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Citation
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Judgment date
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| July 2025 |
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A plaintiff’s counter-offer is not blackmail; termination was unfair due to a biased procedure by the Head of School.
Labour law – unfair termination – Section 63(4) Labour Act – requirement to prove fair reason and fair procedure; impartiality in disciplinary/termination processes. Criminal law overlap – extortion/blackmail: negotiation and threat definitions; counter-offer and threat to litigate are not extortion. Evidence – civil standard of proof (preponderance) for unfair dismissal; higher standard if criminal allegation. Administrative law – bias and acting as judge in one’s own cause (Article 23).
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30 July 2025 |
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Applicant’s dismissal held lawful; HR manual not contractual; applicant failed to prove unpaid allowances and bonuses.
Labour law – Termination of employment – Section 17 Labour Act (Act 651) – pay in lieu of notice; HR manual as policy not contract; unfair dismissal burden under Section 63(4); evidential burden for payment claims (bank statements, contract).
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30 July 2025 |
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Employee failed to show unlawful dismissal; employer lawfully terminated contract by paying salary in lieu of notice.
Employment law – Termination of employment – Payment in lieu of notice; Compliance with express contract terms; Requirement for written notice in statute versus the parties’ contractual terms; Burden of proof in unfair dismissal claims.
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30 July 2025 |
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Summary dismissal based on unproven allegations is wrongful; employer must prove misconduct before dismissal.
Employment law – Summary dismissal – Allegation of theft unproven; investigative committee report not determinative – Employer must prove misconduct before summary dismissal under collective agreement and Labour Act; Natural justice – query, response and disciplinary inquiry sufficient where collective agreement provides procedure; Remedies – reinstatement, back pay, damages and costs for wrongful dismissal.
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30 July 2025 |
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Temporary assignment away from a station entitles an employee to out-of-station and night allowances under the CBA.
Labour law – Collective Bargaining Agreement – Out-of-station/night subsistence and accommodation; Distinction between a transfer and a temporary assignment for special duties; Entitlement to allowances where employee required to spend nights away from recognized station; Proof on balance of probabilities; Interest and costs awarded.
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30 July 2025 |
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Divorce granted for irretrievable breakdown; house and vehicle held jointly acquired; alimony and respondent’s GHC60,000 claim dismissed.
Family law – Divorce – Irretrievable breakdown after diligent reconciliation efforts (s.2(1)(f) Act 367) – Financial provision – alimony refused for want of proof of means – Marital property – jointly acquired property doctrine; judicial sale and equal distribution – Burden of proof on pecuniary claim (GHC60,000) failed.
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30 July 2025 |
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Plaintiff failed to prove unjustified assault; court found he initiated the brawl and dismissed claim with costs.
Assault and battery – burden and standard of proof – Evidence Act (NRCD 323) – necessity of corroboration – police report as evidence – brawl initiated by plaintiff – dismissal for failure to prove claim; costs awarded.
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30 July 2025 |
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Appellant’s defilement conviction set aside due to victim’s repudiation and insufficient corroboration of the prosecution’s case.
Criminal law – Defilement (s.101(2) Criminal Offences Act) – ingredients: victim’s age, carnal knowledge, identity. Evidence – appellate re-hearing – assessment of entire record where omnibus ground filed. Evidence – hostile/repudiating witness – effect of victim’s repudiation of earlier unsworn statements; need for corroboration. Confessions – caution/charge statements admissible but must be weighed with surrounding circumstances, including allegations of coercion. Medical evidence – probative value where timing not established and doctor not called.
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30 July 2025 |
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Applicants’ Will upheld; respondents failed to prove forgery; one respondent ordered to account for rents and restrained from intermeddling.
Wills Act (Act 360) — Formal execution and attestation of wills; Burden of proof — proponent must show prima facie due execution; where fraud is alleged in civil proceedings the standard is proof beyond reasonable doubt; Intermeddling/executor de son tort — taking possession or collecting rents triggers liability to account; Remedies — accounting, perpetual injunction, costs.
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29 July 2025 |
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A validly executed will is presumed; fraud requires proof beyond reasonable doubt and 2nd defendant intermeddled and must account.
Wills Act (Act 360) — formal requirements for validity — writing, testator signature/thumbprint and two attesting witnesses present at same time; sequence of signatures not material if single continuous transaction. Civil allegations of fraud/forgery in probate — once proponents establish prima facie due execution burden shifts to attackers; fraud allegation requires proof beyond reasonable doubt. Evidence — party alleging fraud must plead particulars and lead credible admissible evidence; blurred/indecisive expert comparison insufficient. Intermeddling/executor de son tort — taking possession or collecting rents without appointment exposes a person to liability to account and criminal summary penalties; admission to collecting rents establishes intermeddling and liability to account.
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29 July 2025 |
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The applicant, alleged illiterate, was held literate, bound by an amended lease and estopped from challenging the assignment.
Contract law – amendment of lease – presumption of literacy from documentary evidence; burden on alleged illiterate to rebut presumption. Illiterate Protection Act – requirements and limits; absence of jurat and failure to call corroborative witnesses. Unconscionable bargain – special disability; court will set aside only if dominant party cannot show fairness. Foreign‑currency pricing – compliance with Bank of Ghana directive and Foreign Exchange Act. Assignment of lease – effect of express assignment clause and estoppel by conduct/laches/acquiescence.
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28 July 2025 |
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Plaintiff proved repayment claim for retained Hajj-pilgrimage funds; defendants' unproven deductions and refund claims rejected.
Contract — payment for travel services — liability to refund where services not rendered and payments retained. Evidence — burden and standard in civil claims; documentary proof required to substantiate payments and refunds. Interest — award of pre-judgment interest where money is retained since a specified date. Damages — claim for general damages dismissed for lack of pleaded and evidential support. Costs — successful claimant awarded specified costs.
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25 July 2025 |
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The appellant's plea for mitigation cannot overcome the statutory minimum sentence for robbery with an offensive weapon.
Sentencing; robbery with offensive weapon — statutory minimum 15 years; appellate review of sentence; reformation/rehabilitation as plea for mercy, not ground of appeal; discretion exercised within statutory limits.
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22 July 2025 |
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Substitution of an unserved deceased defendant is void ab initio; court lacked jurisdiction, so the 7th defendant was struck out.
Civil procedure – Service of process; jurisdiction depends on valid service – Substitution of parties; substitution cannot cure lack of service – Deceased parties; substitution of non-parties void ab initio.
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18 July 2025 |
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A court lacks jurisdiction to substitute or proceed against a deceased defendant who was never properly served.
Civil procedure – Service of process and jurisdiction – Defendant must be validly served before court acquires jurisdiction – Substitution of parties cannot cure lack of service – Substitution void ab initio where party never served and deceased – Audi alteram partem.
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18 July 2025 |
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Court granted summary judgment for the applicant where the respondent offered no defence and awarded GHS10,000 costs.
Civil procedure – summary judgment – failure to file opposing affidavit – absence of defence allows entry of summary judgment Civil procedure – evidentiary weight of supporting affidavit and exhibits where respondent offers no opposition Costs – award of costs on summary judgment application
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17 July 2025 |
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Plaintiff lacked capacity to sue over deceased's estate; suit dismissed for want of capacity and abuse of process.
Capacity to sue — necessity of Letters of Administration or proper authority when claiming estate property; power of attorney limits; issuing proceedings without sealed Letters renders action incompetent; repetition after dismissal may amount to abuse of process.
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14 July 2025 |
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Bank proved restructured loan of GHS498,844.83 with guarantors liable; larger claimed balance and judicial sale reliefs not sustained.
Commercial law – Loan restructuring and overdraft conversion – Burden of proof in civil claims – Bank statements as evidence – Joint and several guarantees – Judicial sale of mortgaged property requires mortgagor/production of mortgage instruments.
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8 July 2025 |
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The plaintiff proved only the restructured GHS498,844.83 loan with 30% interest; larger claimed balance and judicial‑sale reliefs were denied.
Commercial law – Loan and security – Burden of proof in establishing indebtedness; loan restructuring and guarantors’ joint and several liability; computation of interest; inadmissibility/insufficiency of bank statement evidence to prove claimed balance; judicial sale relief unsustainable where mortgages not tendered and mortgagor not party; estoppel and third‑party dependence not established.
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8 July 2025 |
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Bank recovered restructured loan principal and interest; judicial sale denied where mortgages not produced and owners absent.
Banking law – Recovery of loan – plaintiff must prove indebtedness on balance of probabilities; exhibits must show nexus to reliefs. Contract – Restructured loan agreement (Exhibit A) establishes principal and interest terms; 30% per annum applies. Evidence – burden of proof, insufficiency of unsubstantiated accounting complaints; party alleging anomalies must prove them. Guarantees – directors who executed guarantees are jointly and severally liable for principal and interest. Property procedure – judicial sale cannot proceed where mortgages are not tendered and mortgagors/owners are not parties.
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8 July 2025 |
| June 2025 |
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Interpleader claim that mortgaged property was matrimonial failed for lack of proof; execution may proceed.
Interpleader — execution — matrimonial/spousal property — burden of proof on claimant to prove joint/marital interest — uncommissioned affidavit defective but court may decide merits — Land Act 2020 inapplicable to pre-Act transactions.
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27 June 2025 |
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An insurer may recover by subrogation where a neighbouring occupier negligently failed to prevent spread of fire, though not causing ignition.
Insurance law – Subrogation – insurer entitled to enforce insured’s remedies after indemnification where third party’s negligence caused loss. Tort – Fire damage – liability requires intent, negligence, or non-natural use; strict liability (Rylands v Fletcher) limited in fire cases. Occupier’s duty – duty to take reasonable steps to prevent spread of fire; inaccessibility of firefighting equipment may establish negligence. Civil procedure – pleadings – negligence should be pleaded but evidence may supply unpleaded particulars if admitted and not unfairly prejudicial.
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27 June 2025 |
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26 June 2025 |
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Prosecution failed to prove a prima facie case for forgery, uttering, possession or stealing; accused acquitted and discharged.
Criminal law – Prima facie case – Forgery, uttering, possession and stealing – requirement to prove making/altering, mens rea and possession; weight of forensic reports where expert does not testify; contradictions and inconsistencies in prosecution evidence may defeat a prima facie case.
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20 June 2025 |
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Unlawful repossession of a hire-purchase truck entitles hirer to recover payments and general damages.
Hire-purchase — existence of agreement may be inferred from conduct and receipts; protected goods — unlawful repossession without court order prohibited under NRCD 292 s.8; remedies — termination of agreement on wrongful repossession and recovery of money had and received; special vs general damages; capacity to sue burden on counterclaimant.
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19 June 2025 |
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Appellate court reduced stealing sentence where possession of proceeds did not justify treating appellant as instigator despite equal roles.
Criminal law – Sentencing – Judicial discretion – Role of co-accused in joint offences – Possession of stolen property not by itself proof of instigator status – Concurrent sentences – Conspiracy, unlawful entry, stealing, unlawful damage.
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11 June 2025 |
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A strike-out under Order 11(18)(1)(a) requires a defence on record and is only appropriate for plainly unsustainable claims.
Civil procedure – Order 11 Rule 18(1)(a) – strike out for disclosing no reasonable cause of action; Procedural prerequisites – necessity of defence on record; Conditional appearance (Order 9) not substitute for substantive strike-out application; Strike-out reserved for claims that are plainly unsustainable; Allegations of unlawful eviction and property destruction require trial.
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10 June 2025 |
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Dispute over migrant/community headship is not a chieftaincy matter; High Court has jurisdiction.
Chieftaincy – definition of "chief" under Article 277 and Act 759 – descent from appropriate family/lineage and valid installation required. Jurisdiction – Courts Act s.57; ordinary courts may hear disputes over migrant/community heads that are not chiefs under Article 277. Migrant/community chiefs – heads of migrant communities outside traditional areas are not necessarily chieftaincy matters. Precedent – Republic v. High Court, Kumasi; ex parte Abubakari (No. 3) affirmed that such headship disputes are not causes affecting chieftaincy.
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4 June 2025 |
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Prosecution failed to establish a prima facie case of abetment; A1 acquitted under s.271 Act 30.
Criminal law – Abetment (s.20(1) Act 29) – Prima facie proof requirement – Mens rea and contemporaneity of acts – Trial judge’s duty under s.271 Act 30 to direct acquittal where no case to answer – Reliance on accuseds’ statements and inconsistency with autopsy undermining prosecution case.
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3 June 2025 |
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Prosecution failed to establish a prima facie case of abetment due to lack of contemporaneous act, mens rea and inconsistent forensic evidence.
Criminal law – Abetment of murder – Prima facie case – Section 20(1) Criminal Offences Act (Act 29) – Section 271 Criminal Procedure (Act 30) – mens rea and actus reus – reliance on accuseds’ statements – inconsistency with forensic evidence (laryngeal fracture).
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3 June 2025 |
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Court entered the applicant’s settlement as a consent judgment, struck out the suit and allowed execution on default.
Commercial litigation – Consent judgment – Parties’ amicable settlement recorded as consent judgment; terms provide payment schedule and legal fees; clause permitting execution without further leave on default; suit struck out as settled.
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2 June 2025 |
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2 June 2025 |
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Plaintiff proved a US$500,000 corporate loan; defendant failed to prove repayment, so judgment awarded with interest and costs.
Civil procedure – burden of proof; corporate law – apparent authority of managing director to bind company (Turquand principle); evidence – admissibility and weight of electronic records under Electronic Transactions Act; self-serving and unauthenticated documents carry little evidential weight.
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2 June 2025 |
| May 2025 |
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No prima facie case of stealing established; appeal allowed and appellant acquitted under section 173 of Act 30.
Criminal law – Stealing – Elements of offence (appropriation, dishonesty, ownership) – Prima facie case at close of prosecution – Section 173 Act 30 – Differentiation between civil contractual dispute and criminal theft.
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30 May 2025 |
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Unauthorised rollover of investments amounted to fundamental breach; plaintiff awarded principal with interest, damages and costs.
Contract law – breach – unauthorised rollover of matured investment – fundamental breach entitling innocent party to damages; Evidence – Order 38 rule 3E CI 47 – witness statement inadmissible where witness not called and statement not put in as hearsay; Civil procedure – absence of defendant does not dispense with plaintiff’s burden to prove case on balance of probabilities; Remedies – award of principal with contractual interest, damages and costs.
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30 May 2025 |
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Court found prosecution proved voluntariness and statutory requirements; accuseds’ torture and illiteracy claims were uncorroborated and dismissed.
Evidence — Confession statements — Voir dire to determine voluntariness; burden on prosecution to prove voluntariness beyond reasonable doubt; Section 120 NRCD 323 — requirement of independent witness who understands and certifies — absence of corroboration to torture allegations renders them afterthoughts; illiteracy claim must be proved and explained.
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30 May 2025 |
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Parties’ settlement admitting liability and ordering sale of collateral, payment of GH¢7.5M, and court-ordered enforcement of vacant possession.
Commercial law – consent judgment – settlement by admission of liability – sale of mortgaged/collateral property – payment of sale proceeds in satisfaction of debt – vacant possession obligation – enforcement including police assistance without further leave of court.
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28 May 2025 |
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Appeal allowed in part: count one conviction affirmed; count two conviction and sentence set aside; concurrent-sentencing principle reiterated.
Criminal law – Plea with explanation – Whether explanation amounts to admission or defence – Defrauding by false pretence – Ingredients of offence – Sentencing – Sections 302 and 303 Criminal Procedure Act – Concurrent versus consecutive sentences – Custodial sentence discretion and mandatory imprisonment exposure.
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26 May 2025 |
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Court entered a consent judgment fixing GH¢66,071 payable by instalments, freezing interest, and allowing execution with 36% interest on default.
Consent judgment – settlement recorded and entered as court order – principal sum fixed and interest frozen – repayment by monthly instalments – liberty to execute and claim 36% p.a. interest from specified date on default – suit struck out as settled.
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23 May 2025 |
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Court entered a consent judgment fixing a repayment plan with frozen interest, permitting execution and high interest on default.
Commercial law – Debt recovery – Consent judgment – Parties agreed repayment schedule and frozen interest; default triggers execution and reinstated interest at 36% p.a.
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23 May 2025 |
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Respondent willfully disobeyed a preservation order; contempt application succeeded and a warrant for committal was issued.
Contempt of court – indirect/constructive contempt – failure to obey preservation order – ingredients: existence of order, knowledge, failure and willfulness – standard: proof beyond reasonable doubt – warrant for committal issued.
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22 May 2025 |
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Applicant lacked capacity to amend the judgment after assigning the claim and insolvency stay barred the application.
Corporate insolvency – winding-up and stay of proceedings under Act 1015 – effect on enforcement applications Assignment of judgment/claims to bailout fund – transfer of locus standi to assignee/liquidator Bailout agreement – dispute resolution/arbitration and exclusivity of remedy Amicus curiae intervention by securities regulator in investor bailout scheme
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22 May 2025 |
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Applicant cannot amend the entry of judgment after assigning the judgment to a bailout fund; insolvency stay applies.
Assignment of judgment rights to bailout fund – effect on standing and capacity to sue; corporate insolvency/winding-up – statutory stay under Corporate Insolvency and Restructuring Act, 2020 (Act 1015); jurisdictional impact of arbitration/remedies under bailout agreement; amicus curiae addressing regulator's special standing and contractual assignment.
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22 May 2025 |
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Director breached fiduciary duties by engaging in competing business activities without disclosure.
Company Law – Directors' fiduciary duties – Conflict of interest – Use of confidential information – Breach by director.
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21 May 2025 |
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21 May 2025 |
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Defendant’s non‑attendance deemed an admission; court ordered account, repayment with interest, GH¢150,000 general damages and GH¢30,000 costs.
Commercial law – failure to appear – deemed admission by non‑attendance and failure to cross‑examine; entitlement to account, reconciliation, recovery of monies with interest; award of general damages and costs.
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21 May 2025 |
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Receipt proving full payment established breach; applicant entitled to refund or specific performance with interest and costs.
Contract – breach for non-delivery of paid property – remedy of repayment or specific performance. Limitation – cause of action accrues on renegotiated performance date; six-year limitation for simple contracts. Evidence – receipt as prima facie proof of payment; admissibility not defeated by unstamped instrument argument when receipt not chargeable with stamp duty (Stamp Duty Act s.13). Burden of proof – once receipt establishes prima facie payment, onus shifts to respondent to contradict.
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20 May 2025 |
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Appellate court affirms the appellant's robbery conviction and ten-year sentence, finding identification credible and alibi unproven.
Criminal law – Robbery: elements of force and intent; Identification evidence – reliability and opportunity to observe; Defence of alibi – requirement to give particulars and burden to produce supporting evidence; Sentencing – statutory minimum for robbery without weapon.
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16 May 2025 |
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Whether wilful refusal to comply with a court-ordered access regime amounted to contempt warranting committal.
Contempt of court – constructive/indirect contempt for failure to obey court order – elements: existence of order; knowledge; wilful non-compliance. Burden of proof – contempt requires proof beyond reasonable doubt. Family law – enforcement of custody/access orders – committal as remedy.
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12 May 2025 |
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Sentencing discretion upheld; pleas for mercy insufficient where aggravating factors predominate and sentence lawful.
Criminal law – Sentencing discretion – Whether sentence within statutory limits; mitigation versus aggravation; unlawful entry and stealing; previous convictions considered in sentencing.
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9 May 2025 |
