|
Citation
|
Judgment date
|
| April 2025 |
|
|
Court orders replacement of improper roofing sheets and awards damages for contract breach.
Contract Law - Sale of Goods - Breach of Contract - Specific Performance - Damages Assessment - Seller's Obligation
|
30 April 2025 |
|
Accused acquitted where prosecution failed to prove dishonest appropriation of funds for engine purchase beyond reasonable doubt.
Criminal law – Stealing – elements: appropriation, dishonesty, non‑ownership; Burden of proof – prosecution must prove guilt beyond reasonable doubt; Defence may rebut by raising reasonable doubt; Evidentiary sufficiency – verification of vendor payments and credibility of receipts; Civil remedy available for recovery of disputed funds.
|
30 April 2025 |
|
The plaintiff proved title and possession; the defendants' occupation was trespass, warranting recovery, injunction and damages.
Land law – declaration of title – proof of root of title and mode of acquisition by deed of indenture – registration at Land Title Registry – proof of possession and development – trespass by occupiers – procedural consequence of non-attendance (striking out defence) – remedies: declaration, injunction, recovery of possession, damages.
|
29 April 2025 |
|
Prosecution failed to prove beyond a reasonable doubt that accused committed defilement; accused acquitted.
Criminal law - defilement - burden of proof - alibi defense - failure to investigate alibi - material witness
|
29 April 2025 |
|
Accused convicted of conspiracy and human trafficking; sentenced to concurrent nine‑year terms and victims compensated.
Criminal law – Human trafficking and conspiracy – recruitment, transportation and induced prostitution – admissibility and weight of caution/charge statements – jurisdiction over non‑citizens under Courts Act – sentencing for deterrence.
|
29 April 2025 |
|
Court convicts accused of defilement and assault, imposing 17 years imprisonment, orders psychological counselling for child victim.
Criminal Law – Defilement under 16 – Assault causing harm – Evidence required for conviction – Sentencing considerations in defilement cases, including victim's age and accused's relationship to the victim.
|
29 April 2025 |
|
Whether an implied retrieval duty absolves the respondent who retained and used the applicant's hired equipment beyond contract.
Contract law – hire of goods – oral agreement – implied term regarding retrieval of hired equipment – retention and use after expiry constitutes breach – distinction between bailment and hire – assessment of general damages and post‑judgment interest.
|
28 April 2025 |
|
Court dismisses no case submission; accused must open defense in fraudulent breach of trust case.
Criminal law - Fraudulent breach of trust - Submission of no case - Prima facie evidence.
|
28 April 2025 |
|
Persistent non-communication constituted unreasonable behaviour and justified dissolution of the marriage on balance of probabilities.
Matrimonial Causes Act 1971 (Act 367) – Divorce – Unreasonable behaviour (s.2(1)(b)) – Failure to communicate for extended period – Burden of proof on balance of probabilities – s.2(3) breakdown beyond reconciliation – Single witness evidence sufficient.
|
25 April 2025 |
|
Whether respondent’s prolonged failure to communicate constituted unreasonable behaviour warranting dissolution of the marriage.
Matrimonial Causes Act (Act 367) – divorce – unreasonable behaviour (s 2(1)(b)) – breakdown beyond reconciliation (s 1(2), s 2(3)) – burden of proof on balance of probabilities – single witness evidence sufficient – respondent’s absence/waiver to be heard.
|
25 April 2025 |
|
Judgment on admission granted where respondent’s partial admissions and conduct established liability to refund GH¢50,000.
Civil procedure – Order 23 Rule 1 CI 47 – Judgment on admission – Partial admissions in pleadings and conduct may justify judgment on admission; partnership/agency inferred from conduct; award of principal, interest and costs.
|
25 April 2025 |
|
The applicant could sue to recover jointly acquired matrimonial property despite documentation being in the deceased husband’s name.
Land and title – Matrimonial property presumed joint where acquired during marriage – Capacity to sue by surviving spouse – Requirement for conclusive proof of sale by deceased – Documentary evidence must specifically describe subject matter – Hearsay evidence about deceased’s transactions accorded little weight – Relief: declaration of title, possession, perpetual injunction, costs, and assessment of rent.
|
17 April 2025 |
|
Accused acquitted where prosecution’s inconsistent evidence failed to prove fraud by false pretence beyond reasonable doubt.
Criminal law – Defrauding by false pretence – Burden and standard of proof – Material inconsistencies in prosecution evidence – Mobile money transfers – Acquittal where contradictions go to root of case.
|
15 April 2025 |
|
|
11 April 2025 |
|
Marriage dissolved where respondent’s prolonged refusal of intimacy and medication made cohabitation unreasonable.
Matrimonial Causes Act 1971 (Act 367) – Divorce – Breakdown beyond reconciliation – Unreasonable behaviour (s.2(1)(b)) – Burden and standard of proof (preponderance of probabilities) – Sufficiency of single witness evidence – Effect of respondent’s absence.
|
11 April 2025 |
|
|
11 April 2025 |
|
Accused acquitted of carnal knowledge but convicted of indecent assault of a mentally incapacitated victim.
Criminal law - Sexual offences - Carnal knowledge of a mental patient - Indecent assault - Mental incapacity and consent
|
8 April 2025 |
|
Marriage dissolved where parties failed to cohabit for two years and reconciliation attempts failed; respondent consented.
Divorce law – Matrimonial Causes Act 1971 (Act 367) – breakdown beyond reconciliation – non‑cohabitation for two years – respondent’s consent – failed reconciliation attempts – burden and standard of proof (preponderance of probabilities).
|
4 April 2025 |
|
A family member’s unconsented lease of customary family land is void; plaintiff proved title but not trespass or possession.
• Customary land — family land — requirement of head's authorisation for alienation — disposition without consent void. • Civil procedure — trial in absence of defendant — duty to serve and proceed; plaintiff still bears onus of proof. • Proof of title — identity of land, root of title, mode of acquisition, acts of ownership. • Remedies — declaration of title and expungement of registry entry granted; possession and trespass damages dismissed for lack of proof.
|
4 April 2025 |
|
A lease by a family member without the family head’s consent is void; title proven, registration must be expunged.
Customary land law – family head’s exclusive authority to alienate family land – disposition by member without head’s authorisation void; proof of title requires identification of land, root of title, mode of acquisition and acts of possession; trial in absence of duly served defendants; requirement of positive evidence for trespass and recovery of possession; Lands Commission ordered to expunge invalid registration.
|
4 April 2025 |
|
Court found marriage irretrievably broken down, granted divorce and adopted parties’ settlement as consent judgment.
Family law – Divorce – Breakdown beyond reconciliation – Failure to live together for at least two years – Consent to divorce – Adoption of parties’ Terms of Settlement as consent judgment – Cancellation of marriage certificate.
|
4 April 2025 |
|
Court convicted the first accused of conspiracy and human trafficking, sentencing her to five years' hard labour concurrent.
Criminal law – Human trafficking – Recruitment, transportation and exploitation for induced prostitution; Conspiracy to commit human trafficking; Admissibility and probative value of caution and charge statements; Jurisdiction over non‑citizens; Sentence – concurrent five‑year terms with hard labour.
|
2 April 2025 |
