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Citation
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Judgment date
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| February 2026 |
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Service on a District Assembly via a subordinate secretary is invalid; proper service must be on the MCE or acting Coordinating Director.
Civil procedure — Service of process on statutory bodies — Local Governance Act 2016 (Act 936) s.211 prescribes service on the District/Municipal Chief Executive — Specific statutory procedure overrides general rules (C.I.59) — Service on subordinate/clerical secretary invalid — Coordinating Director as statutory "secretary".
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4 February 2026 |
| January 2026 |
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ECOWAS Court found jurisdiction and admissibility to hear alleged unlawful arrest, torture and malicious prosecution by a Member State.
Jurisdiction – ECOWAS Court – Article 9(4) – allegation of human rights violation sufficient; Admissibility – Article 10(d) – not manifestly inadmissible; Alleged violations – unlawful arrest, torture, degrading treatment, malicious prosecution; Procedure – merits to be heard; costs reserved.
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30 January 2026 |
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The applicant proved disputed ownership, prompting the Court to strike property-finding portions of the prior judgment.
Third-party proceedings (Art.91 Rules) – Admissibility and time-limit – Jurisdiction to vary prior judgment – Ownership dispute of mobile turbine power stations – Human-rights protection versus private commercial dispute – Amendment/striking out of property-finding and reparations in earlier judgment.
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30 January 2026 |
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Dismissals unlawful for failure to follow ECOWAS Staff Regulations' due process; Court's jurisdiction limited to public-service claims.
Jurisdiction — Community public-service jurisdiction v. human-rights jurisdiction; Admissibility — exhaustion of internal remedies under Article 73(b) of ECOWAS Staff Regulations; Due process in disciplinary proceedings — requirement of written notification of charges, constitution of an independent disciplinary committee, adherence to timelines and reporting obligations (Articles 92–95); Duty to give a reasoned decision and proportionality of sanctions; Remedies — reinstatement or salary in lieu, arrears, moral and material damages, record expungement, and costs.
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30 January 2026 |
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Court finds jurisdiction and admissibility, rejects torture claim but finds violation of right to physical integrity and awards CFA 10,000,000.
Human rights jurisdiction — ECOWAS Court competence; admissibility — no requirement to exhaust domestic remedies; victim status; torture threshold requires specific intent/purpose; right to physical integrity (ACHPR Article 4); compensation for bodily injury.
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29 January 2026 |
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Court dismissed torture claim but found State liable for violation of applicant's physical integrity and awarded damages.
Human rights jurisdiction — admissibility (no exhaustion requirement) — victim status — distinction between torture/cruel treatment and unlawful use of force — violation of physical integrity — compensation awarded.
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26 January 2026 |
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Municipal road reservation designation defeats the applicant’s ejectment claim despite historical family allodial title.
Land law — Allodial title v. compulsory acquisition — road reservation/buffer zone — municipal planning control — admissibility and weight of planning documents and official testimony — presumption of regularity (s.37 Evidence Act) — burden to rebut permissions and allegations of fraud — trespass and injunction where occupation is by municipal licence.
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21 January 2026 |
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A plea of res judicata cannot defeat a declaration of title at preliminary stage absent evidence; strike-out dismissed.
Civil procedure – strike out – Order 9 Rule 6 – proper party – declaratory relief – agency defence – res judicata (estoppel per rem judicatam) – necessity of evidence to establish plea of res judicata – summary dismissal only where claim clearly unsustainable.
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20 January 2026 |
| December 2025 |
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Administrator’s enforcement of a decades‑old judgment barred by limitation; letters of administration did not revive extinguished title.
Limitation Act 1972 (NRCD 54) – sections 5(2), 10(1), 10(6) – accrual of cause of action – extinguishment of title by lapse of limitation – administrators’ capacity and effect of letters of administration – res judicata – enforcement of judgment.
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17 December 2025 |
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Mandamus compelling the respondent to transmit CD Forms affirmed; a petition filed after the demand is not a legal impediment.
Chieftaincy Act s.62(1) – Mandatory duty of Regional House of Chiefs to report installations – Mandamus to enforce statutory duty – Demand and constructive refusal by inordinate delay – Petition filed after demand not a legal impediment – Judicial review/remedy.
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17 December 2025 |
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Provisional measures denied; Court has jurisdiction under Articles 9(1)(f) and (g); admissible except African Charter claims.
Administrative law — Provisional measures: prima facie case, urgency, irreparable harm; Expedited procedure — exceptional and requires irreparable prejudice; Jurisdiction — Article 9(1)(f) and (g) applicable to disputes between Community and officials and actions for damages; Admissibility — exhaustion of internal remedies inapplicable where remedies unavailable to statutory Commissioners; African Charter claims inadmissible against ECOWAS institutions.
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10 December 2025 |
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Court affirmed jurisdiction to monitor compliance and ordered immediate implementation of reparations and land‑rights remedies by the respondent.
Compliance hearing – Jurisdiction to monitor and enforce Court judgments – Non‑compliance with reparations: unpaid pecuniary awards; failure to identify, delimit, demarcate and title ancestral land; inadequate consultation; lack of recognition of indigenous status; non‑establishment of development fund; late reporting – Provisional measures declined.
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4 December 2025 |
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Court finds fair-trial violation for absence of Constitutional Court; orders TND1,000, operationalisation, publication and report.
Human rights jurisdiction — admissibility — exhaustion of local remedies — divorce and criminal adultery proceedings; Right to terminate marriage — appeal preserves marital status under domestic law; Right to a fair trial — absence/non-operationalisation of Constitutional Court prevented constitutional challenge; Reparations — modest moral damages and orders to operationalise Constitutional Court, publish judgment and report implementation.
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4 December 2025 |
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Provisional measures dismissed for failure to prove extreme gravity, urgency and irreparable harm.
Provisional measures — prima facie jurisdiction; requirements of extreme gravity, urgency and irreparable harm; burden to produce concrete, verifiable evidence; mootness of requests.
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4 December 2025 |
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Court exercised its discretion to reopen pleadings and allow the respondent an out‑of‑time filing, with applicants given 45 days to reply.
Procedure — Reopening pleadings — Rule 46(3) — Inherent powers under Rule 90 — Leave to file out of time — Sensitive consultations — Death-penalty case involving person with albinism — Recusal of President.
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2 December 2025 |
| November 2025 |
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Divorce granted for adultery, desertion and unreasonable behaviour; custody to respondent, maintenance and modest refund ordered.
Family law – Divorce of ordinance marriage – adultery, desertion and unreasonable behaviour as grounds for decree – custody awarded to respondent (petitioner conceded) – child maintenance and education orders – burden of proof for ancillary financial claims – refund of proven shop provisions.
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20 November 2025 |
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Requirement that military personnel resign before ECOWAS permanent conversion lawful; applicant's salary suspension for assuming ministerial office justified.
Public international/Employment law – ECOWAS public service – jurisdiction under Article 9(1)(f) – admissibility and exhaustion of internal remedies when procedures non-operational – conversion of contract staff to permanent status – military status and exclusive loyalty – non-binding nature of Council recommendations – salary suspension for constructive abandonment and breach of exclusivity.
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19 November 2025 |
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Whether a revision is admissible absent newly discovered decisive facts unknown at the time of the judgment.
Revision of judgment – Article 25 Protocol and Articles 92–93 Rules – admissibility requires discovery of new decisive facts unknown to Court and party – three‑month rule – not an appellate route to challenge evidential assessment or merits (MOU dispute) – jurisdiction affirmed but application inadmissible.
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19 November 2025 |
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The respondent's failure to reconstitute its NHRC governing council violated the applicant's right to a timely fair hearing.
Human rights — Right to a fair hearing within a reasonable time (Article 7(1)(d), African Charter) — Applicability to quasi-judicial bodies (NHRC) — State responsibility for institutional inaction — Jurisdiction and admissibility of human-rights applications — Reparations: general damages and orders to ensure determination.
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17 November 2025 |
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Applicants' human‑rights claims dismissed: alleged violations predate ECOWAS Court's temporal jurisdiction.
Human rights jurisdiction — temporal jurisdiction — non‑retroactivity of treaties — continuing violations doctrine — Articles on State Responsibility (Article 14) — ECOWAS Court mandate from 19 January 2005.
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10 November 2025 |
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Whether prolonged detention under a mandatory death sentence and lack of medical care violate rights to freedom from torture and health.
Human rights — Death penalty — Mandatory death sentence and method (hanging) — prolonged detention on death row as torture/cruel, inhuman or degrading treatment — Right to health of prisoners — ECOWAS Court jurisdiction and reparations (commutation/release, medical care, compensation).
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10 November 2025 |
| October 2025 |
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Application struck out for failure to pursue proceedings; restoration permitted upon showing good cause.
Procedural law – Striking out for failure to prosecute – Rule 65(1)(b) and (c) – Applicant uncontactable after presidential pardon – Restoration 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 reopens pleadings to admit respondent’s post-pleadings submission including new electoral legislation.
Procedure — Reopening pleadings — Rule 46(3), Rule 46(4) and Rule 90 — Admission of post-pleadings material — Consideration of subsequent domestic legislation (Act No. 2 of 2024) — Interests of justice.
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15 September 2025 |
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Petitioner granted annulment where marriage unconsummated; court accepted unchallenged evidence after respondent’s absence.
Matrimonial Causes Act — Voidable marriage — Non-consummation (s.13(2)(a)) — Burden of proof: preponderance of probabilities — Acceptance of unchallenged evidence where respondent duly served but absent — Decree of annulment and cancellation of marriage certificate.
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12 September 2025 |
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Accused convicted of stealing employer’s vehicle; confession corroborated, sentenced to nine years and ordered to refund vehicle value.
Criminal law – Stealing (Act 29) – elements: appropriation, dishonesty, non-ownership; Admissibility and corroboration of caution/confession statement; Afterthought defence and credibility; Sentencing – deterrence and restitution under s147B Act 30
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12 September 2025 |
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Applicant awarded GH¢500, interest from 15 December 2024 and GH¢500 costs after respondent’s partial repayment and repudiation.
Contract law – sale of goods – repudiation by unilateral conduct (letting part of property) – admission dispenses proof – specific performance unavailable where innocent party treats contract as discharged – award of remaining balance, interest and costs.
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11 September 2025 |
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Plaintiffs’ claim for declaration of title was dismissed because they failed to identify the land on the ground.
Land law – Declaration of title – Identity of land essential for declaration of title; Evidence – Standard of proof: preponderance of probabilities; Use of survey/composite plan to determine on-ground identity; Documentary proof versus oral assertions.
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10 September 2025 |
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Failure to call key eyewitnesses led to discharge for unlawful damage; accused convicted and sentenced for theft.
Criminal law – Unlawful damage (s.172(1)(b), Act 29) – Elements require intentional and unlawful damage – Burden of proof beyond reasonable doubt – Failure to call material eyewitnesses undermines prosecution case – Guilty plea simpliciter results in conviction and sentencing.
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10 September 2025 |
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Marriage dissolved for irreconcilable differences despite petitioner failing to prove adultery or unreasonable behaviour.
Matrimonial Causes Act — breakdown beyond reconciliation — section 2(1)(f) — burden and standard of proof in divorce petitions — allegations of adultery and unreasonable behaviour must be proved on balance of probabilities — adoption of parties’ Terms of Settlement as consent judgment — cancellation of marriage certificate.
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5 September 2025 |
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Plaintiff failed to prove acquisition, identity and possession; declaration of title dismissed and costs awarded.
Land law – declaration of title – burden of proof – claimant must prove acquisition, identity and possession – arbitration award insufficient where subject land not identified – credibility of boundary witnesses.
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4 September 2025 |
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3 September 2025 |
| August 2025 |
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Applicants failed to prove unanimous beneficiary consent to sell; claim for vacant possession was dismissed.
Capacity to sue – expectant beneficiaries may sue in equity; Will construction – tenancy in common where language conveys separate shares; Sale of family property – unanimous beneficiary consent required to sell or evict co-beneficiary; Evidence – admissions, failure to cross-examine and inconsistent testimony dispense with or diminish need for proof.
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27 August 2025 |
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Plaintiff awarded general damages for breach of vehicle lease; aggravated and unlawful-detention claims dismissed for insufficient evidence/double recovery.
Contract law – vehicle lease – summary judgment for liquidated sums upheld; breach established; unlawful detention not separately awarded to avoid double recovery; aggravated damages denied for lack of proof; general damages and costs awarded.
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26 August 2025 |
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A prior registered 99‑year lease and subsequent assignment prevail over a later family lease; defendant held a trespasser.
Land law – registered lease and assignment – priority of title – nemo dat quod non habet – effect of later family proceedings on prior purchaser – trespass – remedies: declaration, possession, perpetual injunction, nominal/general damages, costs.
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25 August 2025 |
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Accused convicted of unlawful entry and stealing; acquitted of causing unlawful damage.
Criminal law – Unlawful entry; Stealing – elements of appropriation and dishonest intent; weight of admissions and identification evidence; failure to prove causal identity for property damage; sentencing (penalty units and defaults).
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25 August 2025 |
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Marriage dissolved where parties lived apart two years; unreasonable-behaviour allegation unproven; settlement adopted as consent judgment.
Family Law – Matrimonial Causes Act – breakdown beyond reconciliation – separation for two continuous years – allegations of unreasonable behaviour must be proved with cogent evidence – adoption of parties’ Terms of Settlement as consent judgment on ancillary reliefs.
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22 August 2025 |
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Plaintiff failed to prove a customary gift; defendants’ informal intestate distribution was proper and the claim was dismissed.
Customary gift — requirements (intention, publicity, acceptance, possession); burden of proof in civil claims; possession claim puts title in issue; intestate succession (PNDC Law 111) — distribution among spouses and children; Letters of Administration and informal family distribution; evidentiary value of admissions and witness corroboration.
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21 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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Petitioner proved marriage breakdown from adultery and unreasonable behaviour; divorce granted and settlement adopted as consent judgment.
Family law – Divorce – Breakdown beyond reconciliation – Adultery and unreasonable behaviour – Burden and standard of proof (preponderance of probabilities) – Admission of adultery as trustworthy evidence – Adoption of Terms of Settlement as consent judgment.
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15 August 2025 |
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Plaintiff proved title on the balance of probabilities; 1st defendant failed to rebut and must surrender title documents.
Land law – title disputes – standard of proof in land cases (balance of probabilities) – proof of root of title, mode of acquisition and acts of possession – admissibility and weight of documentary evidence (site plans, bank transfers, WhatsApp messages) – credibility of witnesses – perpetual injunction and delivery of title documents.
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14 August 2025 |
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Tenant liable for USD 90,500 rent arrears, unauthorized alterations breached lease; counterclaims dismissed, interest and damages awarded.
Landlord-tenant — unpaid rent — acceptance of liability — unauthorized structural alterations — breach of express tenancy covenants — counterclaims for remedial costs and alleged lost cash dismissed for lack of evidence and self-help breach — interest on foreign-currency debt at LIBOR — eviction obtained via Rent Control order.
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8 August 2025 |
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A valid sale agreement existed; defendant breached it and must pay GH¢35,134 for vehicle repairs; most counterclaims failed.
Contract – formation and interpretation of written agreement – breach for failure to pay and wrongful retention of goods; damages – cost of repairs established by invoices and police inspection report; loss-of-use claims require proof of hiring revenue; counterclaims for repair costs and for torture/psychological harm must be corroborated and supported by documentary/medical evidence; lawfulness of arrest/detention assessed against statutory requirements (Act 30).
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7 August 2025 |
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Plaintiff’s purchase proved; defendant’s occupation was permissive not adverse—title, injunction, rent account and costs awarded.
Land law – declaration of title – proof of sale and root of title – burden of proof – adverse possession and limitation – permissive occupation versus hostile possession – injunction and account of rents – costs.
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7 August 2025 |
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The applicant entitled to possession after long rent-free occupancy; improvements deemed consideration; three months to vacate.
Land law – Possession and temporary occupancy – Implied reasonable time where no fixed term agreed – Long rent‑free occupation (26 years) extinguishes claim to continued possession and monetary compensation for improvements; improvements treated as consideration – Owner entitled to vacant possession with short grace period to vacate – Costs awarded.
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5 August 2025 |
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Court reopens pleadings to allow respondent to file additional evidence in election-related human rights application, denying an extraordinary-session request.
Procedure — Reopening pleadings — Rule 46(3) and inherent powers under Rule 90 — Admission of additional evidence after closure of pleadings — Election-related human rights complaints — Interest of justice and public importance.
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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 |
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A voluntary cautioned confession can be preferred to inconsistent testimony to convict the accused of robbery; related harm charge expunged.
Criminal law – Robbery with offensive weapon – Admissibility and weight of investigation caution statement – Preference of confession over inconsistent oral testimony – Effect of complainant’s absence – Avoidance of double conviction for associated harm.
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4 August 2025 |
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Allocation by the chief and recent possession established plaintiff’s title; estoppel failed; declaration, possession, injunction and costs granted.
Land law — Declaration of title and possession — Competing traditional evidence — Resolve by recent acts of ownership and corroborative documents — Allocation by chief and endorsed site plan constitute valid alienation of stool land — Estoppel (res judicata) not established where claimant was not party to earlier proceedings but only a witness.
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1 August 2025 |
