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DNA TESTS VRS GHANAIAN CUSTOMARY AND STATUTORY LAWS ON DETERMINING WHO IS A CHILD OF A DECEASED MAN

The question of who is a Child of a deceased person under the Ghanaian law is under exploration in this short article. Very often, the question of who is a child comes up due to questions of inheritance of the properties / estate of the deceased person usually the man. This is because, it is usually not up for question as to who is the mother of a child.   DEOXYRIBONUCLEIC ACID test commonly known as DNA test is a recent scientific discovery that has helped mankind answer the question of paternity more accurately amongst others benefits using scientific means. However, laws on paternity have been with mankind for a very long time and during these times, DNA was not available or affordable. In Ghana for example, despite the ubiquitous use of DNA in recent times to determine paternity, Parliament is yet to enact laws that will mandate, regulate or enforce DNA tests in Ghana. The jurisprudence around the use of DNA to determine paternity is therefore largely judicially improvised...

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 ...

The legal status of properties purchased for or in the name of a “Slay Queen/Side Chick”, or “Side Guy”.

  One cannot help but notice that we are currently in an era of the booming " slay queen " business. There is also the growing trend of " side chick " and " side guy " relationships. In these trends, it is not unusual for properties to be acquired for or in the name of the “side chick”, or “side guy”. Most often when there is a fallout in these amorous relationships there is the issue of one party attempting to retrieve all properties purchased for or in the name of the other party. This is usually met with fierce resistance from the other party whom the said property was purchased for or in whose name it was purchased. The question is, will the purchaser of the said property be able to legally recover the said property from the person the property was purchased for or in whose name it was purchased.   Generally, a person who has legal title to a property is presumed to be the absolute owner of the property unless some other person can establish a bene...