|
Citation
|
Judgment date
|
| April 2025 |
|
|
Claimants failed to prove ownership of two vehicles; DVLA records entitled execution creditor to seize them; costs awarded.
Civil procedure – interpleader — third-party claims to goods attached in execution — burden of proof on claimant under Evidence Act (NRCD 323) sections 12,13,14,17; Evidence — vehicle registration and DVLA certified records as probative proof of ownership; Property law — payment by an entity does not by itself establish legal ownership absent documentary proof tying payment to the specific vehicle.
|
11 April 2025 |
|
Applicant failed to prove contempt; injunction applied to named caretakers, not the parties, so application dismissed with costs.
Contempt of court – requirement of prima facie case and proof beyond reasonable doubt – construction of interlocutory injunction and subsequent order – injunction directed at named caretakers to manage farm and pay proceeds into court, not at parties or Registrar – insufficiency of photograph and uncorroborated allegations.
|
11 April 2025 |
|
Convictions for conspiracy, stealing and forgery upheld; cautioned statements admissible; sentences reduced to concurrent one year three months.
Criminal law – conspiracy to steal and stealing – elements: non‑ownership, appropriation, dishonesty; documentary proof and admissions
Evidence – cautioned statements – objections to accuracy/foundation go to weight; mini‑trial/voir dire not required absent challenge to voluntariness
Defence – uncorroborated exculpatory accounts must be supported to raise reasonable doubt
Sentencing – mitigation (first offender, partial restitution) may justify reduction and substitution of custodial terms
|
10 April 2025 |
|
Plaintiff's conversion claim against Defendant dismissed due to lack of credible evidence and witness support.
Tort - Conversion - evidence requirement - Plaintiff's burden of proof in conversion claims - Defendant denial upheld by witness testimony
|
10 April 2025 |
|
The appeal against a 15-year robbery sentence was dismissed due to statutory minimums and valid guilty plea.
Criminal Law – plea of guilty – robbery vs stealing – sentence for robbery using offensive weapon – minimum statutory sentence.
|
7 April 2025 |
|
Court finds prima facie evidence for membership in prohibited organizations against some accused, acquits others.
Criminal Law – Prohibited Organizations – Membership and participation – Establishment of prima facie case – Burden of Proof.
|
7 April 2025 |
|
Whether prosecution proved beyond reasonable doubt that the accused caused the victim’s death by unlawful strangulation.
|
7 April 2025 |
|
A confession and circumstantial evidence supported a murder conviction despite no eyewitness or forensic linkage.
Criminal law – Murder – Elements: death, unlawful harm, intent, causation – Burden of proof beyond reasonable doubt – Confession evidence: admissibility and weight – Circumstantial evidence and absence of forensic/eyewitness linkage – Jury direction and majority verdict.
|
4 April 2025 |
|
Covert audio recordings may be admitted if probative value outweighs prejudice under the discretionary exclusion test.
Evidence – Admissibility of covert audio recordings – Relevance under Evidence Act ss. 51 and 52. Constitutional rights – Right to privacy – Discretionary exclusion of evidence obtained in breach of human rights (Cubagee discretionary test). Balancing test – Probative value versus risk of unfair prejudice or bringing administration of justice into disrepute
Procedure – Admitted evidence' weight to be tested by cross-examination at trial
|
3 April 2025 |
|
The court dismissed the contempt application as the Applicants failed to prove willful disobedience beyond reasonable doubt.
Contempt of Court – Willful disobedience of court order – Civil contempt – Burden of proof – Standard of proof beyond reasonable doubt.
|
3 April 2025 |
|
A plaintiff may displace a registered title obtained by fraud and recover customary (stool) land by unchallenged evidence.
Land law – Stool/customary land – capacity to alienate – Indefeasible title under Land Act – fraud and collusion as ground to set aside registration – burden of proof and effect of unchallenged evidence – remedy of cancellation/deletion of title.
|
2 April 2025 |
| March 2025 |
|
|
The court rejected the claimant's ownership claim due to contradictory evidence regarding the attached property.
Property law – Interpleader proceedings – Claim of ownership of attached property – Burden of proof and evidential disputes – Conflicting testimony and records.
|
28 March 2025 |
|
High Court dismisses application to refer Prohibited Organizations Act's constitutionality to Supreme Court for interpretation.
Criminal law – Prohibited Organizations Act – Constitutional challenge – Procedure for constitutional interpretation referrals – Freedom of expression and association.
|
27 March 2025 |
|
Court awards damages for defamatory statements, orders public apology and restrains future defamation.
Defamation - publication of defamatory statements - injurious to reputation - public apology and damages awarded.
|
26 March 2025 |
|
Conviction set aside where a duplicitous charge and lack of evidence of agreement rendered the verdict unsafe.
Criminal law – Conspiracy – requirement of an agreement to act together (s.23(1) Act 29); Duplicity – joinder of distinct offences in one count contrary to s.109 Act 30; Defrauding by false pretence (s.131) and Fictitious trading (s.135) – elements; Appeal by rehearing – substantial miscarriage of justice remedy.
|
26 March 2025 |
|
Bail pending appeal requires exceptional circumstances and clear errors in the judgment to be granted.
Criminal law – Bail pending appeal – Criteria for granting bail – Exceptional circumstances required – Family and reconciliation considerations insufficient.
|
25 March 2025 |
|
Buyer failed to prove defendants sold or delivered a different or defective excavator; claim dismissed, costs awarded.
Contract and sale — procurement vs sale — facilitator who procures and ships goods at buyer’s instruction; evidence — identity of goods established by chassis/shipping documents; second‑hand goods — normal wear and tear not actionable against facilitator; burden of proof — balance of probabilities.
|
20 March 2025 |
|
Employees suspended during employer’s cessation of operations entitled to three months' suspension pay and one month's pay in lieu of notice.
Labour law – suspension of operations versus lawful termination; statutory notice and pay in lieu (Labour Act, Act 651, s.17); entitlement to suspension pay; interest at Bank of Ghana rate; costs.
|
20 March 2025 |
|
Defaulting defendants; plaintiff’s assignment and Traditional Council confirmation established title, possession and perpetual injunction, with costs awarded.
Land law – title by assignment and customs authority confirmation; possession – entitlement to recovery where owner establishes title; injunctions – perpetual restraint against interference; default judgment – effect of defendant’s non‑appearance and uncontested evidence.
|
20 March 2025 |
|
Court finds insufficient proof of embezzlement and duress; orders defendant to pay partial sum with interest.
Contract Law – Mortgage and repayment agreements – Evidence required to support claims of duress in contractual agreements – Legal capacity of a company to sue post-sale.
|
17 March 2025 |
|
Invalid arbitration due to lack of voluntary submission and breach of natural justice overturned on appeal.
Arbitration – Validity of customary arbitration – Voluntary submission – Breach of natural justice – Application to set aside award.
|
17 March 2025 |
|
Appellate court set aside aggravated sentence where s300 was improperly applied absent proof or admission of prior convictions.
Criminal law – Sentencing jurisdiction of District Court (s48 Courts Act) – Limits to summary punishment – Application of s300 Act 30 (previous convictions) requires proof or admission of prior, similar convictions – Mitigation for first offenders and youth – Substitution of excessive sentence.
|
17 March 2025 |
|
Plaintiff awarded general damages for unproven vehicle rental costs post-accident but must mitigate losses.
Tort law – Negligence – Vehicle accident – Claim for loss of use – Mitigation of damages – Special vs. general damages.
|
13 March 2025 |
|
Applicant held registered title; respondent’s structures encroached, entitling applicant to declaration, removal order, injunction and costs.
Land title – identity of parcel – requirement to establish land identity; Encroachment and trespass – court‑appointed surveyor evidence; Public access route asserted as defence – evidential burden on party alleging public right; Proof of demolition and deposition of materials – need for contemporaneous or corroborative evidence; Remedies – declaration of title, removal of encroaching structures, perpetual injunction, reinstatement of drainage, costs.
|
13 March 2025 |
|
|
13 March 2025 |
|
Lack of an Ayigbe interpreter did not vitiate proceedings, but convictions on two counts were set aside for procedural irregularity.
Criminal procedure – Right to interpreter – language of trial and accused’s preferred language; Plea of guilty – court’s duty to elicit and consider explanations under s171(3) Act 30; Human trafficking (Act 694) – elements and minimum sentence; Compensation to victim under s19(1) Act 694; Discretion to order retrial where convictions set aside.
|
13 March 2025 |
|
The Plaintiff retains authority over the Kotwi Stool Lands due to the Defendant's failure to prove destoolment.
Traditional authority - Chief's authority over stool lands - Proof of destoolment - Alienation of stool lands
|
11 March 2025 |
|
Appellants had their conviction upheld but sentences reduced from two years to six months due to procedural flaws and mitigating factors.
Criminal Law - Appeal - Guilty plea - Procedural breaches and understanding of charges - Sentence reduction - Mitigating factors considered.
|
10 March 2025 |
|
Applicant failed to prove alleged property interference amounted to contempt; committal application dismissed.
Contempt of court — indirect contempt — obstruction of administration of justice; burden of proof beyond reasonable doubt in committal proceedings; limitation to grounds pleaded in supporting affidavit (Order 50 Rule 3(3)); adequacy of photographic and documentary evidence to prove contempt.
|
10 March 2025 |
|
Claimant’s claim of joint ownership of the mortgaged property rejected; judgment creditor may realise the registered mortgage.
Property law – Interpleader/Notice of claim – Whether disputed property is jointly owned or matrimonial home – Effect of inconsistent testimony; burden of proof. Security interests – Validity and enforceability of mortgage registered at Collateral Registry under Borrowers and Lenders Act, 2020 (Act 1052)
Execution – Right of judgment creditor to realise properly registered collateral
|
7 March 2025 |
|
Claimant’s inconsistent evidence failed to establish joint ownership; properly registered mortgage enforceable and execution may proceed.
Property law – matrimonial property – whether property mortgaged during subsistence of marriage is jointly owned – proof and onus; Registered mortgage – Collateral Registry under Act 1052 – enforceability; Interpleader/notice of claim – requirement of credible evidence of contribution or joint acquisition.
|
7 March 2025 |
|
Parties resolved a family succession dispute by consent; court adopted the settlement appointing the nominated successor.
Civil procedure – consent judgment – family succession dispute – parties’ settlement reached via Court Connected ADR – court adopts settlement as consent judgment; customary rites and waiver of costs provided for in settlement.
|
5 March 2025 |
|
Respondent convicted of civil contempt for willfully developing disputed land after being served with an interlocutory injunction motion.
Contempt of court – Civil contempt for willful disobedience of interlocutory application – Standard of proof beyond reasonable doubt – Photographic evidence and party’s own affidavit as proof – Jurisdiction/venue and practice‑direction considerations.
|
5 March 2025 |
|
Whether the plaintiff’s prior possession and earlier indenture defeat the defendant’s subsequently registered land title certificate.
Land law – competing derivatory titles from same grantor – priority/first-in-time – evidential burden – possession as proof of title – indefeasibility of registered title subject to displacement by prior possession/earlier grant – superimposition of site plans and trespass/demolition.
|
4 March 2025 |
|
Flawed identification parade and an uncorroborated alibi did not displace a credible victim identification; conviction upheld, sentence reduced.
Criminal law – Identification: police standing orders for parades are guidelines; irregularities do not automatically vitiate positive identification where witness had clear opportunity to observe. Criminal law – Alibi: burden on accused to adduce credible corroboration to raise reasonable doubt; unproved alibi may be rejected as afterthought
Evidence – Essential ingredients: victim’s age and medical evidence may satisfactorily establish offence elements
Sentencing – Reduction in sentence permissible for mitigating factors (youth) within statutory range
|
4 March 2025 |
|
Court requires accused to present defense as prosecution established prima facie case for tax non-payment.
Criminal Law - submission of no case - prima facie case - tax liability - Revenue Administration Act
|
4 March 2025 |
| February 2025 |
|
|
Appeal dismissed; guilty plea upheld as judicial confession, no miscarriage of justice in trial proceedings.
Criminal law - preparation to commit a crime - guilty plea - judicial confession - procedural fairness
|
28 February 2025 |
|
Court upheld a 10-year sentence for attempted robbery, finding no procedural errors or miscarriage of justice.
Criminal procedure – Guilty plea – Compliance with procedural requirements – Validity of conviction for attempted robbery.
|
28 February 2025 |
|
Whether the respondent may remain in the matrimonial home when the applicant's ordinance marriage still subsists.
Family law – validity of ordinance marriage v alleged customary marriage; proof of divorce; concubinage does not amount to customary marriage; presumption of joint ownership of property acquired during marriage; possession and trespass remedies post-death.
|
28 February 2025 |
|
Plaintiff failed to prove lease renewal; tenancy held to have expired in 2005 and claim dismissed, costs awarded to defendant.
Land law – lease renewal – burden of proof on party alleging extension; proposal letter vs executed lease; credibility of witness evidence and material inconsistencies; failure to call material witnesses – adverse inference; equitable leasehold interest; owner’s right to renovate/demolish with permit.
|
28 February 2025 |
|
A guilty plea must be changed to not guilty if the accused’s explanation raises a defence under section 171(2).
Criminal procedure — plea of guilty — duty of trial judge under section 171(2) Act 30 to change plea where accused’s explanation raises a defence — accident and death not conclusive proof of negligence — miscarriage of justice — conviction set aside; no retrial where sentence partly served.
|
28 February 2025 |
|
Court rejects application to unfreeze account, citing unpaid judgment debts and emphasizing substantive justice.
Civil Procedure - enforcement of judgment - interpretation of judgment obligations - substantive justice over procedural technicalities.
|
28 February 2025 |
|
Appellate court dismissed challenge to sentence; sentencing discretion was lawfully exercised and not manifestly excessive.
Criminal law – Sentencing discretion – Appeal – Interference only if sentence manifestly excessive or wrong in principle – Careless and inconsiderate driving (Road Traffic Act) – Negligently causing harm (Criminal Offences Act) – Concurrent and consecutive sentences – Mitigating factors.
|
28 February 2025 |
|
The court enforced specific performance of a valid land sale contract, despite Defendant's breach and attempted abrogation.
Contract Law – Sale of Land – Validity of Contract – Breach of Contract – Specific Performance
|
27 February 2025 |
|
The court upheld original shareholding and directorship of a company after fraudulent posthumous alterations.
Company law - Shareholding in a limited liability company - Fraudulent alteration of shareholding and directorship records - Verification of original incorporation details.
|
26 February 2025 |
|
Plaintiff awarded Ghs 67,502.16; defendant’s partial counterclaim upheld with modifications and mutual set‑off ordered.
Commercial law – agency for purchase and supply of goods – contractual terms and commission rates; burden of proof in counterclaim; admissibility and weight of documentary evidence (receipts, bank statements, power of attorney); assessment, adjustment and set‑off of mutual claims; interest and costs awards.
|
25 February 2025 |
|
3rd Defendant's properties cannot be used to satisfy the judgment debt for an unconsented mortgage securing an overdraft.
Civil Procedure - Mortgage Security - Breach of Mortgage Agreement - Execution Without Consent - Mortgages Act 1972 (NRCD 96)
|
24 February 2025 |
|
Whether the respondents are liable for unpaid rent and negligent fire damage to the applicant's premises.
Landlord–tenant relationship – substituted service and default – proceeding on plaintiff’s unchallenged evidence; Negligence – faulty air‑conditioning/electrical maintenance causing fire; Assessment of damages – adjustment of claimed repair invoices; Interest and costs awarded.
|
24 February 2025 |
|
The Court found improper auctioning of Plaintiff's goods due to delayed FOB value review, awarding damages.
Customs and revenue - FOB value review - procedural fairness in hearing and response - compliance with auctioning and confiscation laws.
|
21 February 2025 |
|
A fresh interlocutory application based on new evidence may be allowed despite an earlier refusal; prior ruling set aside.
Civil procedure – interlocutory injunction – fresh evidence after refusal – repeat application permissible where new material could change outcome. Procedural form v. substance – court may treat mislabelled motion as fresh application and amend heading to do substantial justice
Evidence – supplementary affidavit and photographs filed pre‑transfer admissible and material to interlocutory relief assessment. Injunction test – American Cyanamid criteria applied: serious issue, status quo/irreparable harm, balance of convenience
|
21 February 2025 |
