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GhaLII digitises and publishes the law of Ghana for free access to all, in partnership with the Judicial Service of Ghana.

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GhaLII is a non-profit organisation based in Accra that publishes digital parliamentary, legislative and judicial information from Ghana and ECOWAS. GhaLII's objectives include promotion of access to legal information from Ghana as a fundamental part of the rule of law. GhaLII works in partnership with the Judicial Service of Ghana.

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Recent Judgments

Service on a subordinate secretary does not satisfy s.211; originating processes must be served on the MCE or acting Coordinating Director.
Local Governance Act 2016 (Act 936) s211 – Service on District/Municipal Chief Executive; specific statutory service requirement overrides general procedural rules; service on subordinate/clerical secretary is not proper; where Coordinating Director acts as MCE he must be served personally; non‑service justifies setting aside proceedings.
4 February 2026
The third-party opponent successfully proved the prior judgment prejudiced its property rights; ownership findings were struck out.
Third-party proceedings (Art.91 Rules) – Admissibility – Prejudice to non-party rights – Ownership dispute over commercial assets – Limits of Court’s human-rights adjudication where private property title is contested – Amendment/striking of prior judgment – Costs: each party bears own costs.
30 January 2026
Court finds dismissals unlawful for breach of ECOWAS Staff Regulations and awards arrears and compensation.
Public service jurisdiction; ECOWAS Staff Regulations (Articles 67, 69, 73, 92-95); right to fair hearing; procedural due process in disciplinary proceedings; unlawful dismissal; remedies—reinstatement or salary in lieu, arrears, moral damages; costs.
30 January 2026
The Court found jurisdiction and admitted the applicant's claim of unlawful arrest, torture, detention and malicious prosecution.
Human rights jurisdiction – Article 9(4) Protocol A/Pl/7/91 (as amended) – Allegations of unlawful arrest, torture and degrading treatment – Admissibility – Criminal proceedings do not automatically oust human rights jurisdiction – ECOWAS Community Court case-law.
30 January 2026
Court finds no torture but a violation of the Applicant's right to physical integrity; awards CFA 10,000,000 and costs.
Human rights jurisdiction; admissibility (no requirement to exhaust domestic remedies); victim status; prohibition of torture vs. injury in crowd-control context; right to physical integrity (ACHPR Article 4); reparations and costs.
29 January 2026
Court dismissed torture claim but found State liable for violation of applicant's physical integrity and awarded damages.
Human rights jurisdiction — admissibility (no exhaustion requirement) — victim status — distinction between torture/cruel treatment and unlawful use of force — violation of physical integrity — compensation awarded.
26 January 2026
Municipal road reservation designation defeats the applicant’s ejectment claim despite historical family allodial title.
Land law — Allodial title v. compulsory acquisition — road reservation/buffer zone — municipal planning control — admissibility and weight of planning documents and official testimony — presumption of regularity (s.37 Evidence Act) — burden to rebut permissions and allegations of fraud — trespass and injunction where occupation is by municipal licence.
21 January 2026
A plea of res judicata cannot defeat a declaration of title at preliminary stage absent evidence; strike-out dismissed.
Civil procedure – strike out – Order 9 Rule 6 – proper party – declaratory relief – agency defence – res judicata (estoppel per rem judicatam) – necessity of evidence to establish plea of res judicata – summary dismissal only where claim clearly unsustainable.
20 January 2026
Administrator’s enforcement of a decades‑old judgment barred by limitation; letters of administration did not revive extinguished title.
Limitation Act 1972 (NRCD 54) – sections 5(2), 10(1), 10(6) – accrual of cause of action – extinguishment of title by lapse of limitation – administrators’ capacity and effect of letters of administration – res judicata – enforcement of judgment.
17 December 2025
Mandamus compelling the respondent to transmit CD Forms affirmed; a petition filed after the demand is not a legal impediment.
Chieftaincy Act s.62(1) – Mandatory duty of Regional House of Chiefs to report installations – Mandamus to enforce statutory duty – Demand and constructive refusal by inordinate delay – Petition filed after demand not a legal impediment – Judicial review/remedy.
17 December 2025
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