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Citation
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Judgment date
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| February 2025 |
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11 February 2025 |
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11 February 2025 |
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Court rules buyer's responsibility for withholding tax in gold transactions; voids claimed agreement for seller payment.
Tax law – withholding tax obligations – buyer's responsibility under Income Tax Act – lack of enforceable alternative agreements.
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10 February 2025 |
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Convict sentenced to nine years for robbery and making threats of death using a cutlass.
Criminal Law – robbery – burden of proof – threat of death – evaluation of evidence – reasonable doubt.
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10 February 2025 |
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Estate claims dismissed due to procedural defects; court advises joint administration involvement in inheritance matters.
Estates - Devolution of property of the deceased - Intestate Succession Law application - Joint property rights - Defective estate litigation procedure
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6 February 2025 |
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Guilty-with-explanation plea upheld as judicial confession; conviction affirmed and sentence reduced to seven years.
Criminal law – defrauding by false pretences – guilty plea with explanation; where explanation admits offence plea stands as judicial confession. Criminal procedure – plea recording and voluntariness; self-representation valid. Sentencing – judicial discretion within statutory limits; mitigation (remorse, refund, restitution, first offender) justifies reduction of term.
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6 February 2025 |
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A Rent Magistrate isn't obligated to re-open a case referred by a Rent Officer unless exercised judicially.
Landlord-tenant law – Rent Magistrate's discretion – Obligation to re-take evidence post-Rent Officer reference – Procedural fairness.
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6 February 2025 |
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Application for certiorari dismissed as issues pertained to merits, not procedural or jurisdictional errors.
Certiorari - Application to quash District Court ruling - Allegation of jurisdictional errors and procedural irregularities - Claim dismissed as concerning decision merits.
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6 February 2025 |
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Guilty plea was voluntary; drawing a knife and threatening to take shop takings supported robbery; appeal dismissed.
Criminal law – Robbery – guilty plea as judicial confession – voluntariness and understanding of plea – threat with knife constitutes robbery – exhibit unnecessary after guilty plea – sentencing minimums for robbery with offensive weapon.
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6 February 2025 |
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5 February 2025 |
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Whether substituted service (including WhatsApp) conferred jurisdiction and whether the respondent proved conversion of the purchased vehicle.
Civil procedure – Service of process – Personal service versus substituted service under Order 4 rule 5 – substituted service via delivery and electronic means (WhatsApp) – effect on jurisdiction; Tort – Conversion – title passing at auction and withholding of chattel; Appellate review – credibility findings and weight of evidence.
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3 February 2025 |
| January 2025 |
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Court dismissed land ownership claim due to insufficient evidence of title and proof of possession by the Plaintiffs.
Land Law – Declaration of Title – Proof of ownership – Identity of disputed land – Trespass – Burden of proof.
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31 January 2025 |
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Court upholds shareholder's claim for unpaid dividends and dismisses directors from personal liability.
Contract law - investment agreements - shareholder rights - estoppel - collateral agreements
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31 January 2025 |
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The court ruled the sale of matrimonial property without spouse's consent unlawful and set it aside.
Matrimonial property - joint ownership - determination of rightful ownership and consent in property dealings - illegal sale of joint property.
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30 January 2025 |
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Court finds wrongful removal of Company Secretary oppressive, orders share purchase by company.
Company law - Oppression of minority shareholders - Capacity to sue - Validity of company resolutions and appointments
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29 January 2025 |
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Appellate court affirmed conviction on adequate identification evidence and reduced robbery sentence to fifteen years IHL.
Criminal law – Conspiracy to commit robbery and robbery – proof of identification; sufficiency of victim and police evidence; non-fatal absence of identification parade. Evidence – effect of inconsistent statements and failure to call alibi witness; burden of production and reasonable doubt. Sentencing – reduction of an excessive sentence to statutory minimum; concurrent sentences; commencement date of sentence.
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28 January 2025 |
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Court dismisses Plaintiff's suit for lack of locus standi in debt claim against Defendants.
Commercial law - assignment of debt - locus standi - corporate veil - contractual obligations.
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28 January 2025 |
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28 January 2025 |
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27 January 2025 |
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The court found the 1st Defendant liable for outstanding debts and dismissed claims against the 2nd Defendant.
Commercial transaction - credit sales agreement - financial assistance disputes - corporate liability versus personal liability of directors.
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27 January 2025 |
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Plaintiff failed to prove title; court declared the 46.887‑acre parcel part of Katamanso/Nungua stool lands and granted perpetual injunction.
Land law – Declaration of title – Burden of proof: root of title, mode of acquisition, identity and possession – Admissibility: unstamped document excluded under Stamp Duty Act s.32(6) – Effect of Supreme Court decisions setting aside earlier appellate judgment relied on by claimant – Surveyor’s composite plan and overt acts of development as evidence of possession – Perpetual injunction and declaration in favour of grantor/stool rights.
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27 January 2025 |
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The court dismissed the Plaintiff's claims to land ownership, affirming the land belonged to Katamanso and Nungua Stool lands.
Land law – Ownership dispute – Challenge to Plaintiff’s title based on judicial precedent and fraud – Declaration favoring Defendants' title over disputed land – Dismissal of Plaintiff’s claims.
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27 January 2025 |
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Appellant’s abetment conviction quashed where prosecution failed to prove knowledge and intent.
Criminal law – Abetment of robbery – Requirement of actus reus and mens rea – Abettor’s act must precede or be contemporaneous with offence – Proof of knowledge and intention required; appellate re-hearing and assessment of defence credibility.
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27 January 2025 |
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Plaintiff's claim for debt recovery and interest dismissed due to insufficient evidence linking transactions to 1st defendant.
Commercial law – debt recovery – alleged breach of contract – necessity of proof of contractual terms including interest rate agreements.
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24 January 2025 |
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24 January 2025 |
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24 January 2025 |
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Fraudulent land transaction where the 3rd defendant misled plaintiffs, taking cars without delivering promised land.
Land transaction fraud – False representation – Fraudulent collection of payment under false pretenses without delivering land.
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23 January 2025 |
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Accused convicted of defilement based on the victim's testimony and corroborative medical evidence.
Criminal law – defilement – evidence – burden of proof – corroboration in cases involving minors.
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23 January 2025 |
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23 January 2025 |
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Appellant's defense against fraudulent land sale allegations leads to trial court judgment being set aside.
Land law – Breach of contract – Fraud – Proof of ownership – Reliance on non-tendered evidence in judgment
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22 January 2025 |
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22 January 2025 |
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The court granted the plaintiffs a declaration of land title, affirming their ownership and awarding damages for trespass.
Land Law – Declaration of title – Proof of ownership – Burden of evidence – Acts of possession.
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21 January 2025 |
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The court resolved a contract dispute, upholding a bank's claim of unpaid debt while awarding damages for unauthorized deductions.
Contract Law – Fulfillment of Settlement Terms – Unauthorized bank deductions – Debt discharge and obligations.
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20 January 2025 |
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The court acquitted the Appellant due to errors in burden of proof and reliance on irrelevant evidence.
Criminal Law – Burden of proof – Reliance on irrelevant evidence – Miscarriage of justice – Appellant acquitted
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20 January 2025 |
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Customary marriage found in 2001, but disputed properties not proved as jointly acquired; estate governed by PNDCL 111.
Probate and administration — Intestacy — Customary marriage date — Jointly acquired/matrimonial property — Burden of proof on claimant to establish joint acquisition — Distinction between distribution on divorce (matrimonial property jurisprudence) and distribution on intestacy under PNDCL 111 — Intermeddling allegations raise criminal/procedural issues and may be pursued in appropriate forum.
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17 January 2025 |
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Court rules on property distribution of deceased's estate, emphasizing adherence to Intestate Succession Law over joint matrimonial claims.
Matrimonial property – Distribution upon death – Evidence required for joint acquisition claim – Intestate succession – Rights of surviving spouse and children.
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17 January 2025 |
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Court invalidated the purported will for lack of due execution and upheld the administrators’ grant; bank held not liable.
Wills and probate – validity and due execution – requirement of testator’s signature and attestation in presence of two witnesses – burden to prove genuineness when forgery alleged. Suspicious circumstances doctrine – large devise to caregiver/substantial beneficiary requires propounder to dispel suspicion. Forgery and expert evidence – forensic handwriting opinion admissible but not binding; court may compare signatures and reach its own conclusion. Letters of administration – grant may be revoked for fraud, but fraud must be proved; where will is declared invalid, grant stands if properly obtained. Bank liability – bank not negligent where account-holder identity/naming discrepancies exist; KYC and customer database evidence relevant.
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17 January 2025 |
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The court invalidated a purported will and upheld Letters of Administration due to lack of evidence of fraud by Defendants.
Probate Law – Will validity – Fraudulent procurement of Letters of Administration – Estate management and administration – Signature examination on alleged testament documents.
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17 January 2025 |
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Court invalidated alleged will due to lack of proof, upholding the letters of administration granted to Defendants.
Wills and Probate – Validity of purported will examined – Letters of Administration properly granted in absence of valid will – Alleged fraud in administration proceedings unproven.
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17 January 2025 |
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Plaintiffs failed to prove the disputed land’s identity; court dismissed both the challenge to the will and counterclaim for lack of evidence.
Probate and testamentary disputes – validity of will – propounder’s duty to place will in evidence; Land title disputes – identity of land, root of title and mode of acquisition; Burden and standard of proof in land claims – preponderance of probabilities; Lands Commission search results – do not by themselves confer or guarantee title; Relevance of unchallenged witness evidence and composite/site plans in boundary/identity disputes.
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17 January 2025 |
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Dispute over the validity of a will and land ownership dismissed due to lack of evidence proving plaintiff's claims.
Property Law - Testamentary Capacity - Land Ownership - Declaratory Relief - Burden of Proof in Land Disputes
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17 January 2025 |
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The plaintiff was granted judgment for land ownership due to defendants' non-appearance and credible evidence presented.
Land law - Declaration of title - Trespass - Burden of proof - Default judgment
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16 January 2025 |
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Immigration officers' initial stop was justified by a 94% database match, but ignoring police clearance on re‑presentation amounted to negligence and rights violation.
Immigration law – stop‑list and embarkation duties; Negligence – duty of care of public authorities performing statutory duties; Administrative procedure – verification of police clearance; Constitutional rights – freedom of movement and protection of personal liberty; Vicarious liability for officers' negligent acts.
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16 January 2025 |
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German supplier successfully awarded USD$247,848.80 with interest for unpaid poultry goods delivered to buyer.
Contract Law - Sale of Goods - Breach of Contract - Recovery of Debt - Interest and Costs
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16 January 2025 |
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Applicant failed to prove title to entire parcel; respondent entitled to remainder excluding established overlap.
Land law — declaration of title and recovery of possession — proof of identity and limits of land; burden of proof where defendant files counterclaim; proof of possession (boundary pillars) in urban context; use of composite/site plans and survey evidence to resolve competing claims; multiple sales and nemo dat quod non habet — resale invalid only to extent of overlap; validity of lease executed by non-gazetted chief; injunction and possession.
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14 January 2025 |
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Court determines entitlement of disputed land sections based on evidence and validity of overlapping claims.
Land Litigation – Burden of Proof – Land Possession – Overlapping land claims – Validity of lease from non-gazette chief.
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14 January 2025 |
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Plaintiff was granted a declaration of land title due to a valid leasehold, with damages awarded for Defendant's trespass.
Land Law – Declaration of title – Proof of land ownership – Encroachment and trespass – Evidence of possession and title.
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14 January 2025 |
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The Plaintiffs win land title dispute due to prior judgment invalidating Defendant's grantor's claim.
Property Law - Land Title - Conflicting Claims - Validity of Grantor's Title - Effect of Court Judgment on Land Title
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14 January 2025 |
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A guilty-with-explanation plea is valid where the charge and facts were properly explained and the explanation is consistent with guilt.
Criminal procedure – summary trials – requirement to state and explain substance of charge and facts (s.171 Act 30) – s.199 applies to indictable trials only. Plea – "guilty with explanation" – where explanation confirms guilt court may convict on plea; otherwise enter not guilty. Dishonestly receiving – elements and sentencing within statutory limits. Sentencing – appellate interference only for demonstrable misdirection or wrong material.
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13 January 2025 |
| December 2024 |
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20 December 2024 |
