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.

10 judgments

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10 judgments
Citation
Judgment date
June 2025
Accused convicted on seven counts of stealing; prosecution proved ownership, appropriation and dishonesty beyond reasonable doubt.
Criminal law — Stealing — Elements: ownership, appropriation, dishonest appropriation — Burden of proof beyond reasonable doubt — Weight of caution and charged statements — Credibility and prior inconsistent statements — Sentencing (concurrent five years IHL) — Restitution requires specific recovered quantities.
30 June 2025
An admission by the defendant’s grantor dispenses with proof and permits judgment for the plaintiff on the admitted land portion.
Civil procedure – appearance – conditional appearance not followed by steps to set aside service converts to unconditional appearance. Civil procedure – improper filing – non‑party defence filed without leave is struck out. Evidence – admissions – unequivocal admission by adversary or grantor dispenses with proof and permits judgment on admitted facts. Land law – trespass – recovery of possession, injunction and damages for trespass to admitted portion of land. Remedy – court may enter judgment in part limited to the area effectively admitted by the defendant/grantor.
27 June 2025
Whether plaintiff may recover loss of rent and mesne profits for defendant's failure to complete leased building and wrongful occupation.
Land law – Lease/building contract – Covenanted obligation to complete two‑storey building – Breach by failure to complete top floor – Damages for loss of rent limited to the portion reserved to lessors – Mesne profits for wrongful occupation – Insufficiency of evidence to award cost of completion.
23 June 2025
Court dissolved marriage after finding respondent’s unreasonable behaviour caused breakdown; CCADR terms adopted as consent judgment.
Matrimonial Causes Act (Act 367) – Divorce – Breakdown beyond reconciliation – Unreasonable behaviour – Burden and standard of proof (preponderance of probabilities) – CCADR settlement adopted as consent judgment – Cancellation of marriage certificate – No order as to costs.
20 June 2025
Petitioner proved respondent’s unreasonable behaviour; court granted divorce and incorporated prior consent ancillary terms.
Family law – Divorce – Breakdown of marriage – Unreasonable behaviour (drunkenness, drug use, violence, lockdown of spouse) – Standard of proof by preponderance of probabilities – CCADR consent terms incorporated into final judgment.
20 June 2025
Court found marriage irretrievably broken, dissolved it, and adopted the parties’ settlement on ancillary reliefs.
Family law – Divorce – Whether marriage has broken down beyond reconciliation – s.1(2), s.2(1)(f) Matrimonial Causes Act 1971 – standard of proof by preponderance of probabilities – adoption of parties’ Terms of Settlement as consent judgment – ancillary reliefs – costs each party to bear own.
13 June 2025
Court found marriage broken beyond reconciliation, granted divorce, and adopted the parties' settlement on ancillary reliefs.
Family law – Divorce – Whether marriage has broken down beyond reconciliation – Matrimonial Causes Act 1971 (Act 367) sections 1(2) and 2(1)(f) – standard of proof in civil divorce proceedings – adoption of parties’ Terms of Settlement as consent judgment – ancillary reliefs – costs.
13 June 2025
Accused convicted for unlawful control of narcotic drugs; confession and forensic report established possession and intent to traffic.
Narcotics law – Unlawful control/possession of narcotic drugs – Elements: custody and control, knowledge, trafficking – Forensic laboratory evidence – Voluntary caution/confession admissible and sufficient – Sentencing and destruction of exhibits.
9 June 2025
Prosecution failed to prove robbery; the accused convicted of stealing and assault and sentenced to concurrent six‑month terms.
Criminal law – Robbery – elements: force, harm or threat – inconsistencies and failure to tender material exhibit undermining robbery charge; reduction to lesser offence (stealing) under s154(2) Act 30; assault (assault and battery) – unlawful touching proven; weight of caution statement and credibility where unsworn statement contradicts sworn evidence; duty to call material witnesses for an alibi.
4 June 2025
4 June 2025