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8,920 judgments
Citation
Judgment date
February 2025
State agents’ killing found arbitrary; investigation ineffective; reparations and further prosecution ordered.
Human rights — Right to life (Article 4, African Charter) — Arbitrary deprivation by State agents; State duty to investigate — Effectiveness and publication of inquiry reports; Fair hearing (Article 7) — undue delay by national human rights mechanisms; Admissibility — victim/indirect victim status and evidentiary proof of familial relationship; Reparations — compensation and investigation/prosecution orders.
28 February 2025
Defendants ordered to refund Plaintiff for land purchase and litigation costs due to loss of disputed farmland.
Land law – Acquisition of land – Misrepresentation in sale – Loss of possession due to adverse claim – Support in legal disputes
28 February 2025
Court upheld ADR Consent Judgment, dismissing property inheritance dispute on unchallenged grounds and awarded costs to Plaintiff.
Property Law - Inheritance - Family property - Validity of Wills - Alternative Dispute Resolution (ADR) - Consent Judgment enforcement
28 February 2025
Plaintiff failed to prove lease renewal; tenancy held to have expired in 2005 and claim dismissed, costs awarded to defendant.
Land law – lease renewal – burden of proof on party alleging extension; proposal letter vs executed lease; credibility of witness evidence and material inconsistencies; failure to call material witnesses – adverse inference; equitable leasehold interest; owner’s right to renovate/demolish with permit.
28 February 2025
Court rejects application to unfreeze account, citing unpaid judgment debts and emphasizing substantive justice.
Civil Procedure - enforcement of judgment - interpretation of judgment obligations - substantive justice over procedural technicalities.
28 February 2025
The court convicted the accused of threat of death, finding prosecution evidence credible beyond reasonable doubt.
Criminal Law – threat of death – burden of proof – standard of proof beyond reasonable doubt – assessing credibility of evidence
28 February 2025
The accused was convicted of causing harm after failing to prove his accidental stabbing defense was credible.
Criminal Law – Causing harm – Intentional and unlawful stabbing – Evaluation of defense and justification – Conviction based on credible prosecution evidence.
28 February 2025
The accused's failure to cross-examine witnesses and defense admission led to his conviction for stealing.
Criminal Law – Stealing – Proof beyond reasonable doubt – Admission of guilt by failure to cross-examine and defense admission as confession.
28 February 2025
Court reopened pleadings, accepted additional electoral submissions, and admitted RFK and IHRDA as amici curiae.
Procedure – Reopening pleadings under Rule 46(3); Court’s inherent powers and Rule 90; electoral rights litigation; admission of amici curiae (RFK, IHRDA); service and timetable for additional submissions.
28 February 2025
The defendant's license to use family land for religious activities doesn't confer ownership or justify further encroachment.
Family Land – Nature of Land Grant – License vs. Gift – Unlawful Occupation – Perpetual Injunction
28 February 2025
Documentary evidence and long possession supported respondents' title; applicant's land claim dismissed.
Land law – title dispute and counterclaim; possession and presumption of title; caretaker/landlord–tenant relationship; documentary evidence (site plan, receipts) outweighing conflicting oral testimony; burden of proof in claims and counterclaims.
27 February 2025
The court ruled a private loan agreement, not regulated by financial institution laws, must refund unconscionable interest.
Contract Law – Friendly loan agreement – Recovery of outstanding principal and interest – Applicability of Non-Bank Financial Institutions Act.
27 February 2025
Accused convicted for causing harm after pleading guilty; sentenced to 2 years' prison with hard labor.
Criminal Law – Causing harm – Intentional and unlawful act – Conviction on guilty plea.
27 February 2025
Court orders equitable estate distribution among all six children of the deceased.
Succession law – Estate distribution – Beneficiaries' rights – Administrators' duties – Unlawful vesting of property.
27 February 2025
The court enforced specific performance of a valid land sale contract, despite Defendant's breach and attempted abrogation.
Contract Law – Sale of Land – Validity of Contract – Breach of Contract – Specific Performance
27 February 2025
26 February 2025
Supreme Court upholds the grant of an interlocutory injunction to preserve land dispute status quo.
Land law - interlocutory injunction - prima facie right to land - exercise of judicial discretion.
26 February 2025
The court upheld original shareholding and directorship of a company after fraudulent posthumous alterations.
Company law - Shareholding in a limited liability company - Fraudulent alteration of shareholding and directorship records - Verification of original incorporation details.
26 February 2025
Police officer convicted for desertion due to absence without authorization for over 21 days.
Criminal Law – Desertion by police officer – Absence without leave – Requirement of proof of illness or mental incapacity as defense.
26 February 2025
Accused convicted of robbery based on direct witness identification and circumstantial evidence linking them to the crime.
Criminal Law – Robbery – Conspiracy to commit robbery – Identification of accused persons – Burden of proof
26 February 2025
Auditor-General's disallowance powers validated over private entities, requiring prior hearings to protect administrative justice.
Administrative law - Auditor-General's powers - Disallowance and Surcharge - Application to private persons - Right to administrative justice.
26 February 2025
The court granted a default judgment in favor of the plaintiff, given the defendant's failure to appear or defend.
Civil procedure – Default judgment – Plaintiff's claim in the absence of defendant – Burden of proof in unchallenged claims.
26 February 2025
Accused convicted of stealing gold detector, sentenced to ten years imprisonment after admitting use as loan collateral.
Criminal Law – Theft – Dishonest appropriation – Proof beyond reasonable doubt – Prior conviction impacting sentencing.
25 February 2025
3rd Defendant's properties cannot be used to satisfy the judgment debt for an unconsented mortgage securing an overdraft.
Civil Procedure - Mortgage Security - Breach of Mortgage Agreement - Execution Without Consent - Mortgages Act 1972 (NRCD 96)
24 February 2025
The Court found improper auctioning of Plaintiff's goods due to delayed FOB value review, awarding damages.
Customs and revenue - FOB value review - procedural fairness in hearing and response - compliance with auctioning and confiscation laws.
21 February 2025
A fresh interlocutory application based on new evidence may be allowed despite an earlier refusal; prior ruling set aside.
* Civil procedure – interlocutory injunction – fresh evidence after refusal – repeat application permissible where new material could change outcome. * Procedural form v. substance – court may treat mislabelled motion as fresh application and amend heading to do substantial justice. * Evidence – supplementary affidavit and photographs filed pre‑transfer admissible and material to interlocutory relief assessment. * Injunction test – American Cyanamid criteria applied: serious issue, status quo/irreparable harm, balance of convenience.
21 February 2025
Accused acquitted of harm due to insufficient evidence and questionable identification by victims.
Criminal Law – Causing harm – Identification evidence – Burden of proof – Acquittal for insufficient evidence beyond reasonable doubt.
21 February 2025
Plaintiff's claim to land title dismissed due to insufficient evidence and inconsistent documentation.
Land Law – Title to Land – Burden of Proof – Identity of Land – Trespass – Evidence Admissibility
20 February 2025
Stay of proceedings in contempt case refused due to lack of exceptional circumstances and pending appeal's impact.
Contempt of court - Stay of proceedings pending appeal - Exceptional circumstances required - Enforcement of restitution order
20 February 2025
An unregistered company cannot be sued, and a third party cannot claim against a non-contracting employer.
Civil Procedure - Corporate Capacity - Unregistered company capacity to sue or be sued - Privity of Contract and liability of contracting parties.
20 February 2025
Marriage annulled due to non-compliance with legal formalities, unlicensed officiant, impacting property and children’s custody.
Family Law – Annulment of marriage – Impact of solemnization by unlicensed officiant – Valid marriage requirements
19 February 2025
The accused were acquitted for acting in self-defense in an altercation provoked by the complainant.
Criminal law – Causing harm – Self-defense and burden of proof in criminal assault cases
19 February 2025
The 3rd accused was convicted for dishonestly receiving a stolen motorbike, failures of proof against the others.
Criminal Law – Dishonestly receiving – Burden of proof – Credibility of testimony – Conviction of accused.
19 February 2025
Court adopted parties' settlement: respondent to pay GH¢6,100 by 31 March 2025 or plaintiff takes respondent's corn mill.
* Civil procedure – Consent judgment – Court adopts and enters parties' settlement filed in registry as consent judgment. * Debt recovery – Agreed repayment terms and interest added to principal (GH¢5,000 + GH¢1,100 = GH¢6,100). * Security/Remedy on default – Agreement that court shall effect transfer/possession of defendant's corn mill to creditor to recoup debt until paid. * Enforcement – Settlement given effect by court order with a specified payment deadline (31 March 2025).
18 February 2025
18 February 2025
Court adopted a customarily mediated settlement regarding derogatory comments as a consent judgment.
Defamation - customarily mediated settlements - derogatory comments - enforcement of customary awards
18 February 2025
Respondents found in contempt for property actions despite pending injunction application; cautioned and discharged.
Contempt of court - pending injunction - property dispute - execution of judgment - notification and service requirements
18 February 2025
Plaintiff's application for discontinuance granted; Plaintiff barred from fresh action; costs awarded to Defendant.
Civil procedure – Discontinuance of application – Costs awarded – No fresh action allowed
17 February 2025
17 February 2025
The court acquits accused of stealing due to insufficient circumstantial evidence and lack of corroborative proof.
Criminal Law – Stealing – Circumstantial evidence – Burden of proof – Reasonable doubt
17 February 2025
Accused acquitted due to prosecution's failure to establish a prima facie case on threat of harm.
Criminal Law – Threat of harm – Insufficient evidence to establish prima facie case – Accused acquitted and discharged.
17 February 2025
17 February 2025
Court dismissed claims against the Electoral Commission's voter registration process, emphasizing pragmatic balance over idealistic demands.
Electoral Law – Scope of voter registration – Interpretation of Articles 42 and 45 of the Constitution – Administrative discretion of the Electoral Commission.
16 February 2025
ECOWAS Court lacks jurisdiction to review domestic court decisions; property disputes framed as appeals are inadmissible.
Jurisdiction — Human rights jurisdiction under Article 9(4) of the Supplementary Protocol; Property rights — allegations framed as challenge to national court judgments; Admissibility — ECOWAS Court not an appellate or cassation forum for domestic judicial decisions; Costs — unsuccessful applicant ordered to bear costs.
14 February 2025
Representative human-rights claim dismissed as inadmissible for lack of mandate and proof of victim status, despite Court's jurisdiction.
Human rights – Freedom of expression and peaceful assembly – Jurisdiction of ECOWAS Court – Admissibility – Representative actions – Requirement to demonstrate victim status or provide mandate/authorization from victims – Failure to prove mandate renders representative application inadmissible.
14 February 2025
Court had jurisdiction but dismissed public-interest suit for failing to identify envisaged victims; foreign NGO lacked capacity.
Human rights – Public interest litigation (actio popularis) – Locus standi for NGOs – Capacity of foreign-registered NGO – Admissibility requires rights to be public, reliefs for public benefit, and victims capable of being envisaged – Jurisdiction under Article 9(4) Supplementary Protocol.
14 February 2025
14 February 2025
ECOWAS sanctions on Mali were lawful; Court has jurisdiction but claimant cannot recover damages for lawful Community acts.
• Jurisdiction – Article 9(1)(g) Supplementary Protocol – actions for damages against Community institutions. • Procedure – default judgment under Article 90 of the Rules; admissibility and formalities. • Substantive law – lawfulness of ECOWAS sanctions (Revised Treaty Art.77(3); Protocol on Democracy and Good Governance; Mechanism for Conflict Prevention). • Liability – no liability for damages arising from lawful acts of a Community institution. • Human-rights claims – Article 9(4) inapplicable against Community institutions in absence of appropriate treaty basis.
14 February 2025
Applicant's human-rights claims dismissed for lack of evidence attributing violations to the State; application admissible.
Human rights jurisdiction; admissibility of individual application; non-justiciability of purely national constitutional claims before the ECOWAS Court; State responsibility requires attribution of acts to the State; insufficient evidence and lack of attribution leads to dismissal of ACHPR-based claims; no reparations or injunctions awarded.
13 February 2025
The court dissolved a customary marriage and ordered the return of dowry, dismissing additional claims for damages.
Family Law - Divorce - Customary Marriage Dissolution.
13 February 2025