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Citation
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Judgment date
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| 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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A High Court lacks jurisdiction over disputes challenging a person’s enstoolment as chief; writ set aside.
Chieftaincy law – Cause or matter affecting chieftaincy – Challenges to nomination/selection/enstoolment – Requirement to adduce evidence on enstoolment – Jurisdictional bar to High Court’s original jurisdiction; use of L.I. 798/CI 27 and traditional council/House of Chiefs procedures.
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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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Jury acquitted accused of rape; court examined admissibility/weight of confessions and role of corroboration under Ghana law.
Criminal law – Rape – Elements: carnal knowledge, identity, consent, age – Evidence Act: corroboration not legally required (s.7) but cautionary; confession admissible if voluntary (s.120) – Weight and credibility of confessions and inconsistent testimony – Role of jury verdict.
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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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Defendant bound by signed loan terms; liable for GH¢224,930.54 plus contractual interest; mortgage sale alternative.
Contract law – Loan agreement – Acceptance by signature – Mortgage and indemnity as security – Breach for failure to repay – Contractual interest – Judicial sale as alternative remedy – Striking out defence for non-compliance with pre-trial directions; substituted service.
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27 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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Plaintiff failed to prove the land was included in state acquisition E.I.18; claim dismissed, costs awarded.
State lands – compulsory acquisition under Executive Instrument E.I.18 – necessity of tendering acquisition plan (LCS/GAR 678/85280) to prove inclusion – burden of proof on claimant – failure to produce acquisition plan defeats claim – dismissal and costs.
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23 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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Court held respondent not guilty of contempt; injunction filing did not bar a duly installed chief from performing duties.
Contempt of court – chieftaincy proceedings – jurisdiction to bring contempt application (judicial committee certification vs individual suitor) – effect of filing interlocutory injunction on a duly installed chief – Section 61 Chieftaincy Act (good faith customary acts) – Order 50 C.I.47.
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22 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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Uncontested evidence of expired lease and stool's allodial title entitled the plaintiff to declaration, possession and perpetual injunction.
Land law – Stool/allodial title – Proof of ownership by unchallenged evidence; Expiry of lease (1956, 50 years) with no renewal — lessees’ title extinguished; Trespass — unauthorized occupation by defaulting defendants; Reliefs: declaration of title, recovery of possession, perpetual injunction, costs.
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21 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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The applicants failed to prove title; the respondent's registered grant and possession established superior title.
Land law – proof of title – burden of proof and preponderance of probabilities – requirement to prove root of title and boundary ownership – credibility and authenticity of indentures – effect of registered Land Title Certificate and possession.
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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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Abscondence does not suspend a sentence; replacement warrant upon rearrest is valid and the applicant's appeal is dismissed.
Criminal law – Warrant of commitment – Sentence commencement – Abscondence does not suspend sentence; time at large excluded – Fresh warrant upon rearrest valid – Appellate judgment void if obtained by nondisclosure of material facts – Escape (s.226 Act 30).
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21 May 2025 |
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Defendant declared owner by part performance; plaintiff’s land title cancelled for fraud and injunction granted protecting defendant’s possession.
Land law – title disputes – conflicting grants from same grantor; possession and part‑performance – equitable remedy where formal transfer absent; cancellation of land title procured by fraud; failure to call material witness undermining title claimant.
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20 May 2025 |
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Respondent declared owner by part performance; applicant's registered title cancelled for being procured by fraud.
Land law – ownership dispute where both parties trace title to same grantor; evidential burden and failure to call material witness; forged/back-dated documents and unsigned parcel plan; fraudulently procured land title; part performance and equitable relief; declaration of title, cancellation of registered title and injunctive protection; Registrar authorised to execute indenture on default.
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20 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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Conviction for threat of death upheld; sentence reduced from four to three years imprisonment.
Criminal law – Threat of death – Sufficiency and assessment of evidence – contemporaneous presence of weapon – witness credibility; Appeal against sentence – manifest excessiveness and appellate mitigation.
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14 May 2025 |
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Appeal against 15-year sentence for defiling a five-year-old dismissed; sentence upheld as not excessive.
Criminal law – Defilement of a child – Sentence – Whether 15 years is excessive – Appellate review of sentencing discretion – Aggravating factors: victim’s age and premeditation – Mitigation: plea and offender’s health.
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13 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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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 |
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9 May 2025 |
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9 May 2025 |
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Long undisturbed possession established entitlement to possession and injunction but not a declaration of title.
Land law – Possession versus title – Stool land disputes – Proof of long, undisturbed possession and tenancy receipts – Striking out defence for non-compliance with case management rules – Improper unilateral withdrawal of counsel without leave.
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8 May 2025 |
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Conviction for child trafficking and exploitative labour affirmed; parental consent is no defence and minimum sentences apply.
Human trafficking – child trafficking and conspiracy – parental consent void in child trafficking prosecutions; exploitative and hazardous child labour (fishing) – Children’s Act; duty to provide necessaries of life and causing harm by omission; statutory minimum sentences and limits of mitigation under Human Trafficking Act.
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6 May 2025 |
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Court confirms land encroachment by defendants and orders removal of structures, granting title to plaintiffs.
Property law – land boundary disputes – encroachment – survey evidence as proof of encroachment.
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6 May 2025 |
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Consent judgment for the applicant ordering property value, recovery (or value) of cement blocks, and GHS 5,000 damages and costs.
Civil procedure — Consent judgment — Acceptance of valuation by respondent — Recovery of property market value and chattels — Award of general damages and costs.
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5 May 2025 |
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2 May 2025 |
| April 2025 |
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Contract terms bind parties: the named employer, not the statutory funding agency, must pay certified contract sums.
Contract law – Construction contracts – Unambiguous written agreement binding parties; Employer named in contract liable for certified payments; Project Manager/Consultant as Employer’s agent; Statutory funding arrangements do not displace contractual obligations; Clause 43.1 – late payment interest.
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30 April 2025 |
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29 April 2025 |
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Circuit Court lacked jurisdiction on the first-degree offensive-weapon charge; causing-harm conviction upheld but sentence reduced to two years.
Criminal law – Jurisdiction – First degree felony and trial on indictment – Use of offensive weapon (s.70 Act 29); Criminal law – Causing harm (s.69 Act 29) – sufficiency of facts – Sentencing – appellate substitution for excessive sentence; Circuit Court lacked jurisdiction for first-degree offence.
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17 April 2025 |
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Application for certiorari dismissed as procedural errors claimed are within appellate remedy, not judicial review.
Fair trial rights – Criminal procedure – Judicial review – Certiorari application – Language of proceedings – Legal representation
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17 April 2025 |
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Court awarded declaratory title, possession, injunction and damages after plaintiff proved root, mode and possession.
Land law — Declaration of title — burden of proof: root of title, mode of acquisition and overt acts of possession — Court may proceed where defendants default after proper service — Trespass, injunction, damages — Order to Lands Commission to register title.
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16 April 2025 |
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Court set aside default judgment, allowed late filing of defence, and awarded costs to the plaintiff.
Civil procedure – Default/interlocutory judgment – Setting aside – Court’s discretion to allow defence out of time where no final judgment delivered – Actual and constructive notice – Non-compliance not automatically void – Costs for procedural default.
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16 April 2025 |
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Plaintiff proved root of title, possession and entitlement to declaration, possession, injunction, damages and registration.
Land law – declaration of title – proof by preponderance of probabilities – requirement to prove root of title, mode of acquisition and overt acts of possession – identification of land by boundaries – court proceeding in defendant’s default – injunction and damages for trespass – order to Lands Commission to register title.
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16 April 2025 |
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The court grants declaration of title and recovery of possession of land, awarding damages for trespass.
Land Law – Declaration of title – Trespass – Default Judgment – Proof of Ownership – Perpetual Injunction.
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16 April 2025 |
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Plaintiff's insufficient evidence leads to dismissal of land ownership claim; fraud claims not substantiated.
Land law – declaration of title – burden of proof in civil cases – fraud in land transactions – limitations and acquiescence.
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16 April 2025 |
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Court dismisses claims of breaches in finance lease agreements due to lack of evidence and unlawful interest compounding.
Finance Lease Agreements – Breach of contract claims – Unlawful compounding of interest – Lease equipment recovery claims.
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11 April 2025 |
