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Citation
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Judgment date
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| March 2026 |
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Court found funds were for trading not land and ordered repayment of GH¢8,350 with interest and costs.
Contract/loan: characterisation of funds — whether advance was for land purchase or trading; currency of repayment — whether repayment must be in USD or Ghana cedis; burden of proof and corroboration; interest from date cause of action accrued; costs
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12 March 2026 |
| February 2026 |
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Registered land certificate and possession upheld; defendants failed to prove fraud or establish prior title, counterclaim dismissed.
Land law — indefeasibility of registered title; rectification of land register for fraud — burden to distinctly plead and strictly prove fraud; bona fide purchaser and notice; proof of possession and acts of ownership
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27 February 2026 |
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Payment and possession gave the plaintiff an equitable title; subsequent transfer by seller without title was void and set aside.
Land law – equitable interest by payment and possession – transfer of land – fraud vitiating transactions – nullity ab initio – innocent purchaser for value without notice – State Housing Corporation regularization and penalties – standard of proof for fraud
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27 February 2026 |
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Whether the disputed taxi‑rank parcel forms part of the plaintiff's granted land and warrants ejectment and damages.
Land law – title and identity of land – burden and standard of proof in title suits (preponderance of probabilities) – composite plan/expert evidence as assistive – remedies: trespass, ejectment, injunction, damages and costs
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27 February 2026 |
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Auction purchaser proved title and possession; third party transfer invalidated by prior attachment; damages claim for demolished wall rejected.
Land law – auction sale and Certificate of Purchase – effect of writ of fieri facias and notice of attachment on alienation – nemo dat rule – proof of title, identity and possession – admissibility and weight of expert valuation evidence – dismissal of counterclaim
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27 February 2026 |
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Plaintiff failed to prove driver negligence; contributory non-use of seatbelt found; insurer ordered to pay compensation.
Motor vehicle accident — negligence — burden of proof and particularisation of negligent acts — res ipsa loquitur (narrow application) — contributory negligence for failure to wear seatbelt — insurer liability under comprehensive policy
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19 February 2026 |
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19 February 2026 |
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Actor failed to prove a limited one‑month contract or entitlement to damages from continued advertisement broadcasts.
Contract formation — oral contract enforceability; burden of proof in civil cases; admissibility and weight of audio recordings; copyright/performance rights and beneficiary of advertisement broadcasts; claim dismissed and costs awarded
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19 February 2026 |
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Counterclaim for speculative loss of rent dismissed as unproven and barred by the rule against piecemeal litigation.
Civil procedure – Counterclaim: separate action; burden of proof on preponderance of probabilities – Special damages: must be specifically pleaded and strictly proven – Speculative/conjectural losses not recoverable – Rule in Henderson v Henderson / prohibition of piecemeal litigation – Cause of action estoppel
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10 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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Prior final judgment and valid building permit upheld; municipal assembly's removal notice unlawful—damages and perpetual injunction granted.
Property law – registered title and possession – building permit validity – binding effect of prior final judgment – unlawful interference by municipal assembly – trespass damages and perpetual injunction
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30 January 2026 |
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In an interpleader, claimants failed to displace execution; judgment-creditor's enforceable interest limited to a five-foot overlap to be carved out.
Interpleader – execution against land – burden of proof on claimants to prove root of title, mode of acquisition and possession; identity and limits of land – use of composite plan/expert evidence as guide; overlapping titles – limited enforceable interest; Survey and Mapping Department carving out overlap
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30 January 2026 |
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Whether the plaintiff’s grantors had title or committed fraud, and whether the respondent’s auction purchase was valid.
Land law – proof of title: root of title, mode of acquisition, acts of possession – burden of proof and its shifting – fraud vitiates transactions – validity of High Court public-auction purchase – restitution, damages and costs
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30 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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Plaintiff's private title claim dismissed where lands commission search and Executive Instrument showed the parcel to be State land.
Land law – State land – Executive Instrument and Lands Commission search – burden of proof in civil land claims – requirement of state grant for private title – dismissal for failure to prove entitlement
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30 January 2026 |
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Registered lease and land title upheld; plaintiff’s possession established; defendants’ trespass attracts damages and costs.
Land law – validity of registered lease and land title certificate; proof of possession by overt acts; trespass and damages; limitation and competing family grants; consequences of non‑attendance at trial
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30 January 2026 |
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Whether deposit of title deeds creates a proprietary interest enabling attachment absent a written, registered instrument.
Interpleader – attachment of land – ownership and proprietary interest – requirement for written and registered instrument to create mortgage/charge – estoppel by conduct – burden of proof: preponderance of probabilities
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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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Applicant failed to prove willful disobedience of interim custody order; contempt application dismissed.
Contempt of court — elements: order, knowledge, willful non‑compliance; Contempt proceedings are quasi‑criminal — proof beyond reasonable doubt; Indirect contempt via third parties; Burden of proof on applicant; Committal requires clear, unambiguous evidence
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29 January 2026 |
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28 January 2026 |
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A registered lessee proving root of title and possession is entitled to declaration, possession, injunction, damages and costs.
Land law – proof of root of title, mode of acquisition and acts of possession – registration at Lands Commission – default and unchallenged evidence treated as admission – trespass – remedies: declaration of title, recovery of possession, perpetual injunction, damages and costs
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27 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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An action brought through an unproven attorney lacks capacity and is dismissible without adjudication on the merits.
Corporate capacity to sue – requirement to prove attorney's authority by power of attorney – capacity can be raised at any stage – rejected POA from a distinct foreign entity – dismissal for lack of locus
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23 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 |
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Minority subscribers were fully paid members; purported calls, unnotified meetings and related resolutions were void and oppressive.
Company law – distinction between goodwill and share consideration – subscribers’ rights; Calls on shares and forfeiture – legality and procedure; Notice of shareholders and board meetings – compliance required; Oppression remedy under s.219 Act 992 – unfairly prejudicial conduct; Validity of distributions – burden of proof
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16 January 2026 |
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Goodwill is distinct from shares; subscribers were fully paid; meetings and calls without notice void; withheld dividends to be paid.
Company law – distinction between goodwill and shares; subscription and stated capital – compliance with s.45 and s.68 Act 992; calls on shares and forfeiture – validity and procedure; members’ right to notice of meetings – effect of non‑notification; oppression/unfair prejudice (s.219) – withheld dividends and threats to enforce invalid calls; appointment of auditors – validity of resolutions; remedy – declarations, injunctions, payment of withheld dividends, removal/restriction from directorship; burden of proof on civil standard
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16 January 2026 |
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The plaintiff recovered the unpaid purchase balance with interest, damages and costs; the defendant’s overpayment and smart-home counterclaims failed.
Contract law – sale and purchase – proof of payments (receipts vs bank evidence) – post-contract oral agreement for Smart Home installation not part of written contract – burden of proof – dismissal of counterclaims – award of outstanding balance, interest, damages and costs
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16 January 2026 |
