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Citation
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Judgment date
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| October 2025 |
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Application struck out for prolonged failure to pursue proceedings and lack of instructions to counsel; restoration possible on good cause.
• Procedural law – Striking out – Rule 65(1)(b) & (c) – Failure to pursue case and where continuation no longer justified.
• Duty of diligence – Applicant’s obligation to maintain contact with counsel and pursue proceedings.
• Restoration – Struck-out applications may be restored on showing good cause under Rule 65(3).
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9 October 2025 |
| September 2025 |
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Plaintiff failed to prove title; unchallenged evidence showed defendants’ family owned the land, so claim dismissed with costs.
Land law — Declaration of title — Burden of proof on plaintiff to establish ownership by clear and acceptable evidence — Family/customary grants and gifts of land — Long possession and unchallenged evidence amounting to admission — Reclamation for development requires proof of family consent.
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16 September 2025 |
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Plaintiff failed to prove title to customary family land; defendants’ ownership and possession upheld; claim dismissed.
Family/customary land – declaration of title – burden of proof on plaintiff; customary grants and gifts of family land; long possession as evidence of ownership; compensation for reclamation not establishing transfer absent family consent.
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16 September 2025 |
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Court reopened pleadings and admitted the respondent’s late submission to consider newly enacted electoral legislation.
* Civil procedure – Reopening of pleadings – Court’s discretion under Rules 46(3), 46(4) and inherent powers (Rule 90) – Admission of late submissions after close of pleadings to consider subsequent domestic legislation.
* Human rights – Consideration of new electoral legislation (Independent National Electoral Commission Act No.2 of 2024) where relevant to pending Charter-based claims.
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15 September 2025 |
| August 2025 |
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Petitioner awarded 20% of matrimonial house; other property claims dismissed for lack of evidence.
* Family law – Matrimonial property – Section 21(1) Matrimonial Causes Act – property completed during marriage treated as matrimonial asset; entitlement may arise absent direct documentary proof of contribution. * Evidence – Burden to prove ownership or contribution – documentary proof required to establish claims to specific assets. * Distribution – valuation and equitable share where construction completed in marriage (20% awarded).
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19 August 2025 |
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Court exercised its discretion to reopen pleadings to admit additional evidence in a complex election-related human-rights application.
* Human rights – Elections – Alleged curtailment of rights to campaign and participate through appointment of electoral commissioners and discriminatory electoral practices.
* Procedure – Reopening pleadings – Court’s discretion under Rule 46(3) and inherent power under Rule 90.
* Evidence – Admission of additional submissions/evidence post-pleadings in interest of justice.
* Case management – Denial of extraordinary-session decision; imposed filing timelines.
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5 August 2025 |
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Defendant’s admissions and failure to prove matrimonial interest entitled plaintiff to declaration, possession and injunction.
Land law – declaration of title and recovery of possession; interlocutory and perpetual injunctions; admissions in court as conclusive evidence; claim of matrimonial interest – burden to prove marriage and financial contribution; sufficiency of lease with schedules as evidence of title.
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4 August 2025 |
| July 2025 |
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A plaintiff’s counter-offer is not blackmail; termination was unfair due to a biased procedure by the Head of School.
* Labour law – unfair termination – Section 63(4) Labour Act – requirement to prove fair reason and fair procedure; impartiality in disciplinary/termination processes. * Criminal law overlap – extortion/blackmail: negotiation and threat definitions; counter-offer and threat to litigate are not extortion. * Evidence – civil standard of proof (preponderance) for unfair dismissal; higher standard if criminal allegation. * Administrative law – bias and acting as judge in one’s own cause (Article 23).
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30 July 2025 |
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Applicant’s dismissal held lawful; HR manual not contractual; applicant failed to prove unpaid allowances and bonuses.
Labour law – Termination of employment – Section 17 Labour Act (Act 651) – pay in lieu of notice; HR manual as policy not contract; unfair dismissal burden under Section 63(4); evidential burden for payment claims (bank statements, contract).
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30 July 2025 |
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Employee failed to show unlawful dismissal; employer lawfully terminated contract by paying salary in lieu of notice.
Employment law – Termination of employment – Payment in lieu of notice; Compliance with express contract terms; Requirement for written notice in statute versus the parties’ contractual terms; Burden of proof in unfair dismissal claims.
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30 July 2025 |
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Summary dismissal based on unproven allegations is wrongful; employer must prove misconduct before dismissal.
Employment law – Summary dismissal – Allegation of theft unproven; investigative committee report not determinative – Employer must prove misconduct before summary dismissal under collective agreement and Labour Act; Natural justice – query, response and disciplinary inquiry sufficient where collective agreement provides procedure; Remedies – reinstatement, back pay, damages and costs for wrongful dismissal.
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30 July 2025 |
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Temporary assignment away from a station entitles an employee to out-of-station and night allowances under the CBA.
* Labour law – Collective Bargaining Agreement – Out-of-station/night subsistence and accommodation; * Distinction between a transfer and a temporary assignment for special duties; * Entitlement to allowances where employee required to spend nights away from recognized station; * Proof on balance of probabilities; * Interest and costs awarded.
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30 July 2025 |
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Plaintiff failed to prove unjustified assault; court found he initiated the brawl and dismissed claim with costs.
Assault and battery – burden and standard of proof – Evidence Act (NRCD 323) – necessity of corroboration – police report as evidence – brawl initiated by plaintiff – dismissal for failure to prove claim; costs awarded.
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30 July 2025 |
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Plaintiff proved repayment claim for retained Hajj-pilgrimage funds; defendants' unproven deductions and refund claims rejected.
* Contract — payment for travel services — liability to refund where services not rendered and payments retained.
* Evidence — burden and standard in civil claims; documentary proof required to substantiate payments and refunds.
* Interest — award of pre-judgment interest where money is retained since a specified date.
* Damages — claim for general damages dismissed for lack of pleaded and evidential support.
* Costs — successful claimant awarded specified costs.
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25 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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Community proved title and possession; court awarded possession, perpetual injunction, damages (GH¢3,000) and costs (GH¢5,000).
Land law – Proof of title by deed and continuous possession – Trespass – Reliefs: recovery of possession, perpetual injunction, general damages and costs – Civil procedure: court may proceed in absentia where defendants fail to participate.
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21 July 2025 |
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Substitution of an unserved deceased defendant is void ab initio; court lacked jurisdiction, so the 7th defendant was struck out.
Civil procedure – Service of process; jurisdiction depends on valid service – Substitution of parties; substitution cannot cure lack of service – Deceased parties; substitution of non-parties void ab initio.
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18 July 2025 |
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17 July 2025 |
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Court granted summary judgment for the applicant where the respondent offered no defence and awarded GHS10,000 costs.
* Civil procedure – summary judgment – failure to file opposing affidavit – absence of defence allows entry of summary judgment
* Civil procedure – evidentiary weight of supporting affidavit and exhibits where respondent offers no opposition
* Costs – award of costs on summary judgment application
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17 July 2025 |
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16 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 |
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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 |
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Application to revise judgment dismissed for failing to produce a new, decisive fact as required by Article 27.
Revision of judgment – Article 27 Protocol – requirement of new and decisive fact unknown to Court and parties – admissibility – jurisdiction to entertain revision – legal grounds previously raised are not 'new facts' – res judicata and standing arguments considered in original judgment – costs awarded to successful respondent.
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8 July 2025 |
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Respondent failed to criminalize and investigate FGM, violating victims' rights; court ordered legislation, prosecution and compensation.
Human rights — Female genital mutilation (FGM) — State obligation to enact criminalizing legislation (Maputo Protocol Art.5; ACRWC Art.21) — Due diligence to prevent, investigate and prosecute private perpetrators — Right to effective remedy and security of the person — FGM as inhuman/degrading treatment; torture standard not met — Reparations and legislative and administrative measures ordered.
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8 July 2025 |
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Bank proved restructured loan of GHS498,844.83 with guarantors liable; larger claimed balance and judicial sale reliefs not sustained.
Commercial law – Loan restructuring and overdraft conversion – Burden of proof in civil claims – Bank statements as evidence – Joint and several guarantees – Judicial sale of mortgaged property requires mortgagor/production of mortgage instruments.
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8 July 2025 |
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The plaintiff proved only the restructured GHS498,844.83 loan with 30% interest; larger claimed balance and judicial‑sale reliefs were denied.
Commercial law – Loan and security – Burden of proof in establishing indebtedness; loan restructuring and guarantors’ joint and several liability; computation of interest; inadmissibility/insufficiency of bank statement evidence to prove claimed balance; judicial sale relief unsustainable where mortgages not tendered and mortgagor not party; estoppel and third‑party dependence not established.
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8 July 2025 |
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Bank recovered restructured loan principal and interest; judicial sale denied where mortgages not produced and owners absent.
* Banking law – Recovery of loan – plaintiff must prove indebtedness on balance of probabilities; exhibits must show nexus to reliefs.
* Contract – Restructured loan agreement (Exhibit A) establishes principal and interest terms; 30% per annum applies.
* Evidence – burden of proof, insufficiency of unsubstantiated accounting complaints; party alleging anomalies must prove them.
* Guarantees – directors who executed guarantees are jointly and severally liable for principal and interest.
* Property procedure – judicial sale cannot proceed where mortgages are not tendered and mortgagors/owners are not parties.
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8 July 2025 |
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Court found State liable for cruel, inhuman or degrading treatment and physical integrity/health violations; awarded CFA 50,000,000.
Human rights jurisdiction; admissibility—no exhaustion requirement before ECOWAS Court; victim standing of parent for minor; torture vs cruel, inhuman or degrading treatment; violation of physical integrity and right to health; damages and costs.
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7 July 2025 |
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Applicants' human-rights claims dismissed for lack of probative evidence despite default proceedings.
Human rights – ECOWAS Court jurisdiction over Member States; admissibility – legal personality requirement for applicant organisations; default judgment procedure; burden of proof and evidentiary requirement in human rights claims; State responsibility for non-state actors (militias); remedies and damages.
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7 July 2025 |
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Applicant’s unproven claim that failure to promote violated equality rights dismissed; promotions held discretionary, no damages awarded.
Human rights jurisdiction; admissibility of individual equality claims; promotion of magistrates; discretionary executive appointments; burden of proof in discrimination claims; refusal of damages for unproven violations.
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2 July 2025 |
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2 July 2025 |
| June 2025 |
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30 June 2025 |
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Interpleader claim that mortgaged property was matrimonial failed for lack of proof; execution may proceed.
Interpleader — execution — matrimonial/spousal property — burden of proof on claimant to prove joint/marital interest — uncommissioned affidavit defective but court may decide merits — Land Act 2020 inapplicable to pre-Act transactions.
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27 June 2025 |
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An admission by the defendant’s grantor dispenses with proof and permits judgment for the plaintiff on the admitted land portion.
* Civil procedure – appearance – conditional appearance not followed by steps to set aside service converts to unconditional appearance.
* Civil procedure – improper filing – non‑party defence filed without leave is struck out.
* Evidence – admissions – unequivocal admission by adversary or grantor dispenses with proof and permits judgment on admitted facts.
* Land law – trespass – recovery of possession, injunction and damages for trespass to admitted portion of land.
* Remedy – court may enter judgment in part limited to the area effectively admitted by the defendant/grantor.
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27 June 2025 |
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Court affirms jurisdiction and admissibility, including extraterritorial jurisdiction, over interstate human-rights claims arising from armed conflict.
Inter-state proceedings; jurisdiction under Article 3(1) Protocol – no ICJ-style prior dispute required; material jurisdiction if alleged rights protected by Charter or ratified instruments; extraterritorial jurisdiction where State involvement in armed conflict affects hostilities; admissibility – regional/AU preliminary political procedures do not bar Court proceedings; abuse of process requires manifest bad faith; mass-media evidence permissible if not exclusive; exhaustion of local remedies waivable for systemic/large-scale violations; lis pendens/res judicata require identical parties, subject-matter and prior decision.
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26 June 2025 |
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Removal from voters’ register based on a final criminal judgment did not breach the applicant’s electoral or fair-trial rights.
* Human rights—elections—eligibility: removal from voters’ register based on an allegedly final criminal conviction—lawful if domestic judgment is final and requirements met.
* Fair trial—presumption of innocence: electoral and administrative bodies must respect finality of judicial decisions but may rely on judicial certificates of non-opposition.
* Limitations—political rights: restrictions on participation must be lawful, pursue a legitimate aim and be proportionate.
* Admissibility and jurisdiction: exhaustion of local remedies and timing; withdrawal of Article 34(6) Declaration has no retroactive effect on pending/applications filed before its effective date.
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26 June 2025 |
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Mandatory death penalty and hanging violated the applicant’s rights to life and dignity; assessor-bias claim dismissed.
Jurisdiction — competence to examine national criminal proceedings for compliance with the Charter and to order remedies; Admissibility — exhaustion of local remedies and reasonable time; Fair trial — assessors’ role, impartiality and limits on cross‑examination; Equality before the law — burden of proof; Death penalty — mandatory sentencing violates right to life; Method of execution — hanging violates dignity and prohibits cruel, inhuman or degrading treatment.
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26 June 2025 |
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Application declared inadmissible for failure to exhaust domestic remedies despite Court’s jurisdiction.
* Human rights – admissibility – exhaustion of local remedies – applicant failed to demonstrate that domestic remedies were unavailable, ineffective or unduly prolonged. * Jurisdiction – respondent State’s withdrawal of Article 34(6) Declaration not retroactive; Court retains jurisdiction over cases filed before withdrawal’s effective date. * Default proceedings – Court may render judgment in default where State duly notified but fails to respond.
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26 June 2025 |
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Failure to deliver appellate judgments in open court breached the Applicant’s fair trial right; no property violation found.
Human rights jurisdiction; admissibility – timeliness and exhaustion of local remedies; non‑interference and State responsibility for judicial acts; fair trial – public delivery of judgments; limits on reviewing national courts’ factual/legal findings; property rights – requirement of ownership for protection; reparations – moral damages and publication/reporting measures.
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26 June 2025 |
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Court finds violations of dignity, fair trial and life due to police brutality, ineffective legal aid, undue delay, mandatory death penalty and hanging.
Human rights — Jurisdiction and admissibility — exhaustion and reasonable time; Criminal procedure — fair trial — effective legal assistance; Article 7(1)(c) and (d); Police brutality and state duty to investigate — Article 5; Mandatory death penalty and method of execution — violations of Articles 4 and 5; Reparations — compensation, legislative reform, re-sentencing, publication and reporting.
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26 June 2025 |
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Request to suspend summons and travel ban dismissed for lack of demonstrated urgency and irreparable harm.
Provisional measures — prima facie jurisdiction — criteria: extreme gravity, urgency and irreparable harm — burden on applicant to prove urgency and irreparable harm — delay undermines urgency — suspension of summons not granted.
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26 June 2025 |
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Application dismissed as inadmissible for failure to exhaust domestic remedies; Court confirmed jurisdiction despite the respondent's default.
Human rights – admissibility – exhaustion of local remedies – application premature where domestic criminal investigations and appeals ongoing; Jurisdiction – Article 34(6) Declaration withdrawal no retroactive effect; Default judgment – Rule 63(1) requirements satisfied; Costs – each party to bear own costs.
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26 June 2025 |
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Claims of unequal treatment and denial of hearing dismissed for lack of evidence and valid procedural grounds.
Administrative law – internal promotion in public service; Equality before the law – burden of proof for discriminatory treatment; Judicial review – permissibility of jurisprudential evolution; Right to have one’s cause heard – procedural service and appeal time‑limits; Admissibility – exhaustion of local remedies and reasonable time.
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26 June 2025 |
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Court found prima facie jurisdiction but dismissed provisional measures as they would prejudice the merits.
* Human rights – Provisional measures – Requirement of extreme gravity, urgency and prevention of irreparable harm – urgency as real and imminent risk; irreparable harm requiring reasonable likelihood. * Jurisdiction – Prima facie jurisdiction where alleged violations fall under the African Charter and respondents have ratified the Protocol and deposited Article 34(6) Declaration. * Provisional measures – Cannot be granted where they would prejudice the merits (measures identical to relief on the merits). * Competence – Objections that matters concern WAEMU recognition/diplomatic acts dismissed at prima facie stage.
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26 June 2025 |
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Failure to exhaust effective domestic remedies (Constitutional Court) renders application challenging an amnesty law inadmissible despite Court's jurisdiction.
Amnesty law; right to life and dignity; admissibility—exhaustion of local remedies; jurisdiction of African Court vis-à-vis domestic courts; power to order remedies (including repeal) where violations found; anonymity and multiple applications—abuse of process assessed on merits.
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26 June 2025 |
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Applicant’s failure to exhaust effective domestic remedies rendered the application inadmissible despite Court’s jurisdiction.
• Human rights – Admissibility – Exhaustion of local remedies – Availability and effectiveness of constitutional review at domestic level.
• Jurisdiction – Temporal effect of State’s withdrawal of Article 34(6) Declaration – Applications filed before withdrawal takes effect.
• Proof required to excuse exhaustion – allegations of persecution or lack of judicial independence must be substantiated.
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26 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 |
