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Citation
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Judgment date
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| July 2025 |
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Court granted special leave in a chieftaincy appeal despite procedural delay; dissent held time bar and refusal warranted.
Chieftaincy appeals; Article 131(4) Constitution; Article 131(2) special leave; Supreme Court Rules C.I.16 rr.7(1) & 30; time limits for leave to appeal; prima facie error; finality of chieftaincy disputes; key precedents Imbeah v Ababio, Afendza III, Dolphyne.
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23 July 2025 |
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A person with statutory chieftaincy rights must be heard before courts alter Register entries; failure warrants certiorari.
* Chieftaincy law – National Register of Chiefs – alteration of entries – right to be heard before orders affecting statutory chieftaincy rights (s.57(5) Chieftaincy Act, 2008).
* Procedural fairness – audi alteram partem – personal nature of rights cannot be cured by hearing of related persons.
* Judicial review – certiorari – quashing of judgments made in absence of affected party; reliance on Ex parte Hawa Yakubu precedent.
* Civil Procedure – Order 55 High Court (Civil Procedure) Rules, 2004 (C.I.47) – notice and hearing requirements.
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23 July 2025 |
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A High Court warrant for the applicant’s arrest issued without prior opportunity to be heard violated due process and was quashed.
Contempt of court – procedure for citing alleged contemnor ex facie curiae – bench warrant vs summons – audi alteram partem – jurisdictional nullity ab initio – certiorari – judicial bias and presumption of innocence.
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22 July 2025 |
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Supreme Court affirms that joint-acquisition presumption is rebuttable and upholds equitable settlement to the petitioner.
Family law — Distribution of matrimonial property — Presumption that property acquired during marriage is joint but rebuttable by cogent evidence — Article 22(3): equal access vs equitable distribution — Appellate rehearing and evaluation of evidence — CI.19 Court of Appeal Rules and procedural objections — Polygamous marriage considerations — Court’s discretion under Matrimonial Causes Act s20 to make equitable settlements.
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9 July 2025 |
| June 2025 |
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Unstamped foreign power of attorney inadmissible; forensic evidence and plaintiff’s possession supported title; appeal dismissed.
Land law – title and possession – admissibility of foreign power of attorney – stamping requirement – notary acting as witness and notary; Evidence – expert/forensic evidence on forgery; burden of proof in competing title claims; procedural participation and waiver.
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25 June 2025 |
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Interlocutory/default judgment granting declaratory and substantive reliefs without evidence is jurisdictionally void and is quashed.
Civil procedure – interlocutory/default judgment – Declaratory reliefs, damages and perpetual injunctions not amenable to summary disposal – Order 13 Rule 6 C.I.47 – Jurisdictional nullity where substantive reliefs granted without evidence.
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25 June 2025 |
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Application to adduce fresh evidence on appeal refused for lack of due diligence; evidence was available at trial.
New evidence on appeal — Rule 76 Supreme Court Rules — Requirements: unavailable at trial, relevance, credibility, due diligence — Evidence held available at trial; proposed witness available — Application refused.
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12 June 2025 |
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Customary arbitral panels lack jurisdiction to apply PNDC Law 111 to redistribute pre-1985 vested family estates.
Customary arbitration; jurisdictional competence of chiefs; intestate succession pre-1985 vested estates in family; PNDC Law 111 cannot be applied by customary arbitrators to redistribute pre-1985 vested family property; admissibility of evidence; arbitrability limits.
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11 June 2025 |
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Whether an election petition was timely and whether substituted service on a sworn MP complied with Articles 117–118.
Electoral law – Gazettement of results – Representation of the People Law s.18 (21-day period); Civil procedure – ex parte interlocutory injunctions in electoral disputes; Service of process – substituted service and Parliamentary immunity (Articles 117–118 Constitution); Contempt – validity of committal where service on MP is defective; Supervisory jurisdiction – certiorari/prohibition to quash conviction and restrain sentencing.
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11 June 2025 |
| May 2025 |
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Interlocutory injunctions restraining Article 146 removal processes require a high, exceptional public-law threshold and were denied.
* Constitutional law – Article 146 removal process – Courts should not lightly grant interlocutory injunctions restraining constitutional duties.
* Public law – High threshold for interlocutory relief: clear illegality or manifest unconstitutionality, irreparable harm, public interest balance.
* Constitutional procedure – Article 146(8) in-camera requirement; waiver and public hearing issues to be determined substantively.
* Procedural fairness – Prima facie determination without reasons not automatically void at interlocutory stage.
* Judicial recusal/disqualification – Allegations of bias and qualification of committee members are matters for substantive adjudication unless prima facie established.
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28 May 2025 |
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A notice of appeal suspends enforcement of restitution orders; contempt-based enforcement and pre-judged adjudication attract prohibition.
Criminal law – restitution orders – effect of notice of appeal under section 29 Courts Act; Enforcement of restitution for immovable property – proper civil modes under sections 147A/147B Act 30 and Order 43 CI.47; Execution procedure – Notice of Claim and Order 44 rule 12; Jurisdictional limits on contempt/committal to enforce restitution; Judicial bias – appearance of predetermination and remedy by prohibition under supervisory jurisdiction (Article 132).
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27 May 2025 |
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Court refused to pause Article 146 removal process, struck confidential exhibits, and dismissed interlocutory injunction for lack of merit.
Constitutional law – Article 146 removal process – in camera proceedings – Article 146(8) confidentiality is structural and non-waivable; evidentiary exclusion of disclosed petitions. Public law remedies – presumption of constitutionality – high threshold for interlocutory injunctions against constitutional processes; absence of detailed reasons in executive communication not automatically fatal where consultative record may exist. Separation of powers – courts generally prefer post-facto review to preemptive judicial interference.
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21 May 2025 |
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Summary contempt conviction without distinct charge or hearing and failure to determine related motion were patent errors; prohibition and reassignment ordered.
Judicial review – certiorari and prohibition – summary contempt – requirement to state charge distinctly and afford opportunity to answer – patent error on the face of the record; judicial bias – real likelihood of bias; procedural jurisdiction – duty to determine motion affecting recusal before delivering ruling.
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20 May 2025 |
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The appellant failed to show the 25‑year robbery sentence was manifestly excessive; appeal dismissed and affirmed.
Criminal law – Sentencing – Appeal against sentence – Whether sentence is manifestly excessive or wrong in principle – Appellate restraint where sentence within statutory limits and mitigating factors considered; robbery with weapon – statutory minima; mitigating factors (age, health, first offender) require evidence; disparity with co‑accused not dispositive.
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14 May 2025 |
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Applicant failed to meet the high threshold for injunctive relief halting the Article 146 removal process; application dismissed.
Constitutional law – Article 146 – removal of Chief Justice – notice and right to be heard; Interlocutory injunctions in public law – serious question, irreparable harm, balance of convenience; Presumption of regularity of executive acts; Service of injunction application does not automatically stay constitutional processes; Judicial independence and protection of fair hearing rights.
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6 May 2025 |
| April 2025 |
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A prior registered land title and the court-appointed surveyor’s composite plan showed respondent’s trespass, meriting declaration and perpetual injunction for the applicant.
Land law – Boundary dispute – Expert surveyor’s composite plan – Weight of survey evidence – Registered land title creates presumption and constructive notice – Concurrent findings of fact – Trespass and injunctive relief – Costs.
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30 April 2025 |
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A company struck off the register lacks capacity to sue; later restoration does not validate acts done while struck off.
* Corporate law – struck-off companies – capacity to sue – Interpretation of International Business Corporation Act (Cap 222) s.335 and s.336.
* Restoration of company – retrospective effect – absence of deeming provision prevents revival of acts done while struck off.
* Foreign law – proof and presumption under Evidence Act; courts may construe foreign law without expert evidence in exceptional cases.
* Appellate procedure – interlocutory applications affecting jurisdiction and pending appeals; caution against prejudging appeals.
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29 April 2025 |
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Lease by customary successor upheld; applicant estopped from challenging due to acquiescence and delay.
Customary land – Alienation by customary successor – Requirement of concurrence of principal family members; Voidable (not void) alienations if family fails to act timeously; Estoppel, laches and acquiescence where family permits open possession and development; Admissibility of documentary evidence – procedural rejection may be revisited when defects are cured; Appellate duty to rehear on weight of evidence.
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16 April 2025 |
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Whether a later purchaser obtained legal title as a bona fide purchaser for value without notice despite an existing mortgage.
Equity—Bona fide purchaser for value without notice: elements (legal estate, valuable consideration, absence of notice) and burden of proof; Mortgages—mortgagor’s power to transfer despite encumbrance (NRCD 96); Pleadings—failure to file defence to counterclaim leads to deemed admissions; Vendor’s implied covenant to convey good title; Appellate restraint on disturbing concurrent findings of fact.
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2 April 2025 |
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Applicant’s challenge to damages for bank negligence fails for lack of evidence and absence of egregious misconduct.
Banking negligence – assessment of damages; compensatory damages for pure economic loss – requirement of concrete evidence and mitigation; exemplary damages in tort – high threshold of outrageous or intentional misconduct; appellate interference with concurrent findings of fact.
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2 April 2025 |
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A court may exercise inherent jurisdiction to strike out proceedings for inexcusable delay; appeal dismissed.
Civil procedure – strike out for want of prosecution; inherent jurisdiction of the court to strike out suo motu; Order 37 (C.I.47) not exclusive; relistment as remedy; discretion to allow amendments; proof of title on counterclaim.
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2 April 2025 |
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Whether the applicant, as subcontractor under a ratified petroleum agreement, is insulated from taxes beyond the 5% withholding.
Petroleum law – Stabilization (freezing) clause – effect of ratified petroleum agreement on applicable tax regime; Tax law – strict construction of tax statutes; Interaction of PNDCL 188 with Act 592 and Act 896; Branch profit tax and corporate income tax – applicability to subcontractors and permanent establishments; Privity and third‑party beneficiary rights under ratified contracts; Remedies: declarations, revised assessment and refund.
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2 April 2025 |
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An appellate court may not validly enhance a sentence after the convict has fully served and been discharged.
* Criminal law; sentence review – enhancement of sentence after fully served – appellate rehearing – requirement that sentence be subsisting to be increased; Article 14(6) Constitution – custody credit must be reflected on record; enhancement after discharge constitutes miscarriage of justice.
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2 April 2025 |
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Appeal dismissed: defendants proved title by descent, plaintiffs failed to prove identity on title and lacked supporting documentary evidence.
Property law – title by descent – proof of identity of deceased owner; Evidence – documentary v oral evidence; Possession – long undisturbed possession and estoppel/statute bar; Probate – effect of Letters of Administration obtained by misdescription; Capacity – beneficiaries' right to protect equitable interest.
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2 April 2025 |
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Long adverse possession and laches, upheld alongside statutory limitation, extinguished family’s title despite prior ownership declaration.
Land law – Limitation Act (NRCD 54) s.10 – adverse possession extinguishing title; Equity – laches and acquiescence as bar to stale land claims; Procedure – capacity to sue for family/stool lands, Order 4 r.9 and Order 16 r.5 C.I.47 – amendment of capacity and remedial joinder for failure to serve head of family; Stare decisis and effect of earlier Supreme Court declaration of family ownership (EDUSEI POKU).
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2 April 2025 |
| March 2025 |
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An extension to invoke supervisory jurisdiction must be sought within 90 days; late applications are dismissed.
Supreme Court Rules 62 & 66 – supervisory jurisdiction – time limits for filing application and for applying for extension of time – extension application must be filed within 90 days – withdrawal of earlier application does not stop time running.
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20 March 2025 |
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Court of Appeal lacked jurisdiction to hear first-instance stay before record transmission; Supreme Court appeal struck out for want of leave.
* Civil procedure – appellate jurisdiction – Court of Appeal becomes seised only upon transmission of the Record of Appeal; Notice of Appeal does not confer appellate jurisdiction. * Court of Appeal Rules (C.I.19) – Rules 14 and 21 – transmission of record and control of proceedings during pendency of appeal. * C.I.132 – amendment misconstrued; did not vest first-instance jurisdiction in Court of Appeal absent record transmission. * Jurisdiction – fundamental; acts done without jurisdiction are nullities; may be raised at any time. * Supreme Court jurisdiction – appeals not emanating from High Court original jurisdiction require special leave under Article 131 and s.4 Courts Act (Act 459).
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19 March 2025 |
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Refusal to adjourn and improper closure of defence denied audi alteram partem, causing a nullity; appeal dismissed.
Civil procedure – trial irregularity – refusal of adjournment – denial of cross‑examination – improper closure of defence – breach of audi alteram partem – miscarriage of justice – nullity – hearing de novo.
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19 March 2025 |
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Whether a property transfer founded on allegedly forged documents vitiates the respondent’s title and proceedings.
Land law – title dispute – alleged forgery of deed of assignment and consent to assign; validity of transfer vitiated by documentary manipulation and fraud; Civil procedure – capacity to sue – indorsement on writ and validity of power of attorney; Preliminary objection procedure – Rule 17(1) CI.16 (preliminary objection available to respondent only); Appellate review – interference with concurrent factual findings requires clear blunder or perversity.
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19 March 2025 |
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An employee’s statutory right to repatriation is enforceable; employer cannot unilaterally deny it or require a written request; repatriation award upheld.
Labour law – foreign contract – statutory duty to repatriate under s.18 Labour Act and Reg.36 LI 1833 – exemption/waiver under Reg.37 requires Labour Officer decision – no written-request precondition – repatriation expenses include subsistence and necessary medical/relocation costs – appellate restraint on discretionary awards.
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19 March 2025 |
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Plaintiff failed to prove authority to sue for his family; appeal allowed and trial judgment restoring dismissal for want of capacity.
* Civil procedure – Capacity to sue – Family representation – Order 4 rule 9 C.I.47 – Burden to prove authority when capacity is challenged. * Evidence – Documentary versus oral evidence – Statutory declaration contradicting oral testimony undermines capacity. * Civil procedure – Non‑service of writ on head of family – Irregularity to be cured under Order 81/Order 4 r.5, not automatic nullity. * Appeal – Appellate inference on factual identity of family/quarter must be supported by record.
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19 March 2025 |
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Driver’s negligence and employer’s vicarious liability upheld; appellate lump-sum award remade under proper heads totaling GH₵100,000.
* Evidence and procedure – inclusion of exhibits in Record of Appeal – Rules 11 and 14, C.I. 19 – exhibits tendered at trial properly before appellate court.
* Tort – negligence – burden of proof on plaintiff; inference of negligence where plaintiff’s unchallenged evidence and admissions stand uncontradicted.
* Vicarious liability – employer liable for employee’s negligent driving in course of employment.
* Damages – distinction between special and general damages; special damages must be pleaded and proved; appellate court must award damages under recognised heads, not an unexplained lump sum.
* Civil procedure – appellate correction of awards where wrong principles applied by lower court.
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19 March 2025 |
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Marital property presumption of equal distribution is rebuttable; polygamy is a factor but not determinative; appeal dismissed.
Family law – Distribution of marital property – Article 22(3) Constitution – ‘Equality is equity’ presumption rebuttable by evidence – Non-financial contributions relevant – Polygamy a factor but not determinative – Section 20 Matrimonial Causes Act: monetary settlement permissible.
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12 March 2025 |
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Where statutory arbitration is mandated for licence revocation disputes, courts should stay and refer proceedings to arbitration, not dismiss them.
Administrative law – judicial review – appellate jurisdiction – appellate court improperly deciding matter not determined below; Arbitration – Banks and Specialized Deposit-Taking Institutions Act 2016 (Act 930) s.141 – mandatory resort to arbitration under Alternative Dispute Resolution Act 2010 (Act 798); Procedure – where arbitration mandated, court should stay proceedings and refer parties to arbitration (s.7 ADR Act) rather than dismiss; Arbitrability – constitutional rights versus statutory arbitration regime.
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12 March 2025 |
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A contemnor may be heard on a jurisdictional challenge if supervisory proceedings were initiated before the contempt, despite non-purge.
* Contempt of court – general rule that contemnor not heard until purge – rule subject to judicial discretion and exceptions; * Jurisdictional challenge – contemnor may be heard where challenge to trial court's jurisdiction is raised and supervisory proceedings were initiated before contempt; * Supervisory jurisdiction – invocation before contempt proceedings can justify hearing despite non-purge; * Election petitions – requirement of gazettal of results relevant to jurisdiction; * Natural justice – issues of waiver where party stays away from proceedings.
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12 March 2025 |
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Supreme Court appeal from administrative decision requires special leave; notice without leave is a nullity.
Appellate jurisdiction – Supreme Court – Appeals as of right limited to cases where Court of Appeal’s decision arose from High Court original jurisdiction – Matters originating from administrative action require special leave under Article 131(2)/s4(2) Courts Act – Notice of Appeal filed without evidence of special leave is a nullity – Motion founded on null Notice incompetent.
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11 March 2025 |
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Court confirms legitimacy of Timothy Kwame Serbeh's will, dismissing fraud claims without awarding costs due to familial ties.
Wills and Estates – Validity of Will – Testamentary Capacity – Allegation of Forgery – Burden of Proof
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4 March 2025 |
| February 2025 |
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26 February 2025 |
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Supreme Court upholds the grant of an interlocutory injunction to preserve land dispute status quo.
Land law - interlocutory injunction - prima facie right to land - exercise of judicial discretion.
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26 February 2025 |
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Auditor-General's disallowance powers validated over private entities, requiring prior hearings to protect administrative justice.
Administrative law - Auditor-General's powers - Disallowance and Surcharge - Application to private persons - Right to administrative justice.
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26 February 2025 |
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Court dismissed claims against the Electoral Commission's voter registration process, emphasizing pragmatic balance over idealistic demands.
Electoral Law – Scope of voter registration – Interpretation of Articles 42 and 45 of the Constitution – Administrative discretion of the Electoral Commission.
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16 February 2025 |
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Court restores property possession to landlord following tenant's breach of lease through unauthorized demolition.
Landlord-Tenant Dispute – Lease Forfeiture – Breach of Renovation Covenant – Relief Against Forfeiture Application Requirements.
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11 February 2025 |
| January 2025 |
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Supreme Court upholds the plaintiffs' land rights, stressing the importance of valid documentation over prolonged possession.
Land Law – Title and possession – Probative value of title documents and leases – Proof of identity of land in dispute.
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29 January 2025 |
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29 January 2025 |
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High Court can entertain applications concerning execution of Supreme Court judgments even when faced with fraud allegations.
Judicial review – certiorari – prohibition – High Court jurisdiction – interlocutory injunction – Supreme Court judgment execution
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22 January 2025 |
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High Court's jurisdiction questioned over its injunction against executing Supreme Court ruling due to fraud allegations.
Supervisory jurisdiction – High Court's authority to issue injunctions affecting execution of Supreme Court judgments – Enforcement parameters under CI 16 Rule 28.
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22 January 2025 |
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Court upholds termination of Managing Director for unauthorized transactions and orders recovery of funds paid.
Employment Law – Managing Director’s authority and fiduciary duty – unauthorized transactions – wrongful termination claims.
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22 January 2025 |
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The appeal concerning breach of a sub-lease due to non-specific timelines was dismissed, upholding lower courts' rulings.
Contract law – Interpretation of written agreements – Stipulated time for performance – Reasonableness and implied timelines – Concurrent factual findings of lower courts affirmed.
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15 January 2025 |
| December 2024 |
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27 December 2024 |
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18 December 2024 |
