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Citation
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Judgment date
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| February 2025 |
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Applicant failed to establish contempt: no order identified, no knowledge or willful non‑compliance proved.
Contempt of court — quasi‑criminal nature — standard of proof beyond reasonable doubt; essential ingredients: existence of order, knowledge of obligation, willful non‑compliance; misuse of contempt proceedings to obtain custody or substantive relief; requirement of personal liability/response by alleged contemnor.
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13 February 2025 |
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13 February 2025 |
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Plaintiff proven rightful owner, granted recovery and damages for Defendant's unauthorized development on disputed land.
Property Law – Ownership of land – competing claims – effect of proper ratification by family representatives.
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13 February 2025 |
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Accused acquitted of causing unlawful damage due to insufficient proof of intentional wrongdoing.
Criminal Law – Causing unlawful damage – Burden of proof – Intentionality and unlawfulness of damage – Land ownership claims.
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13 February 2025 |
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Plaintiff’s suit was set aside for failing to follow required procedure to challenge a prior valid judgment; writ declared null and void.
Civil procedure – res judicata (estoppel per rem judicatam) – requirements for estoppel: final decision, same question, same parties or privies; Stranger to judgment must obtain leave or apply to set aside earlier judgment; Procedural compliance necessary – failure to obtain requisite leave renders subsequent suit invalid; Omission of residential addresses on writ rendered moot where writ set aside for procedural non‑compliance.
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13 February 2025 |
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Court affirmed plaintiff's ownership of shop and ordered defendant's immediate eviction due to rent defaults.
Tenancy law - Shop possession recovery - Tenancy agreement ownership claim - Rent default leading to eviction.
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12 February 2025 |
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Plaintiff entitled to repossession of shop due to defendant’s rent non-payment and invalid ownership claims.
Landlord and Tenant – recovery of possession – ejectment for rent arrears – burden of proof in civil cases – tenant’s failure to pay rent – owner’s entitlement to possession.
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12 February 2025 |
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An offender was convicted for sexual extortion, sharing intimate images without consent, and possessing narcotics.
Criminal Law – Sexual extortion – Non-consensual sharing of intimate images – Narcotics possession.
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12 February 2025 |
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Court orders partial execution, denying stay, balancing harm pending appeal outcome.
Civil procedure – stay of execution – pending appeal – consideration of irreparable harm and hardship to parties.
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12 February 2025 |
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Court lacks jurisdiction to hear application against the AU and AUC because they are not State Parties to the Protocol.
Jurisdiction – African Court’s competence – Applications must be against State Parties to the Protocol; International organisations (AU/AUC) not subject to Protocol obligations – reliance on Falana v. African Union – Application dismissed for lack of jurisdiction.
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12 February 2025 |
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11 February 2025 |
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11 February 2025 |
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Court restores property possession to landlord following tenant's breach of lease through unauthorized demolition.
Landlord-Tenant Dispute – Lease Forfeiture – Breach of Renovation Covenant – Relief Against Forfeiture Application Requirements.
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11 February 2025 |
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Accused acquitted of incest as DNA excludes him as father, confession deemed unreliable without corroborating evidence.
Criminal Law – Burden of proof – Incest – Confession and corroboration – DNA evidence and its impact on prosecution's case
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11 February 2025 |
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Accused convicted for threatening with a knife, emphasizing misuse of self-defense in threat scenarios.
Criminal law – Threat of death – Intention to induce fear – Use of a weapon in altercation – Self-defense not applicable
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11 February 2025 |
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Accused acquitted of defilement due to prosecution's failure to prove beyond reasonable doubt.
Criminal Law - Presumption of Innocence - Burden of Proof in Defilement Cases - Proof beyond Reasonable Doubt - Identity Document Discrepancies affecting Guilt.
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11 February 2025 |
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Court rules buyer's responsibility for withholding tax in gold transactions; voids claimed agreement for seller payment.
Tax law – withholding tax obligations – buyer's responsibility under Income Tax Act – lack of enforceable alternative agreements.
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10 February 2025 |
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Accused cleared of human trafficking charges but convicted for assaulting the victim.
Criminal Law – Human Trafficking – Conspiracy – Assault – Requirement of proof beyond reasonable doubt
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10 February 2025 |
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Convict sentenced to nine years for robbery and making threats of death using a cutlass.
Criminal Law – robbery – burden of proof – threat of death – evaluation of evidence – reasonable doubt.
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10 February 2025 |
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Court orders return or payment for plaintiff's car due to defendant's contract breach.
Property Law – Contractual agreements – Remedy for breach – Burden of proof in civil cases.
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6 February 2025 |
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Estate claims dismissed due to procedural defects; court advises joint administration involvement in inheritance matters.
Estates - Devolution of property of the deceased - Intestate Succession Law application - Joint property rights - Defective estate litigation procedure
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6 February 2025 |
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Court grants split custody, focusing on children's welfare and parental support obligations.
Family Law – Custody of Children – Best Interests of Child – Parental Duties and Responsibilities
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6 February 2025 |
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Guilty-with-explanation plea upheld as judicial confession; conviction affirmed and sentence reduced to seven years.
Criminal law – defrauding by false pretences – guilty plea with explanation; where explanation admits offence plea stands as judicial confession. Criminal procedure – plea recording and voluntariness; self-representation valid. Sentencing – judicial discretion within statutory limits; mitigation (remorse, refund, restitution, first offender) justifies reduction of term.
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6 February 2025 |
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A Rent Magistrate isn't obligated to re-open a case referred by a Rent Officer unless exercised judicially.
Landlord-tenant law – Rent Magistrate's discretion – Obligation to re-take evidence post-Rent Officer reference – Procedural fairness.
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6 February 2025 |
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Application for certiorari dismissed as issues pertained to merits, not procedural or jurisdictional errors.
Certiorari - Application to quash District Court ruling - Allegation of jurisdictional errors and procedural irregularities - Claim dismissed as concerning decision merits.
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6 February 2025 |
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Guilty plea was voluntary; drawing a knife and threatening to take shop takings supported robbery; appeal dismissed.
Criminal law – Robbery – guilty plea as judicial confession – voluntariness and understanding of plea – threat with knife constitutes robbery – exhibit unnecessary after guilty plea – sentencing minimums for robbery with offensive weapon.
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6 February 2025 |
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Failure to provide free legal representation violated the Applicant’s right to defence; conviction otherwise not found manifestly unsafe.
Jurisdiction – material and temporal jurisdiction affirmed; Admissibility – exhaustion of local remedies; Fair trial – right to defence and free legal assistance for indigent accused facing severe penalties; Standard of review – intervention only for manifest error leading to miscarriage of justice; Reparations – moral damages awarded; order to amend Legal Aid Act 2017; publication and periodic reporting.
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5 February 2025 |
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Application declared inadmissible for failure to exhaust the cassation remedy; lack of counsel/ignorance not an automatic excuse.
Human rights – Fair trial rights – Exhaustion of local remedies – Cassation appeal as available and effective domestic remedy – Lack of counsel or ignorance of remedy not automatically excusing non-exhaustion – Admissibility.
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5 February 2025 |
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Application dismissed as inadmissible for failure to exhaust available domestic remedies despite Court's jurisdiction.
* Human rights jurisdiction – Material, personal, temporal and territorial jurisdiction – Allegations under the African Charter and other ratified instruments.
* Admissibility – Exhaustion of local remedies – Availability and effectiveness of domestic criminal/civil remedies under national criminal procedure (Article 36 and Article 206 CCP).
* Admissibility – Prematurity of application where domestic avenues to request investigation or bring civil action were not pursued.
* Costs – Each party to bear own costs.
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5 February 2025 |
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State violated multiple Charter rights of persons with albinism by failing to prevent, investigate and remedy systematic attacks.
Human rights – Persons with albinism – State duty of due diligence to prevent, investigate and prosecute attacks – Non-discrimination, right to life, freedom from torture, dignity, health, education, children’s rights – Admissibility: NGOs’ locus standi and exceptions to exhaustion of domestic remedies – Reparations: fund, legislative reform, national plan, awareness campaigns, reporting.
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5 February 2025 |
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Mandatory death penalty and execution by hanging violate the Charter; Court orders vacatur, new sentencing hearing, reforms and damages.
Criminal law and human rights – jurisdiction of the African Court to assess domestic proceedings – admissibility (exhaustion of local remedies; reasonable time) – mandatory death penalty violates Article 4 (right to life) – execution by hanging violates Article 5 (dignity) – reparations: moral damages, vacatur of mandatory sentence, new sentencing hearing, legislative reform and reporting.
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5 February 2025 |
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Default judgment allowed; application inadmissible for failure to exhaust domestic remedies.
Procedure – Default judgment – Rule 63 – Service and failure to respond; Jurisdiction – Article 3 Protocol – material, personal, temporal, territorial; Admissibility – Exhaustion of local remedies – Rule 50(2)(e) – appeal against first‑instance dismissal; Costs – each party bears own costs.
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5 February 2025 |
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Court has jurisdiction over alleged Charter violations from contractual disputes but Application dismissed for non‑exhaustion of local remedies.
• Jurisdiction – Material jurisdiction over alleged Charter violations even where disputes arise from contractual relations; Court may assess compliance of national judicial proceedings with Charter standards.
• Admissibility – Requirement to exhaust available, effective and satisfactory local remedies; undue prolongation assessed case‑by‑case.
• Remedies – Availability of Constitutional Court remedies in the Respondent State and consequences of failure to invoke them.
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5 February 2025 |
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5 February 2025 |
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Defendant ordered to vacate property due to unauthorized occupation and executor delays in estate settlement.
Property law – Will execution – Unauthorized occupation of property – Executor's duty.
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4 February 2025 |
| January 2025 |
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Court dismissed land ownership claim due to insufficient evidence of title and proof of possession by the Plaintiffs.
Land Law – Declaration of Title – Proof of ownership – Identity of disputed land – Trespass – Burden of proof.
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31 January 2025 |
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Court upholds shareholder's claim for unpaid dividends and dismisses directors from personal liability.
Contract law - investment agreements - shareholder rights - estoppel - collateral agreements
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31 January 2025 |
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Accused convicted for defrauding victims by falsely promising enlistment in security services, sentenced to 5 years.
Criminal Law – Defrauding by false pretence – Elements of the offence – Sentencing considerations for fraud.
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31 January 2025 |
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Accused convicted of fraudulently promising security service recruitment and sentenced to 5 years with restitution to victims.
Criminal Law - Fraud - False representations for recruitment into security services - Intent to defraud - Prosecution's burden to prove beyond reasonable doubt.
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31 January 2025 |
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Court dissolves marriage due to irretrievable breakdown from mutual unreasonable behavior, orders custody and maintenance.
Family Law – dissolution of marriage – unreasonable behavior – custody and maintenance of children.
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31 January 2025 |
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Granting biological father custody over customary claims held in children's best interest.
Family law - child custody - biological father vs customary rights - best interest of children
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30 January 2025 |
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Court grants biological father custody, dismissing Frafra custom presumption, prioritizing children's welfare.
Family law – Child custody – Biological father vs. customary claims – Children's best interest paramount – Validity of Frafra customs.
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30 January 2025 |
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Court dissolved marriage for breakdown beyond reconciliation and adopted parties’ ancillary reliefs as a consent judgment.
Matrimonial Causes Act (Act 367) — divorce on ground of breakdown beyond reconciliation — court must be independently satisfied of breakdown; consent terms may be adopted for ancillary reliefs; evidence and procedural sufficiency where no cross-examination.
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30 January 2025 |
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Court dissolved the marriage for breakdown beyond reconciliation and adopted parties’ consent terms for ancillary reliefs.
Matrimonial Causes Act, 1971 (Act 367) – divorce – showing marriage broken down beyond reconciliation; court’s duty to be satisfied of breakdown despite parties’ agreement; adoption of consent terms for ancillary reliefs (custody, maintenance, education/medical expenses, alimony).
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30 January 2025 |
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The court ruled the sale of matrimonial property without spouse's consent unlawful and set it aside.
Matrimonial property - joint ownership - determination of rightful ownership and consent in property dealings - illegal sale of joint property.
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30 January 2025 |
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Court finds wrongful removal of Company Secretary oppressive, orders share purchase by company.
Company law - Oppression of minority shareholders - Capacity to sue - Validity of company resolutions and appointments
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29 January 2025 |
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Supreme Court upholds the plaintiffs' land rights, stressing the importance of valid documentation over prolonged possession.
Land Law – Title and possession – Probative value of title documents and leases – Proof of identity of land in dispute.
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29 January 2025 |
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29 January 2025 |
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Tenant renovations with landlord consent; compensation not owed as lease ended before departure.
Landlord and Tenant – Renovation with consent – Tenant's right to compensation under the Rent Act – Landlord's claim for restoration to original state.
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29 January 2025 |
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The court acquitted the accused, finding the prosecution failed to establish a prima facie case for stealing.
Criminal Law – Stealing – Prima Facie Case – Submission of No Case to Answer – Insufficient Evidence – Acquittal.
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29 January 2025 |
