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Citation
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Judgment date
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| 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 |
| 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 |
| 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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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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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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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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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 |
| April 2025 |
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Whether prosecution proved beyond reasonable doubt that the accused caused the victim’s death by unlawful strangulation.
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7 April 2025 |
| March 2025 |
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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.
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13 March 2025 |
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13 March 2025 |
| July 2024 |
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29 July 2024 |
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26 July 2024 |
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25 July 2024 |
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25 July 2024 |
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24 July 2024 |
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23 July 2024 |
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19 July 2024 |
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11 July 2024 |
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10 July 2024 |
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10 July 2024 |
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9 July 2024 |
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9 July 2024 |
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4 July 2024 |
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3 July 2024 |
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1 July 2024 |
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1 July 2024 |
| June 2024 |
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27 June 2024 |
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25 June 2024 |
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21 June 2024 |
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13 June 2024 |
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7 June 2024 |
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4 June 2024 |
| May 2024 |
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30 May 2024 |
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29 May 2024 |
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27 May 2024 |
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27 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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23 May 2024 |
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22 May 2024 |
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21 May 2024 |
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13 May 2024 |
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10 May 2024 |
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10 May 2024 |
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7 May 2024 |
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7 May 2024 |
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6 May 2024 |
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6 May 2024 |
| April 2024 |
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30 April 2024 |
