GARNISHEE PROCEEDINGS IN GHANA

Garnishee proceedings in Ghana involves a process where a Court orders a third party who holds funds on behalf of the judgment debtor to pay the funds it holds to the judgment creditor in order to satisfy the judgment debt, costs, and the expenses of the garnishee proceedings. The third party (referred to as the “garnishee”) can be the judgment debtor’s employer, bank, or any individual or entity indebted to the judgment debtor.
Here are the key points regarding garnishee proceedings in Ghana:
Application:
The Judgment creditor initiates the process by filing an application for an order of garnishee nisi. This application is made ex parte, meaning it is submitted to the court without notice to the garnishee or the debtor. The application must be supported by an affidavit containing relevant details.
Garnishee order nisi: If the court is satisfied with the application, it issues a garnishee order nisi. This order instructs the garnishee to withhold the debtor’s funds or property to satisfy the judgment debt. The order should be served personally on the garnishee and the judgment debtor, typically at least seven days before further proceedings.
Objections by the garnishee: If the garnishee disputes the debt, they can raise objections. The court will then determine the issue either summarily or through a trial and make appropriate orders based on the findings. This process allows the garnishee to challenge the validity of the debt or claim exemptions.
Garnishee order absolute: If the court dismisses the garnishee’s objections or resolves the matter in favor of the creditor, the garnishee order nisi becomes a garnishee order absolute. This order directs the garnishee to pay the debt to the judgment creditor.
Payment to the creditor: Once the garnishee order becomes absolute, the garnishee is obligated to release the withheld funds or property to the creditor. The payment satisfies the judgment debt, costs, and any other specified amounts in the order.

LAW ON ILLITERATE PERSONS AND WRITTEN CONTRACT

Generally, an illiterate is considered as someone who cannot read and write.
In a country such as Ghana where majority of its population involves literates, the Illiterates’ Protection Ordinance (CAP 262) has made provisions to ensure that illiterates are treated fairly in their dealings with literates.
One of such fair dealings is ensuring that illiterates are well protected under the law when they enter into written contracts.
It must be noted that not all written contracts entered into by illiterates are binding on them. This is because the law presumes that an illiterate may not understand or appreciate the full terms of the contract.
Therefore, in order to hold an illiterate bound by the terms of a contract or any document, the law requires the person to prove the following:

  1. That he or she clearly and correctly read over and explained the document or caused it to be read over and explained to the illiterate;
  2. Caused the illiterate to write his signature or make his mark on the document; and
  3. Clearly wrote his or name on the document.

In conclusion, a person must prove all these requirements in order to hold an illiterate bound to the terms of a contract.

Work Eligible for Copyright

Have you ever written a poem, composed a song, or created a beautiful painting that you are incredibly proud of? Well, did you know that you have exclusive rights to that work under copyright law? That’s right, copyright is a powerful tool that protects your creative endeavors and ensures that others cannot profit from or use your work without your permission.
But what exactly can you copyright? The list is quite extensive and includes everything from literary works like books and essays, to artistic works like sculptures and photographs to computer software and even architectural designs. Basically, if you have created something that is original and fixed in a tangible form, it is likely eligible for copyright protection.
However, it is important to note that copyright does not protect ideas or facts, only their expression. So while you cannot copyright the idea for a love story, you can certainly copyright the actual novel you have written about that love story. And to be eligible for copyright protection, your work must meet certain legal standards, such as being original and demonstrating a certain level of creativity.
So whether you are a writer, artist, musician or software developer, copyright is an essential tool for protecting your creative works and ensuring that you receive the credit and compensation you deserve.

Trademark registration

In today’s Friday read, let’s dive into the exciting world of trademark registration as we follow the journey of Alex, an ambitious entrepreneur who dreams of establishing a unique brand in Ghana that will revolutionize the market
Eager to protect his creations and establish a distinctive identity, Alex sets out to learn about trademark registration.
First, Alex delves into the definition of a trademark. According to the Trademark Act 2004, a trademark can be a symbol, word, phrase, design, or a combination of these elements. It acts as a distinct representation of a product, service, or company, helping to set it apart from competitors. Alex realizes that a well-crafted trademark can establish a strong identity associated with quality and reputation.
With excitement building, Alex embarks on the journey to register the trademark. The steps unfold like a treasure hunt:

  1. Conducting the trademark search: Alex knows the importance of a unique trademark, so he diligently searches the Trademark Registry to ensure that his chosen mark is available. He wants to avoid any conflicts with existing intellectual property rights.
  2. Preparing and filing the trademark application: Confident in the availability of his trademark, Alex ensures that the trademark application is diligently completed with necessary details and filed either online or at the Registrar General’s Department’s office in Accra.
  3. Examination and publication: With the application submitted, the Registrar will examine it to determine whether it meets the necessary requirements. If approved, the trademark will be published in the Ghanaian Trademarks Journal for public notification.
  4. Opposition and approval: As the publication period begins, Alex understands that there is a period of 2 months when others may have valid reasons to oppose his registration. However, if no objections arise or if they are not upheld, Alex’s trademark will be approved.

Throughout this thrilling journey, Alex understood the importance of expert guidance. He sought the support of an accredited agent or a knowledgeable trademark lawyer to ensure the process runs smoothly.
This is just the beginning of Alex’s remarkable journey as an entrepreneur, armed with a registered trademark and a passion to make his mark on the Ghanaian business landscape.

NON-BANKING FINANCIAL INSTITUTION REGULATIONS

Hold on tight, because we’re about to delve into the thrilling world of financial supervision and regulatory.
The Bank of Ghana (“BoG”) has overall regulatory and supervisory authority over all banking and non- banking financial businesses. The regulatory and legal framework within the banking and finance industry is governed by the Banks and Specialised Deposit-Taking Institutions Act,2016 (Act 930) (BSDI Act) and the Non-Bank Financial Institutions Act 2008 (Act 774) (NBFI Act).
Today, we will be focusing on Non-Bank Financial Institutions or NBFIs.
First of all, what are NBFIs? In simple terms, a NBFI is a financial institution that offers bank-like financial services but do not hold a banking license. In Ghana, NBFIs are governed by the NBFI Act.
The NBFI Act set out the following as Non-Bank Financial Services:

  1. Leasing Operations;
  2. Money lending operations;
  3. Money transfer services;
  4. Mortgage finance operations;
  5. Non-deposit-taking microfinance services;
  6. Credit Union operations; and
  7. Any other services or operations as the Bank of Ghana may from to time by notice designate as such.

According to the NBFI Act, NBFIs are required to have a valid license issued from BoG. A person shall not be licensed to provide a non-bank financial service unless that person is a body incorporated in Ghana with the sole authorized business of carrying on of a non-bank financial service; or in the case of a credit union registered and incorporated.
A licensee shall at all times display the licence or copies of the licence, its name and a statement of the fact that it is licensed to carry on business in a legible manner on the premises at which it carries on business on the premises at which it carries on business.
It is worth noting that Non-Bank Financial Institutions licenses can be revoked and restricted by BoG.