Legal Ink

From all of us at Legal Ink to the driving force of our nation, we say Ayekoo! #WorkersDay

From all of us at Legal Ink to the driving force of our nation, we say Ayekoo! #WorkersDay

On #LegalinkTips this week, we will look at the restrictions that the 1992 Constitution of Ghana places on the right to own and enjoy one’s interest in land.

On #LegalinkTips this week, we will look at the restrictions that the 1992 Constitution of Ghana places on the right to own and enjoy one’s interest in land.

Last week, we learned that where a person has been in adverse possession of a land for a period of more than 12 years to the knowledge of the owner, the owner is unlikely to succeed in asserting his or her rights of ownership over the land.

However, there are some situations where a trespasser would not be held to be in adverse possession despite being in possession of the land for more than 12 years.

We will look at these situations this week on #LegalinkTips.

Last week, we learned that where a person has been in adverse possession of a land for a period of more than 12 years to the knowledge of the owner, the owner is unlikely to succeed in asserting his or her rights of ownership over the land.

However, there are some situations where a trespasser would not be held to be in adverse possession despite being in possession of the land for more than 12 years.

We will look at these situations this week on #LegalinkTips.

On #LegalinkTips this week, we will look at Adverse Possession.

On #LegalinkTips this week, we will look at Adverse Possession.

Due diligence may be time consuming and expensive, but when done properly (especially with the assistance of a legal practitioner) it can save a purchaser from buying land which has a defective title, or being embroiled in prolonged legal disputes over the same parcel of land, or being defrauded by unscrupulous persons who have no interest in the property.

This week’s #LegalinkTips throws light on some actions that a potential purchaser can take to investigate the title of a vendor.

Due diligence may be time consuming and expensive, but when done properly (especially with the assistance of a legal practitioner) it can save a purchaser from buying land which has a defective title, or being embroiled in prolonged legal disputes over the same parcel of land, or being defrauded by unscrupulous persons who have no interest in the property.

This week’s #LegalinkTips throws light on some actions that a potential purchaser can take to investigate the title of a vendor.

Last week, we outlined the practical requirements for registering an interest in respect of land other than state or stool land. This week’s #LegalinkTips outlines the practical requirements for registering an interest in respect of state or stool/skin land.

This week’s #LegalinkTips outlines the practical requirements to be met at the Lands Commission for the registration of an interest in land other than state or stool land.

This week’s #LegalinkTips outlines the practical requirements to be met at the Lands Commission for the registration of an interest in land other than state or stool land.

Did you know that it is a legal requirement that any right or interest in or over land which is, by law, capable of registration must be duly registered?

This week on #LegalinkTips, we will look at the effect of registering one’s interest in land. It is important to note that the Lands Commission is the statutory body responsible for registering all interests in land.

Did you know that it is a legal requirement that any right or interest in or over land which is, by law, capable of registration must be duly registered?

This week on #LegalinkTips, we will look at the effect of registering one’s interest in land. It is important to note that the Lands Commission is the statutory body responsible for registering all interests in land.

On #LegalinkTips this week, we will consider two lesser interests in land: Customary Tenancy and License

This week’s #LegalinkTips is on Leasehold. It is important to note that the person who grants a leasehold interest is known as a Lessor and the person to whom such grant is made is known as the Lessee. Also, the agreement which creates a contractual relationship between the Lessor and the Lessee is known as a lease.

This week’s #LegalinkTips is on Leasehold. It is important to note that the person who grants a leasehold interest is known as a Lessor and the person to whom such grant is made is known as the Lessee. Also, the agreement which creates a contractual relationship between the Lessor and the Lessee is known as a lease.

Congratulations to one of our own Akua Pokuaa Kwarteng (Deputy Managing Counsel) who has been appointed Head of Legal (Domestic) for Asante Kotoko Football Club.

Congratulations to one of our own Akua Pokuaa Kwarteng (Deputy Managing Counsel) who has been appointed Head of Legal (Domestic) for Asante Kotoko Football Club.

This week on #LegalinkTips, we will discuss the nature of the freehold interest, which is a lesser interest derived from the allodial title. In other words, the freehold interest in any land is granted by the holder of the allodial title. It is important to note that the 1992 Constitution prohibits the creation of freehold interest in respect of stool lands.

One of the interests which can exist in land in Ghana is the allodial title. This week’s #LegalinkTips discusses the nature of the allodial title.

One of the interests which can exist in land in Ghana is the allodial title. This week’s #LegalinkTips discusses the nature of the allodial title.

For the next two months, #LegalinkTips will cover issues and frequently asked questions relating to Land Law & Conveyancing.

We will start with the interests which can exist in land in Ghana. The nature of these interests would be discussed in subsequent posts.

For the next two months, #LegalinkTips will cover issues and frequently asked questions relating to Land Law & Conveyancing.

We will start with the interests which can exist in land in Ghana. The nature of these interests would be discussed in subsequent posts.

🎉🎉Celebrating 15 years of indelible prints in legal practice.🎉🎉

A big THANK YOU to all our clients who have been with us on this journey, to our team members for their camaraderie that has been the livelihood of the Firm and to kith and kin of the Firm for your well wishes and prayers. #thankyou #teamwork

🎉🎉Celebrating 15 years of indelible prints in legal practice.🎉🎉

A big THANK YOU to all our clients who have been with us on this journey, to our team members for their camaraderie that has been the livelihood of the Firm and to kith and kin of the Firm for your well wishes and prayers. #thankyou #teamwork

Given that the Company Secretary is responsible for the efficient administration of a company and ensuring compliance with statutory and regulatory requirements, it is important that a person so appointed is duly qualified to perform such functions.

This week’s #LegalinkTips touches on the minimum qualification for being a Company Secretary.

Given that the Company Secretary is responsible for the efficient administration of a company and ensuring compliance with statutory and regulatory requirements, it is important that a person so appointed is duly qualified to perform such functions.

This week’s #LegalinkTips touches on the minimum qualification for being a Company Secretary.

This week’s #LegalinkTips highlights the office of the Company Secretary.

This week’s #LegalinkTips highlights the office of the Company Secretary.

If you have been wondering what you need to do in order to register your company and get your business running, then this is for you. This week’s #LegalinkTips walks you through the steps to be taken towards registration of a company limited by shares (limited liability company) in Ghana.

This week’s #LegalinkTips is on Minimum Foreign Capital Requirement To Participate in Various Business Enterprises in Ghana

Minimum Capital Requirement refers to the amount of capital prescribed by law that a foreign company or individual must have in order to operate or commence business in Ghana.

This requirement is wholly governed by Ghana Investment Promotion Council Act (GIPC) Act 2013 (Act 865) which provides specific minimum capital requirements for foreign investments in local companies as follows:

This week’s #LegalinkTips is on Minimum Foreign Capital Requirement To Participate in Various Business Enterprises in Ghana

Minimum Capital Requirement refers to the amount of capital prescribed by law that a foreign company or individual must have in order to operate or commence business in Ghana.

This requirement is wholly governed by Ghana Investment Promotion Council Act (GIPC) Act 2013 (Act 865) which provides specific minimum capital requirements for foreign investments in local companies as follows:

From all of us at Legal Ink, we wish our Muslim brothers and sisters a Happy Eid-Ul-Adha Celebration! May all your dreams and supplication come true! #eidmubarak

From all of us at Legal Ink, we wish our Muslim brothers and sisters a Happy Eid-Ul-Adha Celebration! May all your dreams and supplication come true! #eidmubarak

This week, we'll touch on Companies Limited by Guarantee and External Companies.

These are entities that require registration under the Companies Act, 2019 (Act 992),and fall within the same classification of "companies", just as companies limited by shares and unlimited companies discussed previously.

Apart from being labelled as “companies”, the remaining four business models – company limited by shares, company limited by guarantee, unlimited companies and external companies – have much in common. These entities, upon registration under the Companies Act, 2019 (Act 992), enjoy perpetual succession and are considered as artificial legal persons with their capacity distinct from the natural persons managing, controlling or owning shares in it.

Also, the management and administration of these entities are entrusted to persons acting as directors, while the members (or shareholders) take part in the company through resolutions passed at general meetings.

This week, we will look at Companies Limited by Shares and Unlimited Companies

This week, two very common business models – Sole Proprietorship and Incorporated Partnerships will be considered. What should inform one’s choice of business model should be the ease of set-up, personal liability and tax implications #LegalInkTips

Every Friday for the month of July, we will answer some of the frequently asked questions in relation to setting up and managing a business in Ghana. Today, we will start with a very simple one. #LegalinkTips

Every Friday for the month of July, we will answer some of the frequently asked questions in relation to setting up and managing a business in Ghana. Today, we will start with a very simple one. #LegalinkTips

[01/14/20]   REJOINDER: TWO LAWYERS SUSPENDED AFTER GETTING PREGNANT
It has come to the attention of the Management of Legal Ink that two pupils undergoing mandatory 12-month training with the Firm, who had been requested to defer their pupillage due to absence and irregular attendance for training on account of ill-health associated with pregnancy, have caused various discussions on social media and other circles alleging or creating the impression that they had been “sacked” or ”suspended” by the Firm. An article authored by Mr. Manasseh Azure Awuni and posted on theghanareport.com with a caption which sought to create the false impression that the Firm had suspended or punished the said pupils by reason of pregnancy.
Ours is a Firm, which has a progressive policy towards women and has almost always had more female lawyers than men. The Firm has always accorded assistance and facilities to pregnant and nursing female staff of the Firm. Two important management positions in the Firm are occupied by nursing mothers.
We wish to state unequivocally that Legal Ink has not terminated, dismissed nor suspended any pupil from the Firm for being pregnant nor has it acted in a discriminatory manner against the said pupils. In keeping with the Firm’s obligations towards the General Legal Council and considering the health and welfare of both the mother and baby as a priority, Legal Ink opted to defer the mandatory 12-month pupillage to be resumed after delivery.
It must be noted that upon successfully passing the Ghana Bar exams and after being called to the Bar, a law student is required under regulations 22 of the Legal Profession (Professional and Post-Call Law Course) Regulations (2018, LI 2355) to undergo a mandatory pupillage of 12 months before a Licence to practise as a lawyer in Ghana is issued. This forms part of the training of lawyers. Upon completion of such pupillage, the supervisor/pupil master is to attest that s/he has taken the pupil through 12 months pupillage and the pupil is now fit to be issued a licence by the General Legal Council (GLC).
During the period of pupillage, pupils may be given allowances to cater for their transport expenses and may be retained as Associates at the Firm after the pupillage upon accepting an offer to be retained. We wish to emphasise that until a pupil is retained by the Firm after the training, she/he is not an employee of the Firm.
In a situation where a pupil undergoing training for a period of 12 months is unable to be physically present in the Firm for training due to ill-health associated with pregnancy, with the Expected Date of Delivery (EDD) falling within the 12 months mandatory pupillage period, the Supervisor/Pupil Master owes an obligation to ensure that the pupil will be able to undertake the mandatory pupillage within the continuous 12 month period. In a situation like that, to expect that at the end of the period the Supervisor/Pupil Master would sign off that this pupil has undergone pupillage when that was not the case will amount to dishonesty unbefitting of a lawyer. The fair, objective and reasonable thing to do is to ask the pupil to defer the training and continue the training when that pupil is physically able to do so.
If the health/wellbeing of mother and child is juxtaposed with the responsibility of the Firm to give an honest evaluation after the period of pupillage, it would be highly unethical to require that the Firm puts its integrity on the line and sign off that a pupil has undergone pupillage when that is false. We wish to reiterate that the same policy would apply to a pupil, whether male or female, who for ill-health is unable to meet the requirements of the 12 -month mandatory pupillage under the law.
It is our firm belief that the affected pupils, as lawyers, ought to know the right forum to seek redress if they are of the view and/or conviction that their rights have been violated. Engaging Mr. Manasseh Azure Awuni, who has a personal interest due to a close personal relationship he and his wife have with one of the pupils is unprofessional. It is for this personal interest that the report failed to capture accurately the discussions between the Management of the Firm and himself. This conflict of interest situation led to a skewed report filled with accusations and name-calling seeking to tarnish the image of the Firm. For example, Mr. Awuni failed to capture in his report the fact that, apart from the pupils absenting themselves from chambers to be trained, there were times they slept in the office and virtually incapable of undertaking training even when they were present. He also failed to disclose that on one occasion, one of them was dizzy in the office and was unable to stand on her feet and had to be driven home by another lawyer.
It is pertinent to add that, a licenced lawyer would be usually asked: “who trained you?” and the answer would either bring shame or glory to the Firm and the Firm has an obligation not to produce substandard lawyers. It also has a vested interest in not producing half-baked lawyers.
The practice of certifying a trainee as having undergone a mandatory training or service is not peculiar to lawyers. Doctors undergoing housemanship are required to be certified as having been present and trained before they are licenced to practice medicine. Law Students at the Ghana School of Law, who absent themselves from class for 28 days are required to defer the course.
As a Firm, we are fully committed to protecting women’s rights and will at all times remain an all-inclusive professional law firm providing equal and fair opportunity to male and female lawyers.
Signed
MANAGEMENT