All courts - 2008

29 judgments

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29 judgments

Citation	Judgment date
December 2008
Attorney General and Another Vrs Apaade Lodge Ltd [2008] GHASC 7 (10 December 2008)	10 December 2008
Kwabena Vrs High Court, Accra [2008] GHASC 6 (10 December 2008)	10 December 2008
Republic Vrs Yamoah\|ex Parte Essel and Others [2008] GHASC 19 (10 December 2008)	10 December 2008
November 2008
Majuru v Zimbabwe (Communication 308 of 2005) [2008] ACHPR 95 (24 November 2008) Communication alleging judicial harassment in Zimbabwe declared inadmissible for failure to exhaust effective local remedies and timely submission. African Charter on Human and Peoples' Rights – Admissibility – exhaustion of local remedies – reasonable period – evidence of fear or impediment – jurisdiction of Commission – requirements of Article 56.	24 November 2008
Wetsh'Okonda Koso and Others v Democratic Republic of Congo (Communication 281 of 2003) [2008] ACHPR 94 (24 November 2008) The Commission found that the State violated the right to a fair trial by trying civilians before military tribunals without appeal. Human rights – fair trial rights – military tribunals – independence and impartiality of judiciary – right to appeal – jurisdiction over civilians by military courts – exhaustion of local remedies – interpretation of Articles 7 and 26 of the African Charter on Human and Peoples' Rights.	24 November 2008
Ashun Vrs Accra Brewery Ltd. [2008] GHASC 21 (12 November 2008)	12 November 2008
Sackey Vrs Sanyo Electric and Another [2008] GHASC 8 (12 November 2008)	12 November 2008
October 2008
Fka Company Ltd Vrs Sarkodie [2008] GHASC 9 (27 October 2008)	27 October 2008
Frimpong Vrs Republic [2008] GHACA 36 (23 October 2008)	23 October 2008
August 2008
Pt Wing Sura and Others Vrs Pedro Company Ltd [2008] GHASC 4 (8 August 2008)	8 August 2008
July 2008
Mouvement Ivoirien Des Droits Humains v Cote DIvoire (Communication 246 of 2002) [2008] ACHPR 88 (29 July 2008) Constitutional restrictions on candidacy and blanket immunity provisions found discriminatory and contrary to African Charter rights. Human rights – Non-discrimination – Right to participate in government – Equality before the law – Constitutionality of restrictive eligibility requirements for public office – Blanket immunity for public officials – Admissibility where remedies unavailable – Violation of Articles 1, 2, 3(2), 7, 13 of the African Charter.	29 July 2008
Socio-Economic Rights and Accountability Project v Nigeria (Communication 300 of 2005) [2008] ACHPR 91 (29 July 2008) A complaint about systemic corruption and denial of education rights in Nigeria was dismissed for failure to exhaust local remedies. Human rights – African Charter – Admissibility of communications – Exhaustion of local remedies – Justiciability of socio-economic rights – Nigeria’s domestic implementation of African Charter rights – Prima facie violation and effectiveness of domestic remedies.	29 July 2008
Apostrophes and Others Vrs Commissioner Of Ceps and Another [2008] GHACA 14 (24 July 2008)	24 July 2008
Samed Vrs Republic [2008] GHACA 3 (24 July 2008)	24 July 2008
June 2008
Kwasi Vrs Republic [2008] GHACA 4 (20 June 2008)	20 June 2008
Umoru Vrs Republic [2008] GHACA 9 (20 June 2008)	20 June 2008
Anoe and Another Vrs Antwi and Another [2008] GHACA 18 (13 June 2008)	13 June 2008
Kunutsor Vrs Tetteh [2008] GHACA 35 (12 June 2008)	12 June 2008
Charan Vrs Republic [2008] GHACA 15 (5 June 2008)	5 June 2008
Chief Ebrimah Manneh v Republic of The Gambia (ECW/CCJ/APP/04/07; ECW/CCJ/JUD/03/08) [2008] ECOWASCJ 7 (5 June 2008) The court found the respondent state's arrest and prolonged detention of the applicant without trial violated human rights and awarded compensation. Human rights – arrest and detention – arbitrary detention – right to liberty and security of person – fair hearing – compensation – liability of state for violations of African Charter.	5 June 2008
May 2008
Tetteh Vrs Hammond and Another [2008] GHACA 16 (29 May 2008)	29 May 2008
Hotel Chez Moi Vrs Unibank Gh Ltd and Another [2008] GHACA 27 (22 May 2008)	22 May 2008
Institute for Human Rights and Development in Africa v Republic of Angola (Communication 292 of 2004) [2008] ACHPR 83 (22 May 2008) Angola's mass expulsion of lawfully present non-nationals was found to violate multiple provisions of the African Charter. Human rights – mass expulsion – arbitrary arrest and detention – discrimination against non-nationals – right to due process – right to property – right to work – inhuman and degrading treatment – remedies and compensation for unlawful deportations under the African Charter.	22 May 2008
Ivorian Human Rights Movement v Cote D'Ivoire (Communication 262 of 2002) [2008] ACHPR 84 (22 May 2008) Discriminatory land ownership law found to violate non-discrimination and property rights under the African Charter; remedies ordered despite law’s amendment. Human rights – non-discrimination – right to property – statutory discrimination in land ownership – exhaustion of local remedies – remedies for historical violations after legislative amendment – African Charter on Human and Peoples’ Rights, Articles 2 and 14.	22 May 2008
Zimbabwe Lawyers For Human Rights v Republic of Zimbabwe (Communication 293 of 2004) [2008] ACHPR 86 (22 May 2008) The Commission found no violations of Charter rights regarding judicial delays, discrimination, or judicial independence in Zimbabwe’s election petition process. Human rights – right to fair trial – right to equal protection of the law – judicial delays – independence of judiciary – right to political participation – election petitions – burdens of proof in discrimination and access to justice claims under African Charter – state responsibility for judicial delays.	22 May 2008
April 2008
Yaw Vrs State Housing Co Ltd [2008] GHACA 17 (17 April 2008)	17 April 2008
February 2008
Dadie Vrs Replublic [2008] GHACA 29 (7 February 2008)	7 February 2008
January 2008
Ameley Vrs All Brothers Books and Stationery Ltd [2008] GHACA 10 (24 January 2008)	24 January 2008
Kwasi Vrs Agyakwa [2008] GHACA 8 (17 January 2008)	17 January 2008