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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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Appellant failed to prove title; trial court’s factual findings and procedural rulings were upheld and appeal dismissed.
Appeal — Rehearing on weight of evidence — appellate court’s limited scope; Evidence — Letters of Administration — presumption of regularity not conclusive of ownership; Payment of property rates — not conclusive proof of title; Procedural law — capacity to sue/counterclaim must be timely raised; Legal ethics — counsel’s withdrawal requires court leave.
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25 July 2025 |
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Court accepted plea agreement for manslaughter and, weighing mitigation and time served, imposed one day imprisonment (time already served).
Criminal law – Plea bargaining (Act 1079) – Acceptance of plea agreement – Sentencing considerations under s.162 I(1)–(5) – Manslaughter sentencing range under s.296(2) Act 30 – Mitigating factors: time served, health, remorse, family dependence, lack of premeditation.
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23 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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Appellate court reduced a four‑year custodial sentence, citing mandatory pregnancy testing and children's best interests.
Criminal law — Sentencing — Causing harm (second degree felony) — Mandatory pregnancy test under s.313A Act 30 — Best interests of children (Act 560) — Mitigation: first offender, remorse, reparation — Appellate interference where custodial sentence is harsh or contrary to law — Substitution by fine and compensation under ss.296–297 and 148 Act 30.
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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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Threats alone cannot sustain a circumstantial conviction for unlawful damage; conviction set aside and appellant acquitted.
Criminal law — Causing unlawful damage — Circumstantial evidence — Prior threats — Proof of identity — Evidence Act s.38 (presumption of ordinary consequences) — Requirement of irresistible inference — Acquittal for insufficient corroboration.
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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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Appellate court reduces an excessive 25‑year cumulative sentence after finding reliance on an unproved prior conviction.
Criminal law — Sentencing — Excessive cumulative sentence — Improper reliance on unproved previous conviction — Mitigating factors: youth, guilty plea, remorse, recovery of property — Appellate power under section 30 Courts Act to alter sentence.
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15 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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Without proof of service of the interlocutory motion, contempt was not proven and the respondent was discharged.
Contempt of court – committal proceedings – quasi‑criminal offence requiring proof beyond reasonable doubt – elements: order, knowledge, willful disobedience – service of interlocutory motion required; writ alone insufficient – proof of service essential.
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11 July 2025 |
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Continuing construction after service of an interlocutory injunction can constitute contempt; photographic proof and agent attribution sufficed.
Contempt of court – committal for contempt arising from continued construction after service of interlocutory injunction – standard of proof beyond reasonable doubt – prima facie case requirement – photographic evidence and identification of landmarks – agency of artisans/workmen – attribution to principal.
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10 July 2025 |
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Contempt application dismissed because applicant failed to prove the respondent was served with and knew of the court order.
Contempt of court — elements and standard of proof — necessity of service and knowledge of order — substituted service and burden to prove service — absence of opposition does not automatically grant relief.
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9 July 2025 |
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Juveniles pleading guilty to manslaughter sentenced to two years each, balancing age, remand and rehabilitation needs.
Criminal law – Manslaughter – Sentencing of juveniles – Mitigation for age and remand – Plea bargain – Procedural delay and concealed juvenile status – Lack of juvenile reformation facilities.
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9 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 |
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Appellate court upheld a 13-year robbery sentence as lawful, reasonable and not manifestly excessive.
Criminal law – Robbery – elements of robbery (stealing with force/threat) – sentencing discretion – statutory minimum ten years where no weapon used – mitigating factors (first offender, youth, guilty plea) – deterrence and prevalence of crime – appellate restraint unless manifest excess.
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3 July 2025 |
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Plaintiff entitled to re‑enter and recover possession after defendant breached lease covenants and defaulted despite substituted service.
Land law – lease – breach of development covenant and rent arrears – re‑entry and recovery of possession – substituted service – default judgment – admissibility of documentary evidence under s.17 Evidence Act (NRCD 323).
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3 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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Court reduced an excessive 25-year defilement sentence to 8 years, weighing mitigation against the victim’s young age.
Criminal law – Sentencing – Defilement of a child – Appellate interference with excessive sentence – Mitigating factors: youth, first offender, guilty plea – Aggravating factor: victim’s age.
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13 June 2025 |
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Applicant failed to prove beyond reasonable doubt that respondent's post‑writ actions constituted contempt prejudicial to pending litigation.
Contempt of court — civil/quasi‑criminal nature — proof beyond reasonable doubt — contempt may arise absent order if conduct prejudices pending litigation (res litigiosa) — need for prima facie case and material/corroborative evidence.
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12 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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Failure to give statutory notice did not defeat applicant’s money claim where suit did not seek realisation of security.
Borrowers and Lenders Act 2020 (Act 1052) – s60–s61 – notice before realisation of security; contractual notice breach – contractual but not statutory fatality; weight of bank statement as evidence; consequences where defendants do not file witness statements; reconciliation of accounts and judgment for reduced sum.
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10 June 2025 |
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An administrator’s sale of estate land without vesting assent is void; purchaser not entitled to title but awarded damages.
Administration of estates – Letters of administration do not confer beneficial title – Vesting assent required before alienation of estate land – Administrator’s sale without vesting assent void – Nemo dat quod non habet – Possession and payments evidenced but purchaser not entitled to title – Specific performance refused – Damages for reckless misrepresentation.
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10 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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Appellants' conspiracy convictions and first appellant's robbery conviction upheld; cautioned statements admissible and 15‑year sentences affirmed.
Criminal law – Conspiracy to commit robbery – Elements and proof; Robbery – force and use of offensive weapons; Admissibility of investigation/charged cautioned statements after mini‑trial; Sentencing – statutory minimum where offensive weapons used; Appellate review on rehearing.
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9 June 2025 |
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Whether the plaintiff proved title against an unknown trespasser and was entitled to possession, removal of structures, damages and costs.
Land law – declaration of title – identification of land by indenture and plan – suit against unknown trespasser – substituted service – burden of proof in civil cases (preponderance of probabilities) – remedies: possession, removal of structures, damages and costs
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5 June 2025 |
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Whether the High Court may use inherent jurisdiction to set aside an expungement order and recall an absent witness.
Civil procedure — Inherent jurisdiction of High Court — Power to vary interlocutory or irregular orders — Limits where order is final or functus officio; review jurisdiction curtailed by statute (C.I. 47/CI 133); expungement of absent witness evidence; requirement of exceptional circumstances and proof of absence.
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4 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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Plea bargain from murder to manslaughter accepted; accused convicted on plea and sentenced to six years' imprisonment.
Criminal law – Plea bargaining – Reduction of charge from murder (s.46) to manslaughter (s.50) – Absence of calculated premeditation – Mitigation and sentencing considerations – Saving of court resources – Relevant precedents (Apaloo, Kwashie, Ignatius Howe).
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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 imposed 11-year term and GHS6,000 compensation for attempted murder, weighing guilty plea, custody time and seriousness.
Criminal law – Attempted murder – sentencing discretion under s48 (Act 29) and s296(1) (Act 30) – mitigating weight of early guilty plea, remorse and pre-sentence custody – compensation under ss.148–149 Act 30 – prior relationship not justification for violence.
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3 June 2025 |
