Undue Influence
There has been no express statements made with respect to the elements of undue influence from my research so far, but from my readings I am of the view that two elements can be established: Elements of Undue Influence Agreement Improper pressure without violence Remedies available to an aggrieved person is to set agreement aside
Removal of Shareholder
(Removal of Shareholder of a Company) “Membership of a company with shares continues until a valid transfer of all the shares held by the member is registered by the company, or until all the shares are transmitted by operation of law to another person or forfeited for non-payment of calls under the Regulations, or until
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Order of Prohibition
Definition It is trite learning that prohibition is an order restraining a court or a public authority from acting outside its jurisdiction. The Republic v High Court, Accra. Ex Parte; Dan Ashie Kotey (SCGLR) Civil Motion No.: J5/9/2015 Prohibition is a prerogative order of the High Court, directed at a lower court, inferior tribunal or
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Res Judicata
Definition: Citing the case of Ababio v. Ohene Doku Kanga (1932) 1 W.A.C.A. 253 at p. 245: “Estoppel per rem judicatam is the rule that a final decision of a Court of competent jurisdiction once pronounced between parties cannot be contradicted by any one of such parties as against any other of such parties in
Neutrality & Removal of Electoral Commission
Article 43(2) of the 1992 Constitution provides that the members of the Electoral Commission shall be appointed by the President under article 70 of the said Constitution. Article 45 of the said Constitution provides as follows the functions of the Electoral Commission: to compile the register of voters and revise it at such periods as
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Limitation of Insurance Claims
“Actions in tort claiming damages for personal injuries are barred after three years. Other actions in tort and actions in contract, to enforce a recognisance or an award, or to recover money, are barred after six years.” Memorandum to Limitation Act, 1972 (Act 54) “A person shall not bring an action claiming damages for negligence,
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Child Custody
Motion on Notice for an Order varying or rescinding a particular court order (custody, support and care of child and financial provision) SECTION 27(1) OF THE MATRIMONIAL CAUSES ACT, 1971 (ACT 367) AND ORDER 65 RULE 27 OF C.I. 47 “(2) The Court may, either on its own initiative or on application by a party
Implied Injunctions
INJUNCTION AND IMPLIED INJUNCTION Injunction may be defined in two broad senses. In the Ordinary Sense, it means an authoritative warning or order, according to Google. In the Legal Sense it refers to a Judicial order restraining a person from acting or compelling a person to act in accordance with the said order. The question
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Dissolution of Islamic Marriages
Whether or not the Islamic marriage has been registered under the new Marriages Act1884-1985 (CAP 127). Governed by Marriage of Mohammedans Ordinance Cap 129 now Part 2 of Marriages Act (CAP 127). Section27 of CAP 127: Mohammedan marriage celebrated or dissolved after Act’s commencement void unless registered. Production of certificate in court is proof of
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