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
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
Possession of recently stolen goods without a satisfactory explanation supports conviction for dishonestly receiving under Act 29.
Criminal law – Dishonestly receiving (s.147 Act 29) – Doctrine of recent possession – Burden of proof beyond reasonable doubt – Satisfactory explanation from accused – Characterisation of goods as scrap.
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
Marriage dissolved for unreasonable behaviour and irreconcilable differences after respondent’s default and customary dissolution.
Matrimonial Causes Act 1971 (Act 367) – breakdown beyond reconciliation – unreasonable behaviour (s.2(1)(b)) – irreconcilable differences/customary dissolution (s.2(1)(f)) – default judgment where respondent fails to appear or challenge evidence.
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
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
Respondent's sublease expired; court ordered eviction, mesne profits and costs against the respondent.
Land law — lease/sublease — expiry and alleged extension; burden of proof on party asserting extension; mesne profits and eviction; evidence and documentary proof.
25 April 2025
Desertion proven; marriage dissolved; mother awarded custody; absent father ordered to pay children's maintenance and school fees.
Family law – Matrimonial Causes Act 1971 (Act 367) – Desertion as ground for dissolution; default evidence where respondent fails to appear; custody and maintenance – best interests of the child (Children’s Act, Act 560).
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
Adultery and unreasonable behaviour found to have broken down the marriage; petitioner awarded GHC 40,000 alimony.
Divorce — Matrimonial Causes Act — breakdown beyond reconciliation — adultery and unreasonable behaviour as grounds — proof by witness testimony and admissions — financial relief/alimony for contributing spouse.
9 April 2025
A written loan agreement ambiguous on currency was construed as Ghc39,000; only agreed interest awarded; counterclaim dismissed.
Contract interpretation – written loan agreement with ambiguous currency notation – parole evidence rule – contra proferentem – enforceability of agreed interest by unlicensed lender – default in payment of monthly interest.
8 April 2025
Ambiguous written loan construed against the plaintiff; principal found Gh¢39,000 and limited interest awarded.
Contract interpretation — ambiguity in written loan agreement; parole evidence rule and contra proferentem; unlicensed moneylender — enforceability of agreed interest; breach for non‑payment of monthly interest.
8 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
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
Accused convicted for abetting and conspiring in a premeditated theft based on CCTV, witness ID and recovered exhibits.
Criminal law – Abetment and conspiracy to steal – Evidence: CCTV footage, witness identification, recovered clothing and vehicle disposal – Credibility of inconsistent statements – Sentencing: premeditation, removal of DVR, non‑recovery of proceeds.
2 April 2025
March 2025
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
28 March 2025
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.
26 March 2025
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.
26 March 2025
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.
21 March 2025
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.
21 March 2025
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.
20 March 2025
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.
20 March 2025
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
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.
12 March 2025
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.
12 March 2025
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
11 March 2025
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.
11 March 2025
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.
10 March 2025
Prosecution's failure to produce material evidence and call witnesses created reasonable doubt, leading to the accused's acquittal.
Criminal law – Causing Harm (s.69 Act 29) – requisite burden of proof beyond reasonable doubt; admissibility and limited weight of caution/charge (unsworn) statements; failure to produce real evidence (knife, blood photographs, medical form); failure to call material witnesses; accused’s silence and inferences.
10 March 2025
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
10 March 2025
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.
7 March 2025
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.
7 March 2025
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.
5 March 2025
February 2025
Defendants ordered to refund Plaintiff for land purchase and litigation costs due to loss of disputed farmland.
Land law – Acquisition of land – Misrepresentation in sale – Loss of possession due to adverse claim – Support in legal disputes
28 February 2025
Court upheld ADR Consent Judgment, dismissing property inheritance dispute on unchallenged grounds and awarded costs to Plaintiff.
Property Law - Inheritance - Family property - Validity of Wills - Alternative Dispute Resolution (ADR) - Consent Judgment enforcement
28 February 2025
Accused convicted of stealing after admission/confession and failure to challenge prosecution evidence.
Criminal law – Stealing (s.124(1) Act 29) – elements of theft – appropriation and dishonest intention – admissibility and effect of accused’s admission/confession – failure to cross-examine prosecution witnesses treated as acceptance of averments – prima facie case and conviction.
28 February 2025
The accused's failure to cross-examine witnesses and defense admission led to his conviction for stealing.
Criminal Law – Stealing – Proof beyond reasonable doubt – Admission of guilt by failure to cross-examine and defense admission as confession.
28 February 2025
The court ruled a private loan agreement, not regulated by financial institution laws, must refund unconscionable interest.
Contract Law – Friendly loan agreement – Recovery of outstanding principal and interest – Applicability of Non-Bank Financial Institutions Act.
27 February 2025