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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
10 judgments

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10 judgments
Citation
Judgment date
April 2025
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.
30 April 2025
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.
29 April 2025
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.
16 April 2025
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.
2 April 2025
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.
2 April 2025
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.
2 April 2025
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.
2 April 2025
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.
2 April 2025
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.
2 April 2025
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).
2 April 2025