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Citation
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Judgment date
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| 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 |
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Appellate court affirms 22-year sentence for violent robbery and conspiracy, finding sentencing within statutory limits and not excessive.
Criminal law – Robbery and conspiracy – Robbery with offensive weapons attracts statutory minimum sentence; conspiracy liable where offence committed. Sentencing – Judicial discretion – must be exercised according to law and reason; appellate interference only if manifestly excessive or wrong in principle. Previous convictions – may be considered to justify increased sentence. Mitigation pleas (remorse, reformation, prison conditions, dependents) are pleas for mercy, not necessarily grounds for appellate interference.
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20 December 2024 |
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20 December 2024 |
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20 December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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18 December 2024 |
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Trial in absentia upheld; convictions for multiple counts of fraud and money laundering, ten‑year concurrent sentence and GH¢562,000 restitution ordered.
Criminal procedure – Trial in absentia – Article 19(3)(a) Constitution – lawfulness where accused absconds after notification. Fraud – Defrauding by false pretences (Act 29) – elements: representation, falsity, intent to defraud, obtaining consent to part with property. Money laundering (Act 1044) – predicate offence requirement, proceeds of unlawful activity, saving provisions and evidential presumption regarding unexplained/disproportionate property. Sentence – concurrent custodial term and restitution ordered.
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18 December 2024 |
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16 December 2024 |
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16 December 2024 |
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13 December 2024 |
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Appellate court reduced a 15-year defilement sentence to 12 years after weighing aggravating and mitigating factors.
Criminal law – Defilement (s.101(2) Criminal Offences Act) – statutory sentence range 7–25 years; appellate review of sentence; aggravating and mitigating factors; first offender; commencement of sentence.
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12 December 2024 |
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Claimant failed to prove a separate clan; court declared one Klanaa family and the defendant its lawful head.
Customary law – family identity and headship – whether a separate Nikoitse We Klanaa family exists – burden and standard of proof in civil customary disputes – weight of family records, funeral notices and prior judicial determinations – rights to use family house and appointment/oversight of Wulomo – perpetual injunction against false representation of headship.
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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The applicant’s loan obligation was not frustrated; respondents liable and contractual interest awarded.
Contract law – frustration – loan agreements: borrower’s primary obligation to repay principal and interest not discharged by failure of the loan’s commercial purpose. Contract variation – silence does not amount to acceptance; no subsisting freeze on penal interest. Evidence – burden of proof and failure to reconcile disputed account amounts. Interest – contractual interest enforceable; post-judgment interest per CI 52 where contract prescribes rate. Guarantee – written guarantor liable jointly and severally upon debtor’s default.
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12 December 2024 |
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Loan purpose failure did not frustrate repayment; borrower and guarantor liable with contractual interest and costs.
Contract law – Loan contracts – frustration: failure of loan purpose does not discharge repayment obligation; Interest – contractual and penal interest enforceable unless unconscionable; Guarantees – must be in writing and signed; guarantor jointly and severally liable; Evidence – burden of proof and requirement for reconciliation/accounting; CI 52 – rules on award and calculation of interest.
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12 December 2024 |
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12 December 2024 |
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Whether the devise created a trust; court held no express trust and ordered equal tenancy-in-common shares for the applicants and respondent.
Will interpretation – express trust – absence of written trust instrument; use of "absolutely" as word of severance; tenancy in common vs joint tenancy; Land Act s.40; unchallenged evidence where respondent absent; vesting by executors/probate.
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11 December 2024 |
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11 December 2024 |
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Appeal dismissed: plaintiffs proved self‑acquired title; appellants failed to prove family title and counterclaim lacked capacity.
Land law — proof of title — self‑acquired property vs family/matrilineal property; burden and nature of traditional evidence; estoppel by conduct (Evidence Act s.26); capacity and pleading of counterclaims for family land; validity of lease where title disputed; remedies: declaration, possession, injunctions and costs.
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10 December 2024 |
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9 December 2024 |
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5 December 2024 |
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4 December 2024 |
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Auditor's report adopted: plaintiff awarded Ghs1,957,556.92; interest simple from Road Fund approval dates; no interest on interest; 10% costs.
Government contracts – interim payment certificates – auditor’s account under Order 29(2) – IPCs deemed due on Ghana Road Fund Secretariat approval dates – simple interest per Contract (Amendment) Act 2023 – compound interest refused – costs at 10% of outstanding.
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4 December 2024 |
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4 December 2024 |
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4 December 2024 |
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3 December 2024 |
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3 December 2024 |
