Judgments

Administrative law – Interim/provisional measures – urgency, irreparable harm, prima facie case – Staff disputes – Jurisdiction under Article 9(1)(f) and (g) of the ECOWAS Court Protocol – exhaustion of internal remedies inapplicable where no effective remedy exists – African Charter claims inadmissible against ECOWAS institutions – admissibility of employment and damages claims.

Revision of judgments – Article 25 Protocol and Articles 92–93 Rules – requirement of newly discovered decisive fact unknown to Court and party – distinction between revision and appeal – inadmissibility where application seeks to re‑argue evidence and law – costs: each party bears own costs.

Administrative law — ECOWAS staff disputes — jurisdiction and admissibility — inoperative internal remedies — conversion of contract to permanent staff — eligibility of military personnel — requirement to resign — non-binding nature of Council recommendations — exclusivity of service — suspension of salary for unauthorized assumption of national office.

Human rights — Right to a fair hearing within a reasonable time (Article 7(1)(d) African Charter) — Application against State for NHRC's prolonged failure to determine complaint — Quasi‑judicial bodies covered by Article 7 — State responsibility for dissolution/non‑reconstitution of adjudicatory organ — Reparations: general damages and ordering determination of pending complaint.

Human rights — Death penalty — Mandatory death sentence and prolonged detention on death row may amount to torture/cruel, inhuman or degrading treatment; Right to health — failure to provide adequate medical care to detained persons violates Article 16 of the African Charter; Evidence and fair trial claims — burden to prove trial in absentia and denial of counsel; Remedies — commutation/release, medical care and compensation.

Human-rights jurisdiction — Temporal jurisdiction — Non-retroactivity of treaties — Events predating Court’s 2005 human-rights mandate — Continuing-violation doctrine inapplicable — Dismissal for lack of jurisdiction.

Procedural law – Striking out of applications – Rule 65(1)(b) and (c) Rules of Court – Applicant’s failure to pursue proceedings – Counsel unable to locate applicant – Restoration allowed on good cause.

Family/customary land – declaration of title – burden of proof on plaintiff; customary grants and gifts of family land; long possession as evidence of ownership; compensation for reclamation not establishing transfer absent family consent.

Land law — Declaration of title — Burden of proof on plaintiff to establish ownership by clear and acceptable evidence — Family/customary grants and gifts of land — Long possession and unchallenged evidence amounting to admission — Reclamation for development requires proof of family consent.

Procedure — Reopening pleadings — Rule 46(3) and 46(4) of the Rules — Inherent power under Rule 90 — Admission of late submissions — Consideration of newly enacted domestic legislation — Interests of justice — Precedent.

Criminal law – Unlawful damage (s.172(1)(b), Act 29) – Elements require intentional and unlawful damage – Burden of proof beyond reasonable doubt – Failure to call material eyewitnesses undermines prosecution case – Guilty plea simpliciter results in conviction and sentencing.

Family law – Matrimonial property – Section 21(1) Matrimonial Causes Act – property completed during marriage treated as matrimonial asset; entitlement may arise absent direct documentary proof of contribution. Evidence – Burden to prove ownership or contribution – documentary proof required to establish claims to specific assets. Distribution – valuation and equitable share where construction completed in marriage (20% awarded).

Procedure — Reopening pleadings (Rule 46(3)) — Inherent powers of the Court (Rule 90) — Admission of additional evidence on subsequent electoral law changes — Interest of justice — Election-related human rights.

Land law – declaration of title and recovery of possession; interlocutory and perpetual injunctions; admissions in court as conclusive evidence; claim of matrimonial interest – burden to prove marriage and financial contribution; sufficiency of lease with schedules as evidence of title.

Contract law – Offer and counter-offer; counter-offer rejects original offer; acceptance by conduct (retention of goods); burden of proof on balance of probabilities; remedies – recovery of purchase price, interest, costs.

Labour law – Collective Bargaining Agreement – Out-of-station/night subsistence and accommodation; Distinction between a transfer and a temporary assignment for special duties; Entitlement to allowances where employee required to spend nights away from recognized station; Proof on balance of probabilities; Interest and costs awarded.

Labour law – Termination of employment – Section 17 Labour Act (Act 651) – pay in lieu of notice; HR manual as policy not contract; unfair dismissal burden under Section 63(4); evidential burden for payment claims (bank statements, contract).

Criminal law – Defilement (s.101(2) Criminal Offences Act) – ingredients: victim’s age, carnal knowledge, identity. Evidence – appellate re-hearing – assessment of entire record where omnibus ground filed. Evidence – hostile/repudiating witness – effect of victim’s repudiation of earlier unsworn statements; need for corroboration. Confessions – caution/charge statements admissible but must be weighed with surrounding circumstances, including allegations of coercion. Medical evidence – probative value where timing not established and doctor not called.

Family law – Divorce – Irretrievable breakdown after diligent reconciliation efforts (s.2(1)(f) Act 367) – Financial provision – alimony refused for want of proof of means – Marital property – jointly acquired property doctrine; judicial sale and equal distribution – Burden of proof on pecuniary claim (GHC60,000) failed.

Employment law – Summary dismissal – Allegation of theft unproven; investigative committee report not determinative – Employer must prove misconduct before summary dismissal under collective agreement and Labour Act; Natural justice – query, response and disciplinary inquiry sufficient where collective agreement provides procedure; Remedies – reinstatement, back pay, damages and costs for wrongful dismissal.

Employment law – Termination of employment – Payment in lieu of notice; Compliance with express contract terms; Requirement for written notice in statute versus the parties’ contractual terms; Burden of proof in unfair dismissal claims.

Labour law – unfair termination – Section 63(4) Labour Act – requirement to prove fair reason and fair procedure; impartiality in disciplinary/termination processes. Criminal law overlap – extortion/blackmail: negotiation and threat definitions; counter-offer and threat to litigate are not extortion. Evidence – civil standard of proof (preponderance) for unfair dismissal; higher standard if criminal allegation. Administrative law – bias and acting as judge in one’s own cause (Article 23).

Assault and battery – burden and standard of proof – Evidence Act (NRCD 323) – necessity of corroboration – police report as evidence – brawl initiated by plaintiff – dismissal for failure to prove claim; costs awarded.

Criminal procedure — court-connected ADR — adoption of settlement report — consent judgment in magistrate’s court.

Wills Act (Act 360) — formal requirements for validity — writing, testator signature/thumbprint and two attesting witnesses present at same time; sequence of signatures not material if single continuous transaction. Civil allegations of fraud/forgery in probate — once proponents establish prima facie due execution burden shifts to attackers; fraud allegation requires proof beyond reasonable doubt. Evidence — party alleging fraud must plead particulars and lead credible admissible evidence; blurred/indecisive expert comparison insufficient. Intermeddling/executor de son tort — taking possession or collecting rents without appointment exposes a person to liability to account and criminal summary penalties; admission to collecting rents establishes intermeddling and liability to account.

Wills Act (Act 360) — Formal execution and attestation of wills; Burden of proof — proponent must show prima facie due execution; where fraud is alleged in civil proceedings the standard is proof beyond reasonable doubt; Intermeddling/executor de son tort — taking possession or collecting rents triggers liability to account; Remedies — accounting, perpetual injunction, costs.

Contract law – amendment of lease – presumption of literacy from documentary evidence; burden on alleged illiterate to rebut presumption. Illiterate Protection Act – requirements and limits; absence of jurat and failure to call corroborative witnesses. Unconscionable bargain – special disability; court will set aside only if dominant party cannot show fairness. Foreign‑currency pricing – compliance with Bank of Ghana directive and Foreign Exchange Act. Assignment of lease – effect of express assignment clause and estoppel by conduct/laches/acquiescence.

Contract — payment for travel services — liability to refund where services not rendered and payments retained. Evidence — burden and standard in civil claims; documentary proof required to substantiate payments and refunds. Interest — award of pre-judgment interest where money is retained since a specified date. Damages — claim for general damages dismissed for lack of pleaded and evidential support. Costs — successful claimant awarded specified costs.

Chieftaincy appeals; Article 131(4) Constitution; Article 131(2) special leave; Supreme Court Rules C.I.16 rr.7(1) & 30; time limits for leave to appeal; prima facie error; finality of chieftaincy disputes; key precedents Imbeah v Ababio, Afendza III, Dolphyne.

Chieftaincy law – National Register of Chiefs – alteration of entries – right to be heard before orders affecting statutory chieftaincy rights (s.57(5) Chieftaincy Act, 2008). Procedural fairness – audi alteram partem – personal nature of rights cannot be cured by hearing of related persons. Judicial review – certiorari – quashing of judgments made in absence of affected party; reliance on Ex parte Hawa Yakubu precedent. Civil Procedure – Order 55 High Court (Civil Procedure) Rules, 2004 (C.I.47) – notice and hearing requirements.