To those of us still alive and kicking, it is never too early to get our affairs in order. The vital questions you should ask yourself are: are you properly married, are you properly divorced, do you have a Will, and is that Will valid? Sometimes, great men leave behind too many headaches for the beneficiaries of their estate because they fail to organise their affairs properly while alive. You might share your property during your lifetime and retain a lifetime interest, or have your lawyer prepare a Will on your behalf. You can leave behind “last wishes” regarding your burial and final funeral rites, but always remember that once you are gone, your mortal remains become the property of your extended family, not your immediate family.
Category: Law
Right to Work and Restraint of Trade Agreements in Ghana
In recent years, contracts of employment especially for professional services executed between employers and employees in Ghana contain some provisions on restraint of trade. Restraint of Trade Agreements or Clauses (RTAs) are provisions in contracts that restrict the activities of one party after the termination of a business relationship, typically an employment agreement or a business sale/transaction. RTAs may take the form of non-competition clauses, non-solicitation clauses, non-disclosure/confidentiality clauses and non-interference clauses among others.
These clauses aim to protect the legitimate interests of the party imposing the restriction, usually by preventing the other party from engaging in certain competitive activities within a specific time period or geographic area. RTAs seek to protect the legitimate interest of employers by preventing the employees from taking advantage of trade secrets, business information, and clientele among others. RTAs are usually targeted at preventing employees from unfairly competing with their employers after the employment relationship has been severed.
Generally, RTAs are seen as restrictions on an employee’s right to work since they limit the scope of work the employee can engage in usually for a specific period after the severance of the employment relationship.
This piece thus seeks to answer three questions. The first question is whether RTAs are valid and enforceable in Ghana. The second question is to what extent will the courts in Ghana enforce RTAs? The third question is what are the remedies available if any for the breach of RTAs in Ghana?
“At least get good at selling tomatoes before getting into hard-core politics”, Prof. Raymond A. Atuguba advises young politicians to have a career or professional track record.
In a recent interview on the podcast, “All the Way Up”, the Former Executive Secretary to President John Mahama and the current Dean of the University of Ghana, School of Law, Prof. Raymond A. Atuguba shared his journey and experience of being co-opted into mainstream politics. He also shared his journey to becoming a successful lawyer and academic.
Section 98 of the New Land Act, 2020 (Act 1036) is not Novel and does not Oust the Jurisdiction of the High Court in Land Disputes: Supreme Court has Held.
The Supreme Court’s decision means that all land disputes aside from those arising out of the registration of title or interest in land in a Registration District can be commenced in the High Court at the first instance without resorting to the procedures for the resolution of disputes under the ADR Act.
ELEVEN KEYS FOR A GOOD INSTITUTIONAL DISCIPLINARY PROCESS IN GHANA
Why disciplinary actions? Every Institution or Company requires disciplined and dedicated employees to attain its vision. In this regard, the conduct and attitude of all employees of the said Institution should conform to appropriate norms and standards of behaviour which are contained in the policy document governing the conduct of employees. Generally, employers must be…
KENYAN PRESIDENTIAL ELECTION PETITION 2022 – MEDIA SUMMARY OF PRESIDENTIAL ELECTION PETITION JUDGMENT.
Kenya’s Supreme Court has ruled that William Ruto was validly elected President, dismissing 7 Consolidated Election Petitions seeking to annul the result of the 9th August Kenyan Presidential Election.
His rival, Raila Odinga, and others had alleged there had been massive fraud. But in a scathing ruling, the judges said some of the Petitioners had falsified evidence.
Mr Ruto garnered 50.5% of the vote in the closely fought election against 48.8% for Mr Odinga. The 55-year-old will be sworn in as the country’s Fifth President next week.
LAW, POLITICS, SOCIETY & DEVELOPMENT 