Legal Notes are summaries of important legal concepts, principles, and rules. They provide a quick reference guide for lawyers, law students, and legal professionals to understand complex legal issues. Here are some Legal Notes on various topics:
– Contract Law: A contract is a legally binding agreement between two or more parties. Essential elements include offer, acceptance, consideration, intention to create legal relations, and capacity to contract.
– Tort Law: Tort is a civil wrong that causes harm or injury to another person. Key concepts include negligence, duty of care, breach, causation, and damages.
– Criminal Law: Criminal law deals with offenses against the state or society. Important concepts include mens rea (guilty mind), actus reus (guilty act), and strict liability.
– Family Law: Family law governs relationships between family members. Key concepts include marriage, divorce, child custody, child support, and spousal maintenance.
– Property Law: Property law deals with ownership and possession of property. Important concepts include real property, personal property, freehold, leasehold, and easements.
– Evidence Law: Evidence law governs the admissibility of evidence in court. Key concepts include relevance, reliability, hearsay, and privilege.
– Company Law: Company law regulates the incorporation, management, and winding up of companies. Important concepts include incorporation, shares, directors, and shareholders.
– Tax Law: Tax law governs the imposition and collection of taxes. Key concepts include income tax, capital gains tax, value-added tax, and tax deductions.
Refers to mode of dissolution of the marriage contract, governed by MCA. S 1(1) either party may present petition to court for divorce, the other may also cross-petition, S 31 either of parties must be a citizen, domiciled in Gh or Ordinary resident in Gh for 3 years’ continuous period. Sole ground for granting petition […]
Divorce Proceedings Read More »
Brings to an end and different from divorce proceedings depending on period within which it is brought, Nullity-to end on basis of voidable must be within a year of marriage except if void, Divorce-after a year of marriage, S 13 of MCA person may apply for decree of nullity for annulment of void or voidable
Nullity Proceedings Read More »
Deals with how marriage nature is affected by change of domicile or residence, changing from polygamous to monogamous, compliance with Part three of Cap 127 else conversion isn’t successful. Per In Re Appiah (Decd) Yeboah v Appiah-supra since mandatory provisions of Cap 127 not complied with, celebration in Methodist church not proper, still a customary
Concepts of Domicile and Residence Read More »
Cap 127 Part 3 of Marriages Act, strictly monogamous whereas customary is potentially polygamous-i.e. subsequent marriage under ordinance should be to same woman else bigamy and strict formal statutory requirements should be complied mere intentions won’t suffice per Appiah (Decd) Yeboah v Appiah, Wiredu J though officiating marriage minister since formal requirements not followed merely
Christian and Other Marriages Read More »
Governed by Marriage of Mohammedans Ordinance Cap 129 now Part 2 of Marriages Act. Essentials according to Mulla principles are proposal by or on behalf of parties and acceptance by the other in presence of two males or one male and two female witnesses, proposal and acceptance at same meeting else not valid, per Barake
Mohammedan Marriage Read More »
Yaotey v Quaye – performance of some funeral rites upon man’s death and this a recognized customary marriage between both. Ollenu J marriage not only union between parties but families unless withheld unreasonably. Customary successor is appointed at family meeting from the immediate family of deceased intestate. No vested right to be appointed as such.
Customary Law Marriage Read More »
Marriages Act 1884-1985, three forms of marriages recognized in Ghana namely: Customary Marriage (Part one), Marriage of Mohammedans (Part two formerly Cap 129) and Christian and other marriages (Part three formerly Cap 127) Appomasu v. Bremawuo – per Apaloo CJ two types of marriage are monogamy and polygamy, after customary marriage church ceremony wasn’t a
Types of Marriages in Ghana Read More »
Breach may take the form of non-performance (time has come for performance) or anticipatory (time yet to come) Defences include misrepresentation, bad character, mental or body infirmity making marital performance impossible and mutual release. Relief is award of damages only. For Mohammedan unless marriage completes, no rights and obligations arises, only relief is the return
Breach of Promise to Marry Read More »
A contract, set aside only by decree of nullity, Hyde v Hyde (1866) Lord Penzance – Marriage as in Christendom is voluntary union for life of one man and one woman to exclusion of all others. But polygamy a legally recognizable marriage in Christendom although valid per the lex loci of such country. Matrimonial Causes
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