHERENT JURISDICTION AND THE LOWER COURTS; WHY THE LOWER COURTS SHOULD BE CLOTHED WITH INHERENT JURISCTION
Introduction The inherent power of the court to exercise its procedural jurisdiction to avoid injustice and ensure efficiency in litigation has long been recognized as a fundamental element of the administration of justice. Jurisdiction can be defined as that power which the Superior Court has to decide the matters that are litigated before it or […]
REGULATING THE EMPLOYMENT OF DOMESTIC WORKERS; A LOOK AT THE LABOUR (DOMESTIC WORKERS) REGULATIONS
ABSTRACT Domestic workers in Ghana for a long time were not regulated by law and were at the mercy of employers who paid them a pittance for work done. In order to put a stop to this, the Minister for Labour by the authority conferred on him under section 174 of the Labour Act, 2003 […]
THE BURGEONING FINTECH INDUSTRY; ITS REGULATION IN GHANA
Abstract Over the last decade, Financial Technology (FinTech) has grown astronomically all over the world. Almost every day, we hear of a new application software, built to help us execute financial transactions with ease. Our media space is fraught with advertisement of these applications. All these applications aim at making transactions simple and hustle-free. While […]
BREACH OF PROMISE TO MARRY
Breach of promise to marry is a common law action which is imbedded in the conception of marriage in the Anglo-saxon society. Marriage was seen in this society as a sacred duty and therefore a failure to honour a promise of marriage was a serious matter. Against this background, marriage was under the jurisdiction of […]
OVERVIEW OF INCOME AND GAINS ASSESSABLE TO TAX
Applicable laws as at May 2014: Internal Revenue Act, 2000 592, as amended • Internal Revenue Regulation, 2001 LI 1675 with amendments • Internal Revenue (amendment) regulations, 2011, LI 1997 WHAT IS INCOME and WHAT IS INCOME TAX Before one can clearly identify what income is assessable to tax one should have an appreciation of […]
LAWYER, DO I HAVE A CASE?
This is a question that always pops up from clients and potential litigants after they have narrated the ordeal they have gone through with their opponents to their lawyer. Every potential litigant would want to have a fair assessment of the final outcome of the intended litigation. In that regard, he would copiously go through […]
PROCEDURE RELATING TO TAX APPEALS
Applicable Laws: Section 128 Act 592, as amended (Objections) • Order 54, CI 47 High Court Civil Procedure Rules 2004 (CI 47) (Appeals) Tax Appeals are an area of litigation that arises from disagreements regarding the extent of tax liability assessed by the Commissioner General and the tax liability proposed by the taxpayer. WHAT EXACTLY […]
TRANSITION OF MATRIMONIAL PROPERTY RIGHTS IN GHANA UPON DISSOLUTION OF MARRIAGE IN THE LIGHT OF MODE
“Property is the pivot of civilization.” Leon Samson The right to own property is one of the fundamental rights that any civil society safeguards and Ghana is no exception. Article 18 of the 1992 Constitution of the Republic of Ghana clearly states that every person has the right to own property either alone or in association with others and […]
PUBLIC PRIVATE PARTNERSHIP- A MODEL FOR PUBLIC INFRASTRUCTURE PROCUREMENT
Presentation Thrust: Understanding different types of agreements and contracts used in the procurement of infrastructure projects. 1.0 PROJECT FINANCING “Project financing is the financing of the development or exploitation of a right, natural resources or other assets where the bulk of the financing is to be provided by way of a debt […]
LEGAL FRAMEWORK FOR CONSTRUCTION (BUILT ENVIRONMENT) IN GHANA
ABSTRACT Construction is critical for the growth and development of every nation and Ghana is no exception, contributing an average 2735.47 million Ghana Cedis from 2016 until 2018, reaching an all-time high of 3587.37 million Ghana Cedis in the 3rd Quarter of 2018 representing some 14.2 percent of the Gross Domestic Product. It is a sector […]
THE ELECTRONIC TRANSACTIONS ACT 2008 (ACT 772): IMPLICATIONS FOR THE LAWYER
ABSTRACT The increase in the use of electronic means in communicating opens up the avenue for courts to conduct cases more conveniently and remotely. The Electronics Transactions Act (2008) therefore acknowledges this means of communication which has become a part and parcel of human interaction and seeks to assist the courts in integrating such a […]
