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Citation
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Judgment date
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| March 2025 |
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An extension to invoke supervisory jurisdiction must be sought within 90 days; late applications are dismissed.
Supreme Court Rules 62 & 66 – supervisory jurisdiction – time limits for filing application and for applying for extension of time – extension application must be filed within 90 days – withdrawal of earlier application does not stop time running.
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20 March 2025 |
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Court of Appeal lacked jurisdiction to hear first-instance stay before record transmission; Supreme Court appeal struck out for want of leave.
* Civil procedure – appellate jurisdiction – Court of Appeal becomes seised only upon transmission of the Record of Appeal; Notice of Appeal does not confer appellate jurisdiction. * Court of Appeal Rules (C.I.19) – Rules 14 and 21 – transmission of record and control of proceedings during pendency of appeal. * C.I.132 – amendment misconstrued; did not vest first-instance jurisdiction in Court of Appeal absent record transmission. * Jurisdiction – fundamental; acts done without jurisdiction are nullities; may be raised at any time. * Supreme Court jurisdiction – appeals not emanating from High Court original jurisdiction require special leave under Article 131 and s.4 Courts Act (Act 459).
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19 March 2025 |
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Refusal to adjourn and improper closure of defence denied audi alteram partem, causing a nullity; appeal dismissed.
Civil procedure – trial irregularity – refusal of adjournment – denial of cross‑examination – improper closure of defence – breach of audi alteram partem – miscarriage of justice – nullity – hearing de novo.
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19 March 2025 |
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Whether a property transfer founded on allegedly forged documents vitiates the respondent’s title and proceedings.
Land law – title dispute – alleged forgery of deed of assignment and consent to assign; validity of transfer vitiated by documentary manipulation and fraud; Civil procedure – capacity to sue – indorsement on writ and validity of power of attorney; Preliminary objection procedure – Rule 17(1) CI.16 (preliminary objection available to respondent only); Appellate review – interference with concurrent factual findings requires clear blunder or perversity.
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19 March 2025 |
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The court dissolved the marriage due to adultery and granted equal property rights to the petitioner.
Matrimonial Law – Divorce – Grounds of adultery for dissolution – Property rights – Equal share of matrimonial property.
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19 March 2025 |
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An employee’s statutory right to repatriation is enforceable; employer cannot unilaterally deny it or require a written request; repatriation award upheld.
Labour law – foreign contract – statutory duty to repatriate under s.18 Labour Act and Reg.36 LI 1833 – exemption/waiver under Reg.37 requires Labour Officer decision – no written-request precondition – repatriation expenses include subsistence and necessary medical/relocation costs – appellate restraint on discretionary awards.
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19 March 2025 |
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Plaintiff failed to prove authority to sue for his family; appeal allowed and trial judgment restoring dismissal for want of capacity.
* Civil procedure – Capacity to sue – Family representation – Order 4 rule 9 C.I.47 – Burden to prove authority when capacity is challenged. * Evidence – Documentary versus oral evidence – Statutory declaration contradicting oral testimony undermines capacity. * Civil procedure – Non‑service of writ on head of family – Irregularity to be cured under Order 81/Order 4 r.5, not automatic nullity. * Appeal – Appellate inference on factual identity of family/quarter must be supported by record.
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19 March 2025 |
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Driver’s negligence and employer’s vicarious liability upheld; appellate lump-sum award remade under proper heads totaling GH₵100,000.
* Evidence and procedure – inclusion of exhibits in Record of Appeal – Rules 11 and 14, C.I. 19 – exhibits tendered at trial properly before appellate court.
* Tort – negligence – burden of proof on plaintiff; inference of negligence where plaintiff’s unchallenged evidence and admissions stand uncontradicted.
* Vicarious liability – employer liable for employee’s negligent driving in course of employment.
* Damages – distinction between special and general damages; special damages must be pleaded and proved; appellate court must award damages under recognised heads, not an unexplained lump sum.
* Civil procedure – appellate correction of awards where wrong principles applied by lower court.
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19 March 2025 |
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Plaintiff's suit dismissed for lack of capacity; Defendant's counterclaims dismissed as no proper parties were present.
Land ownership - capacity to sue - doctrine of laches and acquiescence - counterclaims in absence of plaintiff's capacity
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18 March 2025 |
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Ownership of container shop linked to marital funds; interest awarded for invested capital.
Matrimonial property dispute – ownership of business assets – burden of proof in financial claims during separation.
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18 March 2025 |
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Court adopted the parties’ mediated Terms of Settlement as a consent judgment resolving rent and arrears dispute over plaintiff’s land.
* Civil procedure – Consent judgment – Court adoption of parties’ negotiated Terms of Settlement and entry as a consent judgment. * Property/use of land – Dispute over operation of washing bay on owner’s land; claims for periodic payment, arrears and vacation. * Alternative dispute resolution – Settlement facilitated by CCADR mediator and filed in court.
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18 March 2025 |
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The accused was convicted of assaulting the complainant with intent to harm during a financial dispute.
Criminal Law – Assault – Unlawful touching with intention to cause harm or annoyance – Evidence sufficient for conviction.
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18 March 2025 |
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ECOWAS Court finds State liable for arbitrary detention, inhuman treatment, media defamation; orders investigation and CFA30,000,000 compensation.
Human rights jurisdiction; default judgment procedure; arbitrary arrest and detention; inhuman and degrading treatment; presumption of innocence; privacy, honor and reputation; reparation and investigation; costs against State.
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17 March 2025 |
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Court finds insufficient proof of embezzlement and duress; orders defendant to pay partial sum with interest.
Contract Law – Mortgage and repayment agreements – Evidence required to support claims of duress in contractual agreements – Legal capacity of a company to sue post-sale.
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17 March 2025 |
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Historic discrimination claims on land rights dismissed as moot after repeal and reform of impugned land laws.
* Human rights law – Alleged discrimination in land rights of an internal ethnic community under the African Charter (Articles 2, 10, 12, 19). * Civil procedure – Default judgment standards: jurisdiction, admissibility, service/formalities, and whether claims remain well‑founded. * Constitutional/land law – Effect of subsequent national legislation (2022 National Land Commission Act and Customary Land Rights Act) on the justiciability and mootness of pre‑existing claims. * Reparations – requirement of proof for special damages and exercise of judicial discretion on general damages.
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17 March 2025 |
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Court: creating a new federated state is a domestic matter; no violation of equality or development rights found.
* Human rights jurisdiction – material jurisdiction under Article 9(4) of the Protocol – applicants may bring actio popularis for collective rights.
* Admissibility – standing – public interest litigation (actio popularis) for collective/peoples’ rights does not require mandate.
* Personal jurisdiction – NGOs domiciled outside ECOWAS lack ratione personae and may be struck off.
* Subnational territorial organisation – creation of states is primarily a domestic constitutional matter within State’s margin of appreciation.
* Alleged discrimination and right to development – failure to create additional federated unit does not ipso facto violate Article 19 or Article 22 of the African Charter.
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17 March 2025 |
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Invalid arbitration due to lack of voluntary submission and breach of natural justice overturned on appeal.
Arbitration – Validity of customary arbitration – Voluntary submission – Breach of natural justice – Application to set aside award.
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17 March 2025 |
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Arbitrary arrests and violent home entries to stop peaceful political activity violated multiple human rights; damages awarded.
Human rights — jurisdiction of Community Court in Member State human-rights claims; admissibility and joinder of related applications; refusal of expedited procedure without particular urgency; unlawful forcible entry and search of private homes; arbitrary arrest and detention for peaceful political activity; violations of freedom of assembly, expression and demonstration; denial of right to counsel and fair trial; award of moral damages and costs.
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17 March 2025 |
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Appellate court set aside aggravated sentence where s300 was improperly applied absent proof or admission of prior convictions.
Criminal law – Sentencing jurisdiction of District Court (s48 Courts Act) – Limits to summary punishment – Application of s300 Act 30 (previous convictions) requires proof or admission of prior, similar convictions – Mitigation for first offenders and youth – Substitution of excessive sentence.
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17 March 2025 |
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Applicants' fair‑trial rights breached by unreasonable delay and denial of defense; detention and torture claims dismissed.
Human rights – jurisdiction of the ECOWAS Court; admissibility – expedited procedure (Article 59) refused; Criminal procedure – arrest under rogatory commission; Fair trial – violation found: unreasonable pre-trial delay and denial of defence (access to counsel and file); No violation found: arbitrary detention and torture/inhuman treatment; Compensation awarded (CFA 5,000,000 each).
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14 March 2025 |
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Plaintiff awarded general damages for unproven vehicle rental costs post-accident but must mitigate losses.
Tort law – Negligence – Vehicle accident – Claim for loss of use – Mitigation of damages – Special vs. general damages.
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13 March 2025 |
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Applicant held registered title; respondent’s structures encroached, entitling applicant to declaration, removal order, injunction and costs.
Land title – identity of parcel – requirement to establish land identity; Encroachment and trespass – court‑appointed surveyor evidence; Public access route asserted as defence – evidential burden on party alleging public right; Proof of demolition and deposition of materials – need for contemporaneous or corroborative evidence; Remedies – declaration of title, removal of encroaching structures, perpetual injunction, reinstatement of drainage, costs.
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13 March 2025 |
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13 March 2025 |
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The court affirmed the Aduana family's ownership of disputed land, rejecting the plaintiff's claim of personal ownership.
Land Law – Title to land – Burden of proof – Claims of ownership through previous judgments – Family versus personal property ownership.
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13 March 2025 |
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The accused was convicted of stealing from a bank after failing to disprove the prosecution's claims beyond reasonable doubt.
Criminal Law – Stealing – Definition and standards of proof beyond reasonable doubt – Evidentiary burden on prosecution in theft cases.
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13 March 2025 |
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Marital property presumption of equal distribution is rebuttable; polygamy is a factor but not determinative; appeal dismissed.
Family law – Distribution of marital property – Article 22(3) Constitution – ‘Equality is equity’ presumption rebuttable by evidence – Non-financial contributions relevant – Polygamy a factor but not determinative – Section 20 Matrimonial Causes Act: monetary settlement permissible.
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12 March 2025 |
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Where statutory arbitration is mandated for licence revocation disputes, courts should stay and refer proceedings to arbitration, not dismiss them.
Administrative law – judicial review – appellate jurisdiction – appellate court improperly deciding matter not determined below; Arbitration – Banks and Specialized Deposit-Taking Institutions Act 2016 (Act 930) s.141 – mandatory resort to arbitration under Alternative Dispute Resolution Act 2010 (Act 798); Procedure – where arbitration mandated, court should stay proceedings and refer parties to arbitration (s.7 ADR Act) rather than dismiss; Arbitrability – constitutional rights versus statutory arbitration regime.
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12 March 2025 |
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A contemnor may be heard on a jurisdictional challenge if supervisory proceedings were initiated before the contempt, despite non-purge.
* Contempt of court – general rule that contemnor not heard until purge – rule subject to judicial discretion and exceptions; * Jurisdictional challenge – contemnor may be heard where challenge to trial court's jurisdiction is raised and supervisory proceedings were initiated before contempt; * Supervisory jurisdiction – invocation before contempt proceedings can justify hearing despite non-purge; * Election petitions – requirement of gazettal of results relevant to jurisdiction; * Natural justice – issues of waiver where party stays away from proceedings.
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12 March 2025 |
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The court determined the accused's statements were voluntary and admissible, allowing for cross-examination on disputed content.
Criminal law – Admissibility of confession statements – Voluntariness – Standard of proof required by prosecution.
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12 March 2025 |
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Prosecution failed to establish a prima facie case for conspiracy, abetment and defrauding by false pretences; accused acquitted.
Criminal law – Defrauding by false pretences – elements: false representation, reliance and intention to defraud; Conspiracy – requirement of agreement and common criminal purpose; Abetment – need for evidence of counselling or facilitation; Evidential burden – prosecution must establish prima facie case before accused required to defend; Weight of hearsay/statements of absent but available witnesses; Investigative irregularities and possible interference undermining prosecution case.
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12 March 2025 |
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The Plaintiff retains authority over the Kotwi Stool Lands due to the Defendant's failure to prove destoolment.
Traditional authority - Chief's authority over stool lands - Proof of destoolment - Alienation of stool lands
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11 March 2025 |
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Supreme Court appeal from administrative decision requires special leave; notice without leave is a nullity.
Appellate jurisdiction – Supreme Court – Appeals as of right limited to cases where Court of Appeal’s decision arose from High Court original jurisdiction – Matters originating from administrative action require special leave under Article 131(2)/s4(2) Courts Act – Notice of Appeal filed without evidence of special leave is a nullity – Motion founded on null Notice incompetent.
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11 March 2025 |
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A 75-year-old man found guilty of defilement, sentenced to 10 years imprisonment; victim was 11 years old.
Criminal law - defilement - proof of age - identification of accused as perpetrator - medical evidence of sexual activity
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11 March 2025 |
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Accused convicted of indecent assault on a minor, sentenced to 24 months imprisonment; psychological counseling recommended for the victim.
Criminal Law - Indecent Assault - Burden and Standard of Proof - Credibility and consistency of victim's evidence - Accused denial and defense.
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11 March 2025 |
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Court rules on judgment by admission and applicable interest rate for US dollar-denominated debt.
Debt recovery – Judgment on admission – Interest rate on US dollar-denominated debts – LIBOR versus local commercial rate.
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10 March 2025 |
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Appellants had their conviction upheld but sentences reduced from two years to six months due to procedural flaws and mitigating factors.
Criminal Law - Appeal - Guilty plea - Procedural breaches and understanding of charges - Sentence reduction - Mitigating factors considered.
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10 March 2025 |
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Accused acquitted of causing harm due to insufficient prosecutorial evidence beyond a reasonable doubt.
Criminal Law - Causing Harm - Burden of Proof - Presumption of Innocence - Witness Testimony - Evidential Requirements
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10 March 2025 |
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Applicant failed to prove alleged property interference amounted to contempt; committal application dismissed.
Contempt of court — indirect contempt — obstruction of administration of justice; burden of proof beyond reasonable doubt in committal proceedings; limitation to grounds pleaded in supporting affidavit (Order 50 Rule 3(3)); adequacy of photographic and documentary evidence to prove contempt.
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10 March 2025 |
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7 March 2025 |
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The applicant was granted sole custody due to her consistent caregiving and the child's welfare needs.
Child custody - Application for sole custody - Welfare of the child as paramount consideration - Best interest principle under the Children’s Act 1998.
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7 March 2025 |
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Claimant’s claim of joint ownership of the mortgaged property rejected; judgment creditor may realise the registered mortgage.
* Property law – Interpleader/Notice of claim – Whether disputed property is jointly owned or matrimonial home – Effect of inconsistent testimony; burden of proof. * Security interests – Validity and enforceability of mortgage registered at Collateral Registry under Borrowers and Lenders Act, 2020 (Act 1052). * Execution – Right of judgment creditor to realise properly registered collateral.
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7 March 2025 |
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Claimant’s inconsistent evidence failed to establish joint ownership; properly registered mortgage enforceable and execution may proceed.
Property law – matrimonial property – whether property mortgaged during subsistence of marriage is jointly owned – proof and onus; Registered mortgage – Collateral Registry under Act 1052 – enforceability; Interpleader/notice of claim – requirement of credible evidence of contribution or joint acquisition.
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7 March 2025 |
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Court dismisses Plaintiff's recovery claim, affirming Defendant's long-standing land occupation due to insufficient proof by Plaintiff.
Land law – possession – proving possession – validity of documentary evidence – refusal of settlement directive by authorities.
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4 March 2025 |
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Flawed identification parade and an uncorroborated alibi did not displace a credible victim identification; conviction upheld, sentence reduced.
Criminal law – Identification: police standing orders for parades are guidelines; irregularities do not automatically vitiate positive identification where witness had clear opportunity to observe. Criminal law – Alibi: burden on accused to adduce credible corroboration to raise reasonable doubt; unproved alibi may be rejected as afterthought. Evidence – Essential ingredients: victim’s age and medical evidence may satisfactorily establish offence elements. Sentencing – Reduction in sentence permissible for mitigating factors (youth) within statutory range.
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4 March 2025 |
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Court requires accused to present defense as prosecution established prima facie case for tax non-payment.
Criminal Law - submission of no case - prima facie case - tax liability - Revenue Administration Act
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4 March 2025 |
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Court confirms legitimacy of Timothy Kwame Serbeh's will, dismissing fraud claims without awarding costs due to familial ties.
Wills and Estates – Validity of Will – Testamentary Capacity – Allegation of Forgery – Burden of Proof
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4 March 2025 |
| February 2025 |
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Court accepts jurisdiction over continuing failure to prosecute but dismisses application for lack of applicants’ standing.
Human-rights jurisdiction – continuing state obligations to investigate and prosecute – admissibility – standing/victim status under Article 10(d) – non-applicability of Article 9(3) limitation to human-rights claims – Court not an appellate forum over domestic courts.
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28 February 2025 |
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A retired ECOWAS staffer must exhaust internal remedies, including appeal to the Council of Ministers, before accessing the Court.
ECOWAS Staff law; jurisdiction under Article 9(1)(f) — dispute between Community and official; former/retired staff may remain "officials" for disputes arising from service; admissibility — requirement to exhaust internal administrative remedies under Article 73(2005 Staff Regulations) and Article 10(e) of the Court's Protocol; interpretation of "may" in Article 73(a) — contextual reading requires exhaustion including appeal to the Council of Ministers; exhaustion is an admissibility, not jurisdictional, issue.
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28 February 2025 |
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Appeal dismissed; guilty plea upheld as judicial confession, no miscarriage of justice in trial proceedings.
Criminal law - preparation to commit a crime - guilty plea - judicial confession - procedural fairness
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28 February 2025 |
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Court upheld a 10-year sentence for attempted robbery, finding no procedural errors or miscarriage of justice.
Criminal procedure – Guilty plea – Compliance with procedural requirements – Validity of conviction for attempted robbery.
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28 February 2025 |
