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.

2,153 judgments

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2,153 judgments
Citation
Judgment date
September 2025
Plaintiff failed to prove title to customary family land; defendants’ ownership and possession upheld; claim dismissed.
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.
16 September 2025
Petitioner granted annulment where marriage unconsummated; court accepted unchallenged evidence after respondent’s absence.
Matrimonial Causes Act — Voidable marriage — Non-consummation (s.13(2)(a)) — Burden of proof: preponderance of probabilities — Acceptance of unchallenged evidence where respondent duly served but absent — Decree of annulment and cancellation of marriage certificate.
12 September 2025
Accused convicted of stealing employer’s vehicle; confession corroborated, sentenced to nine years and ordered to refund vehicle value.
Criminal law – Stealing (Act 29) – elements: appropriation, dishonesty, non-ownership; Admissibility and corroboration of caution/confession statement; Afterthought defence and credibility; Sentencing – deterrence and restitution under s147B Act 30
12 September 2025
Marriage dissolved for irreconcilable differences despite petitioner failing to prove adultery or unreasonable behaviour.
Matrimonial Causes Act — breakdown beyond reconciliation — section 2(1)(f) — burden and standard of proof in divorce petitions — allegations of adultery and unreasonable behaviour must be proved on balance of probabilities — adoption of parties’ Terms of Settlement as consent judgment — cancellation of marriage certificate.
5 September 2025
August 2025
Plaintiff awarded general damages for breach of vehicle lease; aggravated and unlawful-detention claims dismissed for insufficient evidence/double recovery.
Contract law – vehicle lease – summary judgment for liquidated sums upheld; breach established; unlawful detention not separately awarded to avoid double recovery; aggravated damages denied for lack of proof; general damages and costs awarded.
26 August 2025
A prior registered 99‑year lease and subsequent assignment prevail over a later family lease; defendant held a trespasser.
Land law – registered lease and assignment – priority of title – nemo dat quod non habet – effect of later family proceedings on prior purchaser – trespass – remedies: declaration, possession, perpetual injunction, nominal/general damages, costs.
25 August 2025
Accused convicted of unlawful entry and stealing; acquitted of causing unlawful damage.
Criminal law – Unlawful entry; Stealing – elements of appropriation and dishonest intent; weight of admissions and identification evidence; failure to prove causal identity for property damage; sentencing (penalty units and defaults).
25 August 2025
Marriage dissolved where parties lived apart two years; unreasonable-behaviour allegation unproven; settlement adopted as consent judgment.
Family Law – Matrimonial Causes Act – breakdown beyond reconciliation – separation for two continuous years – allegations of unreasonable behaviour must be proved with cogent evidence – adoption of parties’ Terms of Settlement as consent judgment on ancillary reliefs.
22 August 2025
Petitioner proved marriage breakdown from adultery and unreasonable behaviour; divorce granted and settlement adopted as consent judgment.
Family law – Divorce – Breakdown beyond reconciliation – Adultery and unreasonable behaviour – Burden and standard of proof (preponderance of probabilities) – Admission of adultery as trustworthy evidence – Adoption of Terms of Settlement as consent judgment.
15 August 2025
Tenant liable for USD 90,500 rent arrears, unauthorized alterations breached lease; counterclaims dismissed, interest and damages awarded.
Landlord-tenant — unpaid rent — acceptance of liability — unauthorized structural alterations — breach of express tenancy covenants — counterclaims for remedial costs and alleged lost cash dismissed for lack of evidence and self-help breach — interest on foreign-currency debt at LIBOR — eviction obtained via Rent Control order.
8 August 2025
Plaintiff’s purchase proved; defendant’s occupation was permissive not adverse—title, injunction, rent account and costs awarded.
Land law – declaration of title – proof of sale and root of title – burden of proof – adverse possession and limitation – permissive occupation versus hostile possession – injunction and account of rents – costs.
7 August 2025
A voluntary cautioned confession can be preferred to inconsistent testimony to convict the accused of robbery; related harm charge expunged.
Criminal law – Robbery with offensive weapon – Admissibility and weight of investigation caution statement – Preference of confession over inconsistent oral testimony – Effect of complainant’s absence – Avoidance of double conviction for associated harm.
4 August 2025
July 2025
Court found the marriage irretrievable, dissolved it, and adopted the parties' settlement on custody, access, schooling and shared maintenance.
["Family law - Divorce - Whether marriage has broken down beyond reconciliation under Act 367","Matrimonial Causes Act 1971 (Act 367) - Mandatory court inquiry into breakdown despite settlement","Ancillary relief - consent terms adopted as consent judgment; custody, access, school fees and shared maintenance","Standard of proof - balance of probabilities in divorce proceedings"]
31 July 2025
Accused convicted of assault and robbery on credible eyewitness and medical evidence; sentenced to concurrent term and ordered to pay restitution.
Criminal law — Assault and robbery — Burden of proof beyond reasonable doubt — Identification evidence and lighting conditions — Failed alibi — Sentence concurrent; restitution ordered.
31 July 2025
Accused convicted for causing harm but acquitted of indecent assault for lack of proof.
Criminal law – Causing harm – identification by eyewitness; burden of proof beyond reasonable doubt; Indecent assault – failure to prove ingredients; insufficiency of investigation; particulars of offence must align with evidence.
29 July 2025
Defilement proven but accused acquitted because prosecution failed to prove his guilt beyond reasonable doubt.
Criminal law – Defilement – Elements: age, evidence of defilement, identity of perpetrator – Child witness evidence – Corroboration and caution in sexual offences – Circumstantial evidence – Failure to call material witnesses – Medical evidence not linking accused.
24 July 2025
Petitioner proved respondent’s controlling and abusive behaviour by a preponderance of probabilities; marriage dissolved, no costs.
Matrimonial Causes Act 1971 (Act 367) – Ground for divorce – Unreasonable behaviour (s.2(1)(b)) – Burden and standard of proof – Preponderance of probabilities – Single witness evidence – Respondent’s non‑appearance.
23 July 2025
Customary de-stooling rites do not justify assault; accused convicted for assault, acquitted on conspiracy and theft.
Criminal law – Assault (s.84 Act 29) – Assault without actual battery – Customary rites not a defence to criminal assault – Video corroboration of eyewitness testimony – Acquittal on conspiracy and stealing for insufficient proof – Sentencing by penalty units with default imprisonment.
21 July 2025
Divorce granted for respondent’s unreasonable behaviour; custody and maintenance matters deferred to Canadian courts.
Matrimonial Causes Act 1971 (Act 367) – Divorce – Ground of unreasonable behaviour (s.2(1)(b)) – Standard of proof by preponderance of probabilities – Effect of respondent’s non‑appearance – Jurisdictional/operative limits on making custody and maintenance orders where parties and children reside abroad.
18 July 2025
Marriage dissolved for unreasonable behaviour and irretrievable breakdown; custody to petitioner; respondent ordered to pay GH¢500 monthly.
Family law – Matrimonial Causes Act 1971 (Act 367) – Grounds for divorce: unreasonable behaviour (s.2(1)(b)) and inability to reconcile (s.2(1)(f)) – Standard of proof: preponderance of probabilities – Child custody and maintenance – Best interests of the child.
18 July 2025
The accused convicted of defilement on the basis of the victim's credible testimony and medical corroboration; sentenced to 12 years.
Criminal law – Defilement: proof of age, carnal knowledge and identity; competence and credibility of child witness; medical evidence as corroboration; circumstantial evidence; sentencing factors.
16 July 2025
Accused convicted for charlatanic advertisement and defrauding by false pretence; sentenced to concurrent 15‑year terms.
Criminal law – Charlatanic advertisement (s137 Act 29); Defrauding by false pretence (ss132–133/131 Act 29) – elements: representation, knowledge/absence of belief, intent to defraud and consent to part with money; Evidence – video/cyber report, chits, lights off, collaborators; Prima facie standard; Sentencing – aggravating factors (position of trust, premeditation, prior conviction) warranting custodial sentence.
3 July 2025
2 July 2025
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
The accused’s armed forcible entry made injury reasonably foreseeable, supporting an inference of intent and conviction for causing harm.
Criminal Law – Causing harm (s.69 Act 29) – Unlawful forcible entry – Bearing and using a matchet – Intention inferred under s.11(3) Act 29 – Acts subsequent to offence insufficient to rebut intent – Sentence and compensation awarded.
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
A spouse’s refusal to relocate was held to contribute to unreasonable behaviour and an irretrievable breakdown of the marriage.
Family law — Divorce under Matrimonial Causes Act 1971 (Act 367) — Breakdown beyond reconciliation — s.2(1)(b) unreasonable behaviour — refusal to relocate as ground — balance of probabilities standard — adoption of parties' terms of settlement as consent judgment.
5 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
Ordinary family members cannot eject relatives from ancestral property without proving ownership, authority, or necessity to sue.
Family property — presumption of collective ownership upon death of ancestor; capacity to sue in respect of family property — head of family rule, authorization or necessity; burden of proof in civil cases — preponderance of probabilities; eviction claims against family members.
3 June 2025
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
Prosecution failed to prove the accused’s knowledge and intent to defraud; acquitted as transaction appeared contractual rather than criminal.
Criminal law – Defrauding by false pretences – Elements: false representation, knowledge of falsity and intent to defraud – Burden of proof beyond reasonable doubt – Distinction between contractual dispute and criminal fraud.
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
A writ issued by a purported attorney without proof of authority is a nullity and the plaintiff’s action was struck out.
Civil procedure – Capacity to sue – Authority of attorney – Power of attorney must be established before issuance of writ – Writ issued by purported attorney without proof of authority is nullity – Merits cannot be considered where capacity is in issue.
26 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, 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
Accused convicted for threatening death and unlawful possession of a firearm after prosecution proved both offences beyond reasonable doubt.
Criminal law – Threat of death (s.75 Act 29) – words sufficient to create fear; Evidence – burden of proof on prosecution; Firearms – possession in premises shifts burden to accused under s.11 NRCD 9; Admissibility and credibility of witnesses.
14 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
Plaintiff failed to prove lawful title; defendant established beneficial ownership and possession, so claim dismissed and injunction granted.
Land law — declaration of title — burden of proof in actions for title; validity of conveyance where vendor lacked authority; beneficial ownership and overt acts of possession; trespass, laches and limitation.
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