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Citation
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Judgment date
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| April 2025 |
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The court grants declaration of title and recovery of possession of land, awarding damages for trespass.
Land Law – Declaration of title – Trespass – Default Judgment – Proof of Ownership – Perpetual Injunction.
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16 April 2025 |
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Plaintiff's insufficient evidence leads to dismissal of land ownership claim; fraud claims not substantiated.
Land law – declaration of title – burden of proof in civil cases – fraud in land transactions – limitations and acquiescence.
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16 April 2025 |
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16 April 2025 |
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Court dissolves marriage due to irretrievable breakdown and orders custody, maintenance, and financial compensation.
Family Law – Divorce – Irretrievable breakdown – Custody and maintenance arrangements – Compensation for marital contributions.
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14 April 2025 |
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Non bis in idem not breached where successive prosecutions involved distinct facts; absence precluded counsel pleading in criminal trial.
Human rights jurisdiction; admissibility of individual application; non bis in idem (res judicata) — distinct facts and periods; right to defence — accused's presence required; damages and counterclaim dismissed; costs each party bears own costs.
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12 April 2025 |
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Court dismisses claims of breaches in finance lease agreements due to lack of evidence and unlawful interest compounding.
Finance Lease Agreements – Breach of contract claims – Unlawful compounding of interest – Lease equipment recovery claims.
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11 April 2025 |
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Claimants failed to prove ownership of two vehicles; DVLA records entitled execution creditor to seize them; costs awarded.
* Civil procedure – interpleader — third-party claims to goods attached in execution — burden of proof on claimant under Evidence Act (NRCD 323) sections 12,13,14,17; * Evidence — vehicle registration and DVLA certified records as probative proof of ownership; * Property law — payment by an entity does not by itself establish legal ownership absent documentary proof tying payment to the specific vehicle.
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11 April 2025 |
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10 April 2025 |
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Convictions for conspiracy, stealing and forgery upheld; cautioned statements admissible; sentences reduced to concurrent one year three months.
* Criminal law – conspiracy to steal and stealing – elements: non‑ownership, appropriation, dishonesty; documentary proof and admissions. * Evidence – cautioned statements – objections to accuracy/foundation go to weight; mini‑trial/voir dire not required absent challenge to voluntariness. * Defence – uncorroborated exculpatory accounts must be supported to raise reasonable doubt. * Sentencing – mitigation (first offender, partial restitution) may justify reduction and substitution of custodial terms.
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10 April 2025 |
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10 April 2025 |
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10 April 2025 |
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Plaintiff's conversion claim against Defendant dismissed due to lack of credible evidence and witness support.
Tort - Conversion - evidence requirement - Plaintiff's burden of proof in conversion claims - Defendant denial upheld by witness testimony
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10 April 2025 |
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Court finds state blasphemy laws incompatible with freedom of expression and orders legislative reform.
Human rights – Freedom of expression – Limits on speech must be prescribed by law, pursue legitimate aims and be necessary and proportionate; vagueness invalidates restrictions; death penalty for blasphemy disproportionate; actio popularis admissible only for public rights.
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9 April 2025 |
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Applicant beaten by law enforcement; Court finds State violated right to be free from inhuman treatment and delayed investigation, orders damages and inquiry.
Human rights — State responsibility for acts of law enforcement — Cruel, inhuman or degrading treatment — Right to be tried/ investigated within reasonable time — Admissibility and victim status — Remedies and reparations (monetary damages and investigative measures).
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9 April 2025 |
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Court denies interim injunction and permits Easter celebrations amidst chieftaincy dispute, mandating peace undertakings from local leaders.
Public Order Act enforcement - Interim injunction for community festival during chieftaincy dispute - Peace preservation versus community development.
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9 April 2025 |
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Accused acquitted of carnal knowledge but convicted of indecent assault of a mentally incapacitated victim.
Criminal law - Sexual offences - Carnal knowledge of a mental patient - Indecent assault - Mental incapacity and consent
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8 April 2025 |
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The appeal against a 15-year robbery sentence was dismissed due to statutory minimums and valid guilty plea.
Criminal Law – plea of guilty – robbery vs stealing – sentence for robbery using offensive weapon – minimum statutory sentence.
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7 April 2025 |
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Default judgment ordering return of two cattle or market-value payment after defendant’s repeated absence.
Civil procedure — Default judgment — Persistent absence of defendant after ADR referral; evidence — Unchallenged viva voce evidence; filed defence without oral evidence struck out; remedy — return of specific chattels or payment of market value; costs awarded.
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7 April 2025 |
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Ownership of disputed farmland awarded to Defendants, with Plaintiff's claim dismissed due to insufficient proof of possession.
Land Law - Dispute over farmland ownership - Traditional evidence and boundary demarcation in land claims.
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7 April 2025 |
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Applicant failed to prove State violated right to health by obstructing access to a hospital-only medicine.
Human rights – Right to health – Availability, accessibility, acceptability and quality of health goods and services – State obligations to respect, protect and fulfill – Importation and supply of hospital-only medicines – Procedural compliance with Court Rules for preliminary objections – Burden of proof on applicant to establish denial of access.
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7 April 2025 |
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Court finds prima facie evidence for membership in prohibited organizations against some accused, acquits others.
Criminal Law – Prohibited Organizations – Membership and participation – Establishment of prima facie case – Burden of Proof.
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7 April 2025 |
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Whether prosecution proved beyond reasonable doubt that the accused caused the victim’s death by unlawful strangulation.
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7 April 2025 |
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A family member’s unconsented lease of customary family land is void; plaintiff proved title but not trespass or possession.
• Customary land — family land — requirement of head's authorisation for alienation — disposition without consent void. • Civil procedure — trial in absence of defendant — duty to serve and proceed; plaintiff still bears onus of proof. • Proof of title — identity of land, root of title, mode of acquisition, acts of ownership. • Remedies — declaration of title and expungement of registry entry granted; possession and trespass damages dismissed for lack of proof.
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4 April 2025 |
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Applicant's claim of denial of safe abortion and related rights failed for lack of evidence; Court cannot review laws in the abstract.
* Jurisdiction – human rights – Court competent for concrete violations, but will not assess domestic laws in abstract.
* Procedure – preliminary objections must be filed separately under Article 87; non-compliance leads to dismissal.
* Evidence – applicant bears burden to produce minimum proof (medical records, reports) to substantiate allegations of rape and denial of services.
* Right to health & reproductive rights – analysis requires demonstrable State action/omission; absence of proof precludes findings of violation.
* Remedies – declaratory and monetary relief require established violations; claims rejected where facts not proven.
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4 April 2025 |
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Covert audio recordings may be admitted if probative value outweighs prejudice under the discretionary exclusion test.
* Evidence – Admissibility of covert audio recordings – Relevance under Evidence Act ss. 51 and 52.
* Constitutional rights – Right to privacy – Discretionary exclusion of evidence obtained in breach of human rights (Cubagee discretionary test).
* Balancing test – Probative value versus risk of unfair prejudice or bringing administration of justice into disrepute.
* Procedure – Admitted evidence' weight to be tested by cross-examination at trial.
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3 April 2025 |
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The court dismissed the contempt application as the Applicants failed to prove willful disobedience beyond reasonable doubt.
Contempt of Court – Willful disobedience of court order – Civil contempt – Burden of proof – Standard of proof beyond reasonable doubt.
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3 April 2025 |
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Whether a later purchaser obtained legal title as a bona fide purchaser for value without notice despite an existing mortgage.
Equity—Bona fide purchaser for value without notice: elements (legal estate, valuable consideration, absence of notice) and burden of proof; Mortgages—mortgagor’s power to transfer despite encumbrance (NRCD 96); Pleadings—failure to file defence to counterclaim leads to deemed admissions; Vendor’s implied covenant to convey good title; Appellate restraint on disturbing concurrent findings of fact.
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2 April 2025 |
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Applicant’s challenge to damages for bank negligence fails for lack of evidence and absence of egregious misconduct.
Banking negligence – assessment of damages; compensatory damages for pure economic loss – requirement of concrete evidence and mitigation; exemplary damages in tort – high threshold of outrageous or intentional misconduct; appellate interference with concurrent findings of fact.
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2 April 2025 |
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A court may exercise inherent jurisdiction to strike out proceedings for inexcusable delay; appeal dismissed.
Civil procedure – strike out for want of prosecution; inherent jurisdiction of the court to strike out suo motu; Order 37 (C.I.47) not exclusive; relistment as remedy; discretion to allow amendments; proof of title on counterclaim.
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2 April 2025 |
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Whether the applicant, as subcontractor under a ratified petroleum agreement, is insulated from taxes beyond the 5% withholding.
Petroleum law – Stabilization (freezing) clause – effect of ratified petroleum agreement on applicable tax regime; Tax law – strict construction of tax statutes; Interaction of PNDCL 188 with Act 592 and Act 896; Branch profit tax and corporate income tax – applicability to subcontractors and permanent establishments; Privity and third‑party beneficiary rights under ratified contracts; Remedies: declarations, revised assessment and refund.
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2 April 2025 |
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An appellate court may not validly enhance a sentence after the convict has fully served and been discharged.
* Criminal law; sentence review – enhancement of sentence after fully served – appellate rehearing – requirement that sentence be subsisting to be increased; Article 14(6) Constitution – custody credit must be reflected on record; enhancement after discharge constitutes miscarriage of justice.
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2 April 2025 |
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Appeal dismissed: defendants proved title by descent, plaintiffs failed to prove identity on title and lacked supporting documentary evidence.
Property law – title by descent – proof of identity of deceased owner; Evidence – documentary v oral evidence; Possession – long undisturbed possession and estoppel/statute bar; Probate – effect of Letters of Administration obtained by misdescription; Capacity – beneficiaries' right to protect equitable interest.
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2 April 2025 |
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Long adverse possession and laches, upheld alongside statutory limitation, extinguished family’s title despite prior ownership declaration.
Land law – Limitation Act (NRCD 54) s.10 – adverse possession extinguishing title; Equity – laches and acquiescence as bar to stale land claims; Procedure – capacity to sue for family/stool lands, Order 4 r.9 and Order 16 r.5 C.I.47 – amendment of capacity and remedial joinder for failure to serve head of family; Stare decisis and effect of earlier Supreme Court declaration of family ownership (EDUSEI POKU).
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2 April 2025 |
| March 2025 |
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The court rejected the claimant's ownership claim due to contradictory evidence regarding the attached property.
Property law – Interpleader proceedings – Claim of ownership of attached property – Burden of proof and evidential disputes – Conflicting testimony and records.
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28 March 2025 |
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Customary successor has locus to sue; land was sold not leased; trespass awarded general damages and an injunction.
* Customary succession — capacity to sue — successor in title may institute action to protect land rights. * Conveyance vs lease — burden on defendant to prove alleged 99‑year lease; documentary evidence decisive. * Trespass — unlawful sand winning on plaintiff’s land found to be trespass. * Damages — specific damages must be proved; general damages may be awarded for trespass. * Minerals and Mining law — proceeds from illegal mining are matters for the State; plaintiff cannot recover proceeds as unjust enrichment.
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28 March 2025 |
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The accused were acquitted of assault charges due to inconsistencies in prosecution's evidence, creating reasonable doubt.
Criminal Law - Assault - Burden of proof beyond a reasonable doubt - Inconsistencies in witness testimony leading to reasonable doubt
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28 March 2025 |
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The court convicted a forklift operator for attempting to steal vehicle starters, finding the prosecution's evidence credible.
Criminal Law – Attempt to commit crime – Evidence – Establisment of guilt beyond reasonable doubt – Conflict in accused's testimony.
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27 March 2025 |
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High Court dismisses application to refer Prohibited Organizations Act's constitutionality to Supreme Court for interpretation.
Criminal law – Prohibited Organizations Act – Constitutional challenge – Procedure for constitutional interpretation referrals – Freedom of expression and association.
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27 March 2025 |
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Court upheld initial purchaser's land ownership against a later conflicting sale and invalidated subsequent registration.
Land law – double sale of land – title and possession – invalid registration – injunction against interference
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26 March 2025 |
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Court awards damages for defamatory statements, orders public apology and restrains future defamation.
Defamation - publication of defamatory statements - injurious to reputation - public apology and damages awarded.
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26 March 2025 |
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Accused convicted of conspiracy and robbery; insufficient evidence of offensive weapon use; restitution order issued.
Criminal Law - Conspiracy to commit robbery - Robbery - Stealing - Burden of proof.
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26 March 2025 |
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Bail pending appeal requires exceptional circumstances and clear errors in the judgment to be granted.
Criminal law – Bail pending appeal – Criteria for granting bail – Exceptional circumstances required – Family and reconciliation considerations insufficient.
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25 March 2025 |
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25 March 2025 |
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Plaintiff awarded title and possession of cocoa farms; Defendant's claims unsupported by evidence.
Land Law – Declaration of Title – Recovery of Possession – Customary Gift – Proof of Ownership – Burden of Proof.
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24 March 2025 |
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Custody is awarded to a long-term caregiver, emphasizing a child's best interest over biological or familial claims.
Child custody – determining best interests of the child – biological parent's mental capacity – continuity and quality of care by non-parent guardian.
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24 March 2025 |
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Buyer failed to prove defendants sold or delivered a different or defective excavator; claim dismissed, costs awarded.
Contract and sale — procurement vs sale — facilitator who procures and ships goods at buyer’s instruction; evidence — identity of goods established by chassis/shipping documents; second‑hand goods — normal wear and tear not actionable against facilitator; burden of proof — balance of probabilities.
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20 March 2025 |
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Employees suspended during employer’s cessation of operations entitled to three months' suspension pay and one month's pay in lieu of notice.
Labour law – suspension of operations versus lawful termination; statutory notice and pay in lieu (Labour Act, Act 651, s.17); entitlement to suspension pay; interest at Bank of Ghana rate; costs.
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20 March 2025 |
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Defaulting defendants; plaintiff’s assignment and Traditional Council confirmation established title, possession and perpetual injunction, with costs awarded.
Land law – title by assignment and customs authority confirmation; possession – entitlement to recovery where owner establishes title; injunctions – perpetual restraint against interference; default judgment – effect of defendant’s non‑appearance and uncontested evidence.
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20 March 2025 |
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State violated the applicant’s right to an effective remedy and dignity by failing to investigate sexual violence; reparations and reforms ordered.
Human rights jurisdiction of ECOWAS Court; default judgment procedure and requirements; State duty to investigate and preserve evidence in sexual-violence cases; right to effective remedy and access to justice; prohibition of torture/inhuman or degrading treatment; State obligations to prevent, prosecute and provide reparation and victim support.
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20 March 2025 |
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20 March 2025 |
