Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia
Adjudication of issues in the Ghanaian jurisdiction can be traced back to the pre-colonial era wh... more Adjudication of issues in the Ghanaian jurisdiction can be traced back to the pre-colonial era where powers were vested in chiefs, elders, and representatives of all the major tribes. Chiefs and elders adjudicated on most issues with the family heads serving as lawyers. During the colonial era, judicial powers were vested in the Privy Council, which took away the powers of the chiefs and elders. At times parties to a dispute may want to resolve the dispute in a form other than the normal court system, hence the alternative dispute resolution (ADR). However, ADR lacks stare decisis since it set no precedent to guide similar disputes in the future. Also, there is no right of appeal when parties opt for ADR. The purpose of this chapter is to assess the use of ADR in Ghana, the challenges, and the way forward.
During the middle ages, people began to band together to form their first business groups. They w... more During the middle ages, people began to band together to form their first business groups. They were associations of merchants. Some of them had the goal of establishing a monopoly over the local trade or over a particular commodity. In order to reach this goal, incorporation of it was necessary and essential. At the time, the only way to officially establish a business was to obtain a charter from the Crown. At the close of the 16th century, guilds gained popularity as a direct result of the expansion of outside trade. A lot of laws over the years were enacted to regulate company establishments. Ghana in 1957, declared its independence from the United Kingdom. The Companies Ordinance of 1907 was the first piece of law that colonial legislators enacted that was intended to serve as a general regulation on companies for the Gold Coast. In 1959, the process of tailoring Ghanaian company law began as this was the first step in customizing Ghanaian company law. This paper analyzed the historical background of company law in relation to the twin concepts of separate legal entity and limited liability. KEYWORDS: Act 179, Act 992, Separate Legal Entity, Limited Liability
Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia
Adjudication of issues in the Ghanaian jurisdiction can be traced back to the pre-colonial era wh... more Adjudication of issues in the Ghanaian jurisdiction can be traced back to the pre-colonial era where powers were vested in chiefs, elders, and representatives of all the major tribes. Chiefs and elders adjudicated on most issues with the family heads serving as lawyers. During the colonial era, judicial powers were vested in the Privy Council, which took away the powers of the chiefs and elders. At times parties to a dispute may want to resolve the dispute in a form other than the normal court system, hence the alternative dispute resolution (ADR). However, ADR lacks stare decisis since it set no precedent to guide similar disputes in the future. Also, there is no right of appeal when parties opt for ADR. The purpose of this chapter is to assess the use of ADR in Ghana, the challenges, and the way forward.
During the middle ages, people began to band together to form their first business groups. They w... more During the middle ages, people began to band together to form their first business groups. They were associations of merchants. Some of them had the goal of establishing a monopoly over the local trade or over a particular commodity. In order to reach this goal, incorporation of it was necessary and essential. At the time, the only way to officially establish a business was to obtain a charter from the Crown. At the close of the 16th century, guilds gained popularity as a direct result of the expansion of outside trade. A lot of laws over the years were enacted to regulate company establishments. Ghana in 1957, declared its independence from the United Kingdom. The Companies Ordinance of 1907 was the first piece of law that colonial legislators enacted that was intended to serve as a general regulation on companies for the Gold Coast. In 1959, the process of tailoring Ghanaian company law began as this was the first step in customizing Ghanaian company law. This paper analyzed the historical background of company law in relation to the twin concepts of separate legal entity and limited liability. KEYWORDS: Act 179, Act 992, Separate Legal Entity, Limited Liability
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KEYWORDS: Act 179, Act 992, Separate Legal Entity, Limited Liability
KEYWORDS: Act 179, Act 992, Separate Legal Entity, Limited Liability