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Citation
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Judgment date
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| December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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19 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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Trial in absentia upheld; convictions for multiple counts of fraud and money laundering, ten‑year concurrent sentence and GH¢562,000 restitution ordered.
* Criminal procedure – Trial in absentia – Article 19(3)(a) Constitution – lawfulness where accused absconds after notification. * Fraud – Defrauding by false pretences (Act 29) – elements: representation, falsity, intent to defraud, obtaining consent to part with property. * Money laundering (Act 1044) – predicate offence requirement, proceeds of unlawful activity, saving provisions and evidential presumption regarding unexplained/disproportionate property. * Sentence – concurrent custodial term and restitution ordered.
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18 December 2024 |
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Bail denied where the accused previously absconded for over a year after being released on bail.
* Criminal procedure – Bail – Discretion to grant or refuse bail – Prior failure to appear on recognisance and abscondment justifying refusal of bail. * Criminal procedure – Forfeiture of recognisance – affidavit in support of forfeiture where accused absconds. * Criminal law – Stealing as a second degree felony – not open to settlement.
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18 December 2024 |
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Marriage dissolved; jointly‑acquired house and GH¢50,000 awarded to the applicant; other property claims dismissed.
Family law – Divorce – Proof of breakdown where parties lived apart for extended period; Matrimonial property – Joint acquisition and contributions; Property acquired during marriage not automatically matrimonial; Section 20(1) Act 367 – financial provision and factors for award; Orders for conveyance and registrar transfer on default.
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17 December 2024 |
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17 December 2024 |
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17 December 2024 |
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17 December 2024 |
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17 December 2024 |
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17 December 2024 |
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16 December 2024 |
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16 December 2024 |
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16 December 2024 |
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16 December 2024 |
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13 December 2024 |
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13 December 2024 |
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Omission of plaintiff’s residential address on a writ does not automatically void it; court allowed amendment and awarded costs.
Civil procedure – District Court Rules (CI 59) – Order 2 Rules 6 & 7 – endorsement of plaintiff’s residential address on Writ; amendment under Order 19 to cure defects; substance over form; estoppel by conduct; costs for bad faith application.
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13 December 2024 |
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13 December 2024 |
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13 December 2024 |
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Appellate court reduced a 15-year defilement sentence to 12 years after weighing aggravating and mitigating factors.
* Criminal law – Defilement (s.101(2) Criminal Offences Act) – statutory sentence range 7–25 years; appellate review of sentence; aggravating and mitigating factors; first offender; commencement of sentence.
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12 December 2024 |
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12 December 2024 |
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Claimant failed to prove a separate clan; court declared one Klanaa family and the defendant its lawful head.
Customary law – family identity and headship – whether a separate Nikoitse We Klanaa family exists – burden and standard of proof in civil customary disputes – weight of family records, funeral notices and prior judicial determinations – rights to use family house and appointment/oversight of Wulomo – perpetual injunction against false representation of headship.
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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The applicant’s loan obligation was not frustrated; respondents liable and contractual interest awarded.
* Contract law – frustration – loan agreements: borrower’s primary obligation to repay principal and interest not discharged by failure of the loan’s commercial purpose. * Contract variation – silence does not amount to acceptance; no subsisting freeze on penal interest. * Evidence – burden of proof and failure to reconcile disputed account amounts. * Interest – contractual interest enforceable; post-judgment interest per CI 52 where contract prescribes rate. * Guarantee – written guarantor liable jointly and severally upon debtor’s default.
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12 December 2024 |
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Loan purpose failure did not frustrate repayment; borrower and guarantor liable with contractual interest and costs.
Contract law – Loan contracts – frustration: failure of loan purpose does not discharge repayment obligation; Interest – contractual and penal interest enforceable unless unconscionable; Guarantees – must be in writing and signed; guarantor jointly and severally liable; Evidence – burden of proof and requirement for reconciliation/accounting; CI 52 – rules on award and calculation of interest.
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12 December 2024 |
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12 December 2024 |
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11 December 2024 |
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11 December 2024 |
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11 December 2024 |
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11 December 2024 |
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11 December 2024 |
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11 December 2024 |
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10 December 2024 |
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Appeal dismissed: plaintiffs proved self‑acquired title; appellants failed to prove family title and counterclaim lacked capacity.
Land law — proof of title — self‑acquired property vs family/matrilineal property; burden and nature of traditional evidence; estoppel by conduct (Evidence Act s.26); capacity and pleading of counterclaims for family land; validity of lease where title disputed; remedies: declaration, possession, injunctions and costs.
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10 December 2024 |
