Supreme Court

The Supreme Court is the highest Court in the administration of justice in Ghana.

The Court is presided over by the Chief Justice and in his absence the most senior of the Justices of the Supreme Court, as constituted shall preside. Judges who sit in the Supreme Court are referred to as Justices of the Supreme Court.

The Supreme Court consists of the Chief Justice and not less than nine Justices. It has exclusive original jurisdiction in all matters relating to the enforcement or interpretation of the 1992 Constitution. It also has supervisory jurisdiction over all the Courts in Ghana. It is located only at the Headquarters in Accra.

Physical address

Judicial service of Ghana, P.O Box GP 119, Accra, Law court complex Accra, Tel: (+233) 0302-663951, 663954, 666671, Tel: (+233) 0302-748100, 748101, 748102

Visit website

https://www.judicial.gov.gh/index.php/the-supreme-court

12 judgments

Advanced search

Court registries

ACCRA

All years

All months

Filters

Sort by:

12 judgments

Citation	Judgment date
March 2025
S v High Court (Criminal Division 2) Accra and Another (J8A/08/2025) [2025] GHASC 23 (20 March 2025) 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.	20 March 2025
Aboubakar v Martins and Another (J4/54/2023) [2025] GHASC 15 (19 March 2025) 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).	19 March 2025
Addo Atuah & Co. v African Automobile Ltd. (J4/55/2020) [2025] GHASC 13 (19 March 2025) 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.	19 March 2025
Adrianus v Nartey and Another (J4/69/2023) [2025] GHASC 14 (19 March 2025) 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.	19 March 2025
Ayensu v Asamoah Boadi and Another (J4/27/2024) [2025] GHASC 18 (19 March 2025) 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.	19 March 2025
Charway v Kodia (J4/81/2024) [2025] GHASC 19 (19 March 2025) 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.	19 March 2025
Kwarteng v Orans Life Company Limited (J4/56/2024) [2025] GHASC 17 (19 March 2025) 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.	19 March 2025
Ayishetu v Dwamenah (J4/36/2024) [2025] GHASC 16 (12 March 2025) 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.	12 March 2025
Babuboa v Republic and Another (J4/39/2024) [2025] GHASC 22 (12 March 2025) 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.	12 March 2025
Kumi v Yiadom and Others (J5/37/2025) [2025] GHASC 21 (12 March 2025) 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.	12 March 2025
Perseus Mining Ghana Limited v S (J4/48/2024; J8/112/2024; J8/34/2024) [2025] GHASC 20 (11 March 2025) 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.	11 March 2025
SERBEH AND OTHERS VRS. APPIAH AND OTHERS (GJ12/36/2025) [2025] GHASC 12 (4 March 2025) 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	4 March 2025