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Citation
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Judgment date
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| May 2025 |
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Defendant’s non‑attendance deemed an admission; court ordered account, repayment with interest, GH¢150,000 general damages and GH¢30,000 costs.
Commercial law – failure to appear – deemed admission by non‑attendance and failure to cross‑examine; entitlement to account, reconciliation, recovery of monies with interest; award of general damages and costs.
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21 May 2025 |
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Receipt proving full payment established breach; applicant entitled to refund or specific performance with interest and costs.
* Contract – breach for non-delivery of paid property – remedy of repayment or specific performance.
* Limitation – cause of action accrues on renegotiated performance date; six-year limitation for simple contracts.
* Evidence – receipt as prima facie proof of payment; admissibility not defeated by unstamped instrument argument when receipt not chargeable with stamp duty (Stamp Duty Act s.13).
* Burden of proof – once receipt establishes prima facie payment, onus shifts to respondent to contradict.
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20 May 2025 |
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Court reopens pleadings permitting the respondent to answer applicants' claims of disenfranchisement of prisoners and diaspora.
* Human rights – Political participation and elections – Alleged disenfranchisement of prisoners, death-sentenced persons and diaspora citizens; * Constitutional law – Limits on judicial review – Article 74(12) and challengeability of National Elections Commission actions; * Procedure – Reopening of pleadings – Court’s discretion under Rule 46(3) and inherent powers under Rule 90; * Remedies – Time-limited reopening and final deadline to file response.
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20 May 2025 |
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Summary contempt conviction without distinct charge or hearing and failure to determine related motion were patent errors; prohibition and reassignment ordered.
Judicial review – certiorari and prohibition – summary contempt – requirement to state charge distinctly and afford opportunity to answer – patent error on the face of the record; judicial bias – real likelihood of bias; procedural jurisdiction – duty to determine motion affecting recusal before delivering ruling.
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20 May 2025 |
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Applicant’s claim for transfer of land dismissed for failing to prove payment and promise on the balance of probabilities.
* Land law – alleged agreement to transfer land – requirement of proof of payment and contractual agreement for transfer; * Evidence – burden of proof on balance of probabilities; documentary evidence must be probative and linked to parties; * Civil procedure – failure to prosecute: counterclaim dismissed and witnesses struck out.
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19 May 2025 |
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Court found arbitrary detention of several applicants under a 1976 decree, limited jurisdiction on historical plebiscite issues.
Human rights jurisdiction – scope of Court’s competence; admissibility and standing of NGOs; non-retroactivity v. continuing violations; review of national law only in context of concrete alleged violations; arbitrary detention – Article 6 ACHPR – burden of proof and time limits; self-determination claims – standing and people-centric requirement; reparations – compensation and release order.
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16 May 2025 |
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State violated presumption of innocence, reasonable‑time trial rights and caused arbitrary detention; awarded 30,000,000 FCFA.
* Human rights – Presumption of innocence – Prosecutorial public statements at a press conference undermining presumption of innocence.
* Human rights – Right to be tried within a reasonable time – Failure to respect statutory time-limits (Articles 294, 300 CCP) by investigative/judicial chambers and appellate delay.
* Human rights – Arbitrary detention – Continued pre‑trial detention beyond legal deadlines amounts to arbitrary detention.
* Remedies – Compensation, release, institutional measures to protect defense rights.
* ECOWAS Court jurisdiction and admissibility of individual human rights complaints.
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16 May 2025 |
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Appellate court affirms the appellant's robbery conviction and ten-year sentence, finding identification credible and alibi unproven.
Criminal law – Robbery: elements of force and intent; Identification evidence – reliability and opportunity to observe; Defence of alibi – requirement to give particulars and burden to produce supporting evidence; Sentencing – statutory minimum for robbery without weapon.
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16 May 2025 |
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The ECOWAS Court lacks jurisdiction to adjudicate a Member State’s contractual dispute with a private service provider.
Jurisdiction — ECOWAS Court — Article 9 Supplementary Protocol — limits of jurisdiction — contractual disputes between Member States and third parties — inadmissibility of contractual claims — costs to unsuccessful party.
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15 May 2025 |
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Prolonged pretrial detention violated liberty, movement, fair trial rights and amounted to inhuman treatment; release and compensation ordered.
Human rights — Jurisdiction under Article 9(4) of the Protocol — Admissibility under Article 10(d) — Statute-bar under Article 9(3) inapplicable to human rights claims — Arbitrary arrest and prolonged pretrial detention violate right to liberty and freedom of movement — Excessive delay breaches right to fair trial within reasonable time — Prolonged pretrial detention can amount to inhuman or degrading treatment — Reparations: release and monetary compensation.
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15 May 2025 |
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The appellant failed to show the 25‑year robbery sentence was manifestly excessive; appeal dismissed and affirmed.
Criminal law – Sentencing – Appeal against sentence – Whether sentence is manifestly excessive or wrong in principle – Appellate restraint where sentence within statutory limits and mitigating factors considered; robbery with weapon – statutory minima; mitigating factors (age, health, first offender) require evidence; disparity with co‑accused not dispositive.
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14 May 2025 |
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Marriage dissolved for continuous non‑cohabitation; desertion and property claims rejected for lack of evidence.
Divorce — Matrimonial Causes Act (Act 367) — Breakdown beyond reconciliation — Non‑cohabitation for five years (s.1(2), s.2(1)(e)); Desertion — elements required (de facto separation, animus deserendi, lack of consent, lack of reasonable excuse); Evidence — burden of proof and corroboration; Matrimonial property — equality in equity but requirement to prove acquisition; Ancillary reliefs — custody, maintenance, educational and medical responsibilities, accommodation and alimony.
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14 May 2025 |
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Internet and social media shutdowns unlawfully restricted expression, access to information and the right to work.
* Human rights — Internet shutdowns — Lawfulness, necessity and proportionality of restrictions on freedom of expression and access to information.
* Standing — Juristic persons — Legal entities may have standing to claim violations of freedom of expression and access to information.
* Economic and social rights — Right to work — Impact of internet restrictions on digitally dependent livelihoods.
* Jurisdiction — Limits regarding non–human-rights regulatory instruments (ECOWAS Supplementary Act and UEMOA Directive).
* Remedies — General damages and prohibition of unlawful/ arbitrary internet restrictions.
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14 May 2025 |
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Court lacks jurisdiction to review challenged laws in abstract absent identifiable victims and concrete alleged violations.
Human rights jurisdiction — Article 9(4) Protocol — requirement of identifiable victims and factual allegations; Abstract review of domestic laws not permitted; Vagrancy/petty-offence laws challenge; Evidentiary threshold for prima facie jurisdiction; Reliance on generalized reports insufficient.
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14 May 2025 |
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Applicant's recruitment challenge dismissed for lack of evidence; Court upheld committee discretion and prioritized technical competence.
Administrative law; Staff disputes – jurisdiction under Article 9(1)(f); admissibility – exhaustion of internal remedies; recruitment – committee discretion, primary weight to technical competence; discrimination – burden to prove differential treatment with comparative evidence; equitable geographical distribution ancillary to efficiency; dignity/defamation claims not established by interview assessment.
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13 May 2025 |
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Default judgment: State liable for arbitrary detention and unlawful seizure of property; torture claim unproven; $20,000 awarded.
Human-rights jurisdiction; default judgment under Rule 90; arbitrary arrest and detention (Article 6 ACHPR); unlawful seizure and extortion — violation of right to property (Article 14 ACHPR); insufficient evidence of torture/inhuman treatment (Article 5 ACHPR); damages and costs awarded.
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13 May 2025 |
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Application alleging state human-rights violations dismissed as inadmissible for applicants' lack of locus standi despite Court's jurisdiction.
* Human rights — Alleged violations of the right to life, dignity, fair hearing and freedom of expression; duties to investigate and prosecute. * Jurisdiction — Article 9(4) of the Protocol: Court competence for human-rights violations in Member States. * Admissibility — Article 10(d) Protocol; locus standi for indirect victims; necessity of proving familial link or legal personality (letters of administration/probate) for estates. * Procedure — Application inadmissible for lack of standing; merits not determined; parties to bear own costs.
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13 May 2025 |
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Defendant who controlled stored fertilizer and failed to account found liable for value of 222 missing bags and costs.
Property/storage dispute – delivery and storage of goods – evidential weight of waybill; Allegation of forgery in civil trial requires proof beyond reasonable doubt; Burden of proof and shift where plaintiff accounts for part of sales; Control of keys and access as relevant to possession and liability; Credibility of witnesses and inconsistent testimony as grounds to displace defendant’s account.
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12 May 2025 |
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Respondent liable for GH¢17,760 for 222 unaccounted fertilizer bags; forgery allegation unproven.
Capacity to sue; proof of forgery in civil proceedings requires proof beyond reasonable doubt; documentary evidence (waybill, receipts) carries significant weight; burden of proof and evidential shift where primary evidence established; accountability for entrusted goods; credibility of witnesses and effect of inconsistent testimony; award of damages and costs for unaccounted entrusted property.
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12 May 2025 |
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Whether wilful refusal to comply with a court-ordered access regime amounted to contempt warranting committal.
* Contempt of court – constructive/indirect contempt for failure to obey court order – elements: existence of order; knowledge; wilful non-compliance. * Burden of proof – contempt requires proof beyond reasonable doubt. * Family law – enforcement of custody/access orders – committal as remedy.
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12 May 2025 |
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Court admissible to hear human-rights IP-related complaints but dismisses claims as theft/passing-off outside its reparative remit.
* Human rights – Right to property (Article 14 ACHPR) – Distinction between deprivation of property and alleged theft/passing-off; competency limits of human-rights court to adjudicate IP and criminal matters.
* Human rights – Right to equality before the law (Article 26 ICCPR) – Claim must be properly pleaded and supported by facts demonstrating discriminatory treatment.
* Jurisdiction – Court competent for alleged human-rights violations but lacks competence to directly adjudicate claims under Berne Convention, WIPO Treaty or domestic constitutional provisions.
* Admissibility – Applicant identification and exclusivity of forum satisfied.
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12 May 2025 |
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Sentencing discretion upheld; pleas for mercy insufficient where aggravating factors predominate and sentence lawful.
Criminal law – Sentencing discretion – Whether sentence within statutory limits; mitigation versus aggravation; unlawful entry and stealing; previous convictions considered in sentencing.
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9 May 2025 |
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Whether the respondent unlawfully prevented the applicant from leaving the country, violating freedom of movement.
Freedom of movement – Article 12(2) African Charter – lawfulness, necessity and proportionality of restrictions – burden of proof in human-rights allegations – admissibility and jurisdiction of ECOWAS Court – reparations and costs.
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9 May 2025 |
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9 May 2025 |
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9 May 2025 |
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Claim that gambling-advertising guideline discriminated against a celebrity dismissed for lack of evidence; state agency not a proper respondent.
Human rights – Non-discrimination (Article 2 ACHPR) – Allegation that prohibition on celebrity endorsements in gambling advertising discriminates based on social status; Jurisdiction – ECOWAS Community Court jurisdiction over Member States for human rights violations; Proper parties – State agency not a proper respondent before Court; Burden of proof – applicant must plead and prove differential treatment; Remedies – limits on ordering repeal affecting unidentified private parties.
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8 May 2025 |
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Applicant failed to meet the high threshold for injunctive relief halting the Article 146 removal process; application dismissed.
Constitutional law – Article 146 – removal of Chief Justice – notice and right to be heard; Interlocutory injunctions in public law – serious question, irreparable harm, balance of convenience; Presumption of regularity of executive acts; Service of injunction application does not automatically stay constitutional processes; Judicial independence and protection of fair hearing rights.
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6 May 2025 |
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Court confirms land encroachment by defendants and orders removal of structures, granting title to plaintiffs.
Property law – land boundary disputes – encroachment – survey evidence as proof of encroachment.
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6 May 2025 |
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Marriage dissolved for irretrievable breakdown; respondent granted custody, compensation, maintenance and vehicle in trust for children.
Family law – Divorce: breakdown beyond reconciliation; custodial rights; maintenance; marital property – preservation for children or equal division; loan characterization and interest; compensation award.
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5 May 2025 |
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2 May 2025 |
| April 2025 |
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Contract terms bind parties: the named employer, not the statutory funding agency, must pay certified contract sums.
Contract law – Construction contracts – Unambiguous written agreement binding parties; Employer named in contract liable for certified payments; Project Manager/Consultant as Employer’s agent; Statutory funding arrangements do not displace contractual obligations; Clause 43.1 – late payment interest.
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30 April 2025 |
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A prior registered land title and the court-appointed surveyor’s composite plan showed respondent’s trespass, meriting declaration and perpetual injunction for the applicant.
Land law – Boundary dispute – Expert surveyor’s composite plan – Weight of survey evidence – Registered land title creates presumption and constructive notice – Concurrent findings of fact – Trespass and injunctive relief – Costs.
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30 April 2025 |
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Court orders replacement of improper roofing sheets and awards damages for contract breach.
Contract Law - Sale of Goods - Breach of Contract - Specific Performance - Damages Assessment - Seller's Obligation
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30 April 2025 |
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30 April 2025 |
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29 April 2025 |
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A company struck off the register lacks capacity to sue; later restoration does not validate acts done while struck off.
* Corporate law – struck-off companies – capacity to sue – Interpretation of International Business Corporation Act (Cap 222) s.335 and s.336.
* Restoration of company – retrospective effect – absence of deeming provision prevents revival of acts done while struck off.
* Foreign law – proof and presumption under Evidence Act; courts may construe foreign law without expert evidence in exceptional cases.
* Appellate procedure – interlocutory applications affecting jurisdiction and pending appeals; caution against prejudging appeals.
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29 April 2025 |
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Prosecution failed to prove beyond a reasonable doubt that accused committed defilement; accused acquitted.
Criminal law - defilement - burden of proof - alibi defense - failure to investigate alibi - material witness
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29 April 2025 |
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Court convicts accused of defilement and assault, imposing 17 years imprisonment, orders psychological counselling for child victim.
Criminal Law – Defilement under 16 – Assault causing harm – Evidence required for conviction – Sentencing considerations in defilement cases, including victim's age and accused's relationship to the victim.
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29 April 2025 |
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Defendant must pay GHC8,500 for motorbike purchased on credit; no interest due to document validation costs.
Civil law – Credit sale – Return and compensation claims – Validity of document issues – Burden of proof in credit disputes
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28 April 2025 |
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28 April 2025 |
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Plaintiff's claim for land title dismissed due to lack of proof, defendant's occupation upheld as lawful.
Land law – title and possession – burden of proof on temporary occupation – municipal permits for buffer zones.
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28 April 2025 |
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Court dismisses no case submission; accused must open defense in fraudulent breach of trust case.
Criminal law - Fraudulent breach of trust - Submission of no case - Prima facie evidence.
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28 April 2025 |
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Judgment on admission granted where respondent’s partial admissions and conduct established liability to refund GH¢50,000.
Civil procedure – Order 23 Rule 1 CI 47 – Judgment on admission – Partial admissions in pleadings and conduct may justify judgment on admission; partnership/agency inferred from conduct; award of principal, interest and costs.
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25 April 2025 |
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Whether a respondent’s mining negligently encroached and damaged the applicant’s farmland; limited damages awarded.
Land law – Trespass and encroachment – mining adjacent to farmland; burden of proof in claiming destroyed crops; negligence/reasonable care in conducting mining; locus in quo evidence; remedies — damages vs impracticable restoration.
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25 April 2025 |
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Respondents proved disputed house is family property; court granted declaration, possession, injunction and costs.
Land law – family property dispute; Counterclaim burden – proof on preponderance of probabilities under Evidence Act; Evidence – caveat and payment of property rates as indicia of family ownership; Civil procedure – dismissal for non-prosecution under Order 25 Rule 2(b) and determination of counterclaim.
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24 April 2025 |
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The applicant could sue to recover jointly acquired matrimonial property despite documentation being in the deceased husband’s name.
Land and title – Matrimonial property presumed joint where acquired during marriage – Capacity to sue by surviving spouse – Requirement for conclusive proof of sale by deceased – Documentary evidence must specifically describe subject matter – Hearsay evidence about deceased’s transactions accorded little weight – Relief: declaration of title, possession, perpetual injunction, costs, and assessment of rent.
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17 April 2025 |
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Application for certiorari dismissed as procedural errors claimed are within appellate remedy, not judicial review.
Fair trial rights – Criminal procedure – Judicial review – Certiorari application – Language of proceedings – Legal representation
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17 April 2025 |
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Court awarded declaratory title, possession, injunction and damages after plaintiff proved root, mode and possession.
Land law — Declaration of title — burden of proof: root of title, mode of acquisition and overt acts of possession — Court may proceed where defendants default after proper service — Trespass, injunction, damages — Order to Lands Commission to register title.
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16 April 2025 |
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Lease by customary successor upheld; applicant estopped from challenging due to acquiescence and delay.
Customary land – Alienation by customary successor – Requirement of concurrence of principal family members; Voidable (not void) alienations if family fails to act timeously; Estoppel, laches and acquiescence where family permits open possession and development; Admissibility of documentary evidence – procedural rejection may be revisited when defects are cured; Appellate duty to rehear on weight of evidence.
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16 April 2025 |
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Court set aside default judgment, allowed late filing of defence, and awarded costs to the plaintiff.
Civil procedure – Default/interlocutory judgment – Setting aside – Court’s discretion to allow defence out of time where no final judgment delivered – Actual and constructive notice – Non-compliance not automatically void – Costs for procedural default.
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16 April 2025 |
