Circuit Court

The Circuit Court has jurisdiction in civil actions. However, there are restrictions on most of its values. It also has jurisdiction in all criminal matters other than treason and offenses punishable by death. Furthermore, it has jurisdiction in matters involving custody of children. Circuit Courts are located in the regional and some district capitals of Ghana.

14 judgments

Court registries

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14 judgments
Citation
Judgment date
May 2025
Plaintiff failed to prove title or identity of land; earlier judgment not binding; defendants in possession; claim dismissed.
Land law — declaration of title — identity of land and proof of root of title — site plan discrepancies and lack of search reports — res judicata not applicable where earlier judgment does not identify same land — possession as evidence of ownership — fraud allegation requires proof beyond reasonable doubt.
29 May 2025
Applicant failed to prove title; respondent’s long possession and demarcation prevailed; claim dismissed.
Land law – declaration of title – civil standard of proof (preponderance of probabilities) – burden to prove root of title, mode of acquisition and acts of possession – demarcation and long possession as evidentiary factors – locus visit and committee demarcation evidence – costs awarded.
28 May 2025
Pleadings alleging co‑beneficiaries removed estate chattels disclosed a reasonable cause of action; strike‑out dismissed.

Civil procedure – strike out (Order 11 r18 CI 47) – whether pleadings disclose a reasonable cause of action; intermeddling in an estate – civil remedy versus criminal prosecution; burden of proof where criminal allegation arises in civil proceedings; beneficiaries’ rights in household chattels.

22 May 2025
Accused convicted in absentia for possession of cannabis after prosecution proved possession and knowledge; fined or imprisoned.
Criminal law – Narcotics – Possession of cannabis – Proof of possession, knowledge of presence and nature – Burden on accused to show lawful authority – Conviction in absentia where accused absconds (Article 19(3)).
21 May 2025
Accused convicted of conspiracy and stealing (23 cattle); contradictions in his evidence and admissions justified conviction, concurrent 3‑year IHL and restitution GH¢161,000.
Criminal law – Conspiracy to steal and stealing – Burden of proof beyond reasonable doubt – Material witness rule – Effect of contradictions between sworn evidence and prior statements – Conviction for proven quantity where charged amount differs.
20 May 2025
Court dissolved the marriage as irretrievably broken and adopted the parties’ settlement as consent judgment.
Matrimonial Causes Act (Act 367) – Divorce – Breakdown beyond reconciliation – Grounds: adultery, unreasonable behaviour, desertion – Burden and standard of proof (preponderance of probabilities) – Parties’ Terms of Settlement – Adoption as consent judgment – Ancillary reliefs.
16 May 2025
Court dissolved the marriage, finding it broken down beyond reconciliation and awarding custody and maintenance to the respondent.
Matrimonial Causes Act (Act 367) – Divorce – Breakdown beyond reconciliation – Unreasonable behaviour – Burden of proof and standard (preponderance of probabilities) – Single witness evidence – Custody and maintenance – Enforcement of consent terms as judgment.
16 May 2025
Court found the marriage irretrievably broken, granted divorce and adopted the parties’ ancillary settlement as consent judgment.
Matrimonial law – Divorce – Breakdown beyond reconciliation – Section 1 and 2(1)(f) Matrimonial Causes Act 1971 – Standard of proof: balance of probabilities – Unreasonable behaviour/failed reconciliation – Adoption of parties’ Terms of Settlement as consent judgment on ancillary reliefs.
16 May 2025
Petitioner proved unreasonable behaviour; marriage dissolved, custody to respondent and shared maintenance ordered.
Matrimonial Causes Act 1971 (Act 367) – Divorce – ground: unreasonable behaviour (s.2(1)(b)) – proof on balance of probabilities – single witness evidence – s.2(3) requirement that marriage be broken down beyond reconciliation – custody and joint maintenance – effect of respondent's default.
9 May 2025
Whether the marriage had broken down beyond reconciliation after two‑year separation and failed reconciliation attempts.
Family law – Divorce under Matrimonial Causes Act 1971 (Act 367) – Grounds: two‑year separation and failure of reconciliation – Burden of proof: balance of probabilities – Discretion under section 2(3) – Ancillary relief: custody, maintenance, transfer of matrimonial property, accommodation and children’s school/medical expenses.
9 May 2025
Divorce granted based on five years’ continuous separation despite unproven adultery and unreasonable behaviour allegations.
Matrimonial Causes Act 1971 – sole ground for divorce is breakdown beyond reconciliation – five years’ continuous non‑cohabitation (s.2(1)(e)) sufficient; adultery and unreasonable behaviour – burden and standard of proof; consent settlement on ancillary reliefs adopted as consent judgment.
9 May 2025
Marriage dissolved for irretrievable breakdown; respondent granted custody, compensation, maintenance and vehicle in trust for children.
Family law – Divorce: breakdown beyond reconciliation; custodial rights; maintenance; marital property – preservation for children or equal division; loan characterization and interest; compensation award.
5 May 2025
Divorce granted for unreasonable behaviour; custody to mother; petitioner ordered to pay GH¢400 monthly and meet school/medical expenses.
Matrimonial Causes Act — divorce: breakdown beyond reconciliation — unreasonable behaviour established by evidence of neglect, late returns, sale of matrimonial property and departure with child; adultery alleged but not proved. Children’s Act — custody and maintenance: best interest of the child paramount; parent’s duty to maintain; orders for monthly maintenance and educational/medical expenses.
2 May 2025
Marriage dissolved after five years' separation and failed reconciliation; custody and GH¢750 monthly maintenance awarded.
Family law – Matrimonial Causes Act (Act 367) – divorce grounds: unreasonable behaviour; five years’ continuous separation; failure to reconcile – burden of proof by preponderance – custody and maintenance orders – consent settlement of ancillary reliefs.
2 May 2025