Skip to main content

Posts

SOME COMMON CRIMES AND THEIR CORRESPONDING PUNISHMENTS : ACT 29 IN VIEW (PART 1)

  Whilst most crimes in Ghana are recorded in the Criminal and other offences Act of 1960, Act 29, a reader is not likely to find their corresponding punishments for these offences in that law. This makes it difficult for most people to know what kind of punishment awaits them when they are found to have committed an offence. Article 19(11) of the constitution (1992), makes it illegal for anyone to be punished for an offence whose punishment is not written. It says as follows; “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law”.   Part VI of the Criminal Procedure Act of 1960, Act 30 provides for most punishments for crimes in Ghana. Most crimes found in other laws apart from Act 29 and Act 30 usually come with their punishments in those other laws and where there is no punishment, there will be words that will lead to the fact that the punishments can be found in Act 30.   For the purpose of

BUYING A GENUINE LAND IN GHANA – A USEFUL GUIDE TO POTENTIAL LAND OWNERS

We cannot downplay the importance of land in any human endeavour. Various countries have set up various legal regimes to govern the acquisition and use of land and Ghana is not an exception. It is safe to say that Ghana’s laws on land have evolved over the years through our common experiences. These common experiences have found expression in our representatives who have put together the current principal legislation to govern land in Ghana known as the LAND ACT, 2020 (ACT 1036). For purposes of easy reference, I shall refer to this law as “ the Act ” or “ Act 1036 ” as we go on. The Act has put in place several measures to make land acquisition and use easy, safe and legitimate for all. In this article, I will touch on a few sections that I believe will relate to everyday transactions in relation to land purchase and use. TYPES OF INTERESTS IN LAND When you buy land, what do you get? Do you get the right to own it forever? Does the right to own land allow you to do anything you wish o

LAW ON DISTRIBUTION OF MARITAL PROPERTY UPON DIVORCE : ONE FOR ME, ONE FOR HIM - FAIR OR FOUL?

  I bought a piece of land before getting married. I registered it in my name and even started building on it before getting married. But upon marriage, my husband and I agreed that rent would not help us so he helped me to finish the building and we all moved in to live as husband and wife. Now our marriage is on the rocks, and we are getting a divorce. Why should the man who has treated me so badly get a share of this house which is registered in my personal name and not our joint names. Does it not belong to me alone? Can such a property be classified as a marital property? The above scenario and many more are questions that disturb the peace of many people about divorce. The question of “marital property” and how it should be shared. The Law in Ghana on distribution of marital property is very simple and complex at the same time. The law says EQUALITY IS EQUITY . The properties of the couple must be shared in such a way that every person would be equally and adequately catered for.

HOW TO DEAL WITH LOAN DEFAULT

    Social media has been buzzing with a picture of a writing on the walls of an alleged loan defaulter. The writings also allege that QUICK CREDIT, a popular loans company, is the person behind the writings. Let me say here that I have not done any independent check to confirm if Quick Credit is behind the writings on the walls of the person and this article is not in any way intended to take-on the said company but rather provide general advice to the public at large. This “quick credit” defaulter and other issues concerning how companies treat customers who default in paying loans has inspired my decision to take up this topic and share a few tips to both individuals and companies alike.   This Article will throw some light on the rights of a defaulter as well as the right of the creditor and what the two parties can safely do to ensure they do not fall at the wrong side of the law.   To set the tone, let me share the story of a client whose name I cannot mention. This client took a