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Citation
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Judgment date
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| December 2024 |
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20 December 2024 |
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Appellate court affirms 22-year sentence for violent robbery and conspiracy, finding sentencing within statutory limits and not excessive.
Criminal law – Robbery and conspiracy – Robbery with offensive weapons attracts statutory minimum sentence; conspiracy liable where offence committed. Sentencing – Judicial discretion – must be exercised according to law and reason; appellate interference only if manifestly excessive or wrong in principle. Previous convictions – may be considered to justify increased sentence. Mitigation pleas (remorse, reformation, prison conditions, dependents) are pleas for mercy, not necessarily grounds for appellate interference.
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20 December 2024 |
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20 December 2024 |
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20 December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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18 December 2024 |
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Trial in absentia upheld; convictions for multiple counts of fraud and money laundering, ten‑year concurrent sentence and GH¢562,000 restitution ordered.
Criminal procedure – Trial in absentia – Article 19(3)(a) Constitution – lawfulness where accused absconds after notification. Fraud – Defrauding by false pretences (Act 29) – elements: representation, falsity, intent to defraud, obtaining consent to part with property. Money laundering (Act 1044) – predicate offence requirement, proceeds of unlawful activity, saving provisions and evidential presumption regarding unexplained/disproportionate property. Sentence – concurrent custodial term and restitution ordered.
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18 December 2024 |
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16 December 2024 |
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16 December 2024 |
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13 December 2024 |
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Appellate court reduced a 15-year defilement sentence to 12 years after weighing aggravating and mitigating factors.
Criminal law – Defilement (s.101(2) Criminal Offences Act) – statutory sentence range 7–25 years; appellate review of sentence; aggravating and mitigating factors; first offender; commencement of sentence.
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12 December 2024 |
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Claimant failed to prove a separate clan; court declared one Klanaa family and the defendant its lawful head.
Customary law – family identity and headship – whether a separate Nikoitse We Klanaa family exists – burden and standard of proof in civil customary disputes – weight of family records, funeral notices and prior judicial determinations – rights to use family house and appointment/oversight of Wulomo – perpetual injunction against false representation of headship.
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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The applicant’s loan obligation was not frustrated; respondents liable and contractual interest awarded.
Contract law – frustration – loan agreements: borrower’s primary obligation to repay principal and interest not discharged by failure of the loan’s commercial purpose. Contract variation – silence does not amount to acceptance; no subsisting freeze on penal interest. Evidence – burden of proof and failure to reconcile disputed account amounts. Interest – contractual interest enforceable; post-judgment interest per CI 52 where contract prescribes rate. Guarantee – written guarantor liable jointly and severally upon debtor’s default.
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12 December 2024 |
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Loan purpose failure did not frustrate repayment; borrower and guarantor liable with contractual interest and costs.
Contract law – Loan contracts – frustration: failure of loan purpose does not discharge repayment obligation; Interest – contractual and penal interest enforceable unless unconscionable; Guarantees – must be in writing and signed; guarantor jointly and severally liable; Evidence – burden of proof and requirement for reconciliation/accounting; CI 52 – rules on award and calculation of interest.
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12 December 2024 |
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12 December 2024 |
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11 December 2024 |
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Appeal dismissed: plaintiffs proved self‑acquired title; appellants failed to prove family title and counterclaim lacked capacity.
Land law — proof of title — self‑acquired property vs family/matrilineal property; burden and nature of traditional evidence; estoppel by conduct (Evidence Act s.26); capacity and pleading of counterclaims for family land; validity of lease where title disputed; remedies: declaration, possession, injunctions and costs.
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10 December 2024 |
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9 December 2024 |
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5 December 2024 |
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4 December 2024 |
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4 December 2024 |
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4 December 2024 |
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
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Plaintiff with long possession entitled to declaration of title and remedies despite defendants' State-land assertions.
Land law – capacity to sue; public/State land vs private allocation; effect of Certificate of Title; adverse possession/limitation; burden of proof in civil matters; survey/composite plan evidence; boundary disputes and encroachment; abandonment of counterclaim; remedies: declaration, possession, injunction, damages, costs.
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3 December 2024 |
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2 December 2024 |
| November 2024 |
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28 November 2024 |
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26 November 2024 |
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26 November 2024 |
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25 November 2024 |
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Application to join the court registrar as a party refused; registrar may be subpoenaed to give evidence instead.
Civil procedure – Joinder of parties – Order 4 r.5(2)(b) – Registrar of High Court not a necessary party; misjoinder/non-joinder principle; subpoena as alternative to joinder; considerations of expense, inconvenience and expedition.
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25 November 2024 |
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22 November 2024 |
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22 November 2024 |
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20 November 2024 |
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19 November 2024 |
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The plaintiff's claim that a transit container was wrongfully auctioned was dismissed; the goods were lawfully deemed abandoned.
Customs law — Transit goods — Abandonment under Regulation 117(6) — Restoration and 14‑day transit period — Gazetting as notice for auction — Distinction between seizure (s.124) and abandonment — Payments for warehouse rent not entry under another customs procedure — Burden of proof in civil claims.
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19 November 2024 |
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15 November 2024 |
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14 November 2024 |
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14 November 2024 |
