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Citation
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Judgment date
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| March 2025 |
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Customary successor has locus to sue; land was sold not leased; trespass awarded general damages and an injunction.
Customary succession — capacity to sue — successor in title may institute action to protect land rights. Conveyance vs lease — burden on defendant to prove alleged 99‑year lease; documentary evidence decisive. Trespass — unlawful sand winning on plaintiff’s land found to be trespass. Damages — specific damages must be proved; general damages may be awarded for trespass. Minerals and Mining law — proceeds from illegal mining are matters for the State; plaintiff cannot recover proceeds as unjust enrichment.
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28 March 2025 |
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Accused convicted of conspiracy and robbery; insufficient evidence of offensive weapon use; restitution order issued.
Criminal Law - Conspiracy to commit robbery - Robbery - Stealing - Burden of proof.
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26 March 2025 |
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Court convicted three accused of conspiracy and robbery and one of stealing; weapon use not proven; restitution ordered.
Criminal law – Conspiracy to commit robbery – Robbery – Stealing – Standard of proof beyond reasonable doubt – Admissibility of caution statements – Video evidence corroboration – Insufficient evidence of use of offensive weapon – Restitution order under Act 30 s.147B.
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26 March 2025 |
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Marriage dissolved for unreasonable behaviour; custody maintained, maintenance, lump‑sum provision and vehicle awarded to the petitioner.
Family law — Matrimonial Causes Act — Divorce for unreasonable behaviour — Burden and standard of proof — Best interests of the child — Custody and access — Maintenance and financial provision (need‑based) — Property settlement — Procedural default for absent respondent.
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21 March 2025 |
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Plaintiffs proved title and possession; defendants failed to prove forgery or lawful reversion, so counterclaim dismissed and possession restored.
Land law – customary/stool land – acquisition and development conditions – proof of title and possession on balance of probabilities – allegation of forged land documents – effect of Ghana Highway Authority acquisition/stop-work instruction on development obligations – burden to prove forgery/fraud.
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21 March 2025 |
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Applicants proved title and possession; respondents failed to prove defective documents, so applicants recovered the disputed plots.
Land law – declaration of title and recovery of possession – proof of title, mode of acquisition and possession on balance of probabilities – effect of government stop-work/compulsory acquisition on ownership disputes – burden to prove alleged forged or defective title documents – counterclaim dismissed.
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21 March 2025 |
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Divorce granted where parties failed to prove alleged unreasonable behaviour but showed irreconcilable differences.
Matrimonial Causes Act (Act 367) – Divorce – Ground: broken down beyond reconciliation – s.2(1)(f); Civil standard and burden of proof in divorce petitions; Unreasonable behaviour allegations requiring corroborative evidence; Adoption of parties’ Terms of Settlement as consent judgment on ancillary reliefs.
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21 March 2025 |
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Conviction for visa-related fraud; inadmissible uncertified caution/charge statements excluded; restitution and custodial sentence imposed.
Criminal law – Defrauding by false pretence – Elements and proof beyond reasonable doubt; Evidence Act NRCD 323 s.120 – mandatory certification for cautioned/charge statements; exclusion under s.8 – defence of agency/afterthought and burden to raise reasonable doubt.
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20 March 2025 |
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Accused convicted for obtaining GHS30,000 by false pretence of securing a visa; sentenced and ordered to repay.
Criminal law – Fraud by false pretences – Elements: false representation, intent to defraud, obtaining consent to part with property; Evidence Act (NRCD 323) s120 – requirement of independent witness certification for caution/charge statements; s8 – court’s power to exclude inadmissible evidence; Burden and standard of proof – prosecution must prove guilt beyond reasonable doubt; Defence credibility – afterthought allegations and failure to substantiate third‑party agency; Sentencing and restitution – section 147B Act 30.
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20 March 2025 |
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Accused convicted for obtaining GHS20,000 by false pretence; cautioned statements excluded; sentenced and ordered to refund money.
Criminal law – Defrauding by false pretences – Elements: false representation, obtaining consent, intent to defraud; Evidence Act (NRCD 323) – Admissibility of cautioned/charge statements – section 120 certification requirement – exclusion under section 8; Credibility of defence – afterthought and failure to call material witness; Restitution order under section 147B Act 30. |
20 March 2025 |
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The court determined the accused's statements were voluntary and admissible, allowing for cross-examination on disputed content.
Criminal law – Admissibility of confession statements – Voluntariness – Standard of proof required by prosecution.
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12 March 2025 |
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Prosecution failed to establish a prima facie case for conspiracy, abetment and defrauding by false pretences; accused acquitted.
Criminal law – Defrauding by false pretences – elements: false representation, reliance and intention to defraud; Conspiracy – requirement of agreement and common criminal purpose; Abetment – need for evidence of counselling or facilitation; Evidential burden – prosecution must establish prima facie case before accused required to defend; Weight of hearsay/statements of absent but available witnesses; Investigative irregularities and possible interference undermining prosecution case.
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12 March 2025 |
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A 75-year-old man found guilty of defilement, sentenced to 10 years imprisonment; victim was 11 years old.
Criminal law - defilement - proof of age - identification of accused as perpetrator - medical evidence of sexual activity
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11 March 2025 |
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Accused convicted of indecent assault on a minor, sentenced to 24 months imprisonment; psychological counseling recommended for the victim.
Criminal Law - Indecent Assault - Burden and Standard of Proof - Credibility and consistency of victim's evidence - Accused denial and defense.
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11 March 2025 |
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Court rules on judgment by admission and applicable interest rate for US dollar-denominated debt.
Debt recovery – Judgment on admission – Interest rate on US dollar-denominated debts – LIBOR versus local commercial rate.
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10 March 2025 |
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Accused acquitted of causing harm due to insufficient prosecutorial evidence beyond a reasonable doubt.
Criminal Law - Causing Harm - Burden of Proof - Presumption of Innocence - Witness Testimony - Evidential Requirements
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10 March 2025 |
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Divorce granted where parties had irreconcilable differences, had not lived together two years, and ancillary terms were adopted by consent.
Matrimonial Causes Act 1971 (Act 367) – Divorce – Breakdown beyond reconciliation – Grounds under section 2(1) (failure to live together for two years with consent; inability to reconcile after diligent effort) – Pleaded allegations abandoned if unsupported by evidence – Adoption of Terms of Settlement as consent judgment on ancillary reliefs.
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7 March 2025 |
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The applicant was granted sole custody due to her consistent caregiving and the child's welfare needs.
Child custody - Application for sole custody - Welfare of the child as paramount consideration - Best interest principle under the Children’s Act 1998.
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7 March 2025 |
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Petitioner proved respondent’s adultery and verbal abuse; court found marriage irretrievably broken and granted divorce.
Matrimonial Causes Act — divorce on ground of adultery and unreasonable behaviour; burden and standard of proof (preponderance of probabilities); inference of adultery from circumstances; cancellation of marriage certificate; no financial provision ordered.
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7 March 2025 |
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Marriage dissolved for desertion; court adopted parties’ consent settlement on custody, maintenance and alimony.
Matrimonial Causes Act – divorce – desertion and breakdown beyond reconciliation – burden of proof and acceptance of unchallenged evidence – adoption of parties’ terms of settlement as consent judgment – custody, maintenance and alimony.
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5 March 2025 |
