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Citation
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Judgment date
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| April 2025 |
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Possession of recently stolen goods without a satisfactory explanation supports conviction for dishonestly receiving under Act 29.
Criminal law – Dishonestly receiving (s.147 Act 29) – Doctrine of recent possession – Burden of proof beyond reasonable doubt – Satisfactory explanation from accused – Characterisation of goods as scrap.
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30 April 2025 |
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Accused acquitted where prosecution failed to prove dishonest appropriation of funds for engine purchase beyond reasonable doubt.
Criminal law – Stealing – elements: appropriation, dishonesty, non‑ownership; Burden of proof – prosecution must prove guilt beyond reasonable doubt; Defence may rebut by raising reasonable doubt; Evidentiary sufficiency – verification of vendor payments and credibility of receipts; Civil remedy available for recovery of disputed funds.
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30 April 2025 |
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Prosecution proved stealing where accused withdrew deposited funds and failed to raise reasonable doubt.
Criminal law – Stealing – Elements: appropriation, dishonesty, non‑ownership – Burden of proof beyond reasonable doubt – Admissions and failure to corroborate defence evidence – Sentence with partial restitution.
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30 April 2025 |
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Whether the prosecution proved conspiracy and assault beyond reasonable doubt; inconsistent evidence and missing eyewitnesses proved fatal; juvenile remitted for sentencing.
Criminal law – Conspiracy to commit assault – necessity of proving prior agreement to act together; Assault – elements (forcible touching without consent with intention to cause harm, pain, fear or annoyance); Burden of proof – prosecution must prove guilt beyond reasonable doubt; Credibility – inconsistencies in witness statements and failure to call material eyewitnesses can be fatal to prosecution; Juvenile offender – remittal to Juvenile Court for sentencing.
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30 April 2025 |
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The plaintiff proved title and possession; the defendants' occupation was trespass, warranting recovery, injunction and damages.
Land law – declaration of title – proof of root of title and mode of acquisition by deed of indenture – registration at Land Title Registry – proof of possession and development – trespass by occupiers – procedural consequence of non-attendance (striking out defence) – remedies: declaration, injunction, recovery of possession, damages.
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29 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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Marriage dissolved for unreasonable behaviour and irreconcilable differences after respondent’s default and customary dissolution.
Matrimonial Causes Act 1971 (Act 367) – breakdown beyond reconciliation – unreasonable behaviour (s.2(1)(b)) – irreconcilable differences/customary dissolution (s.2(1)(f)) – default judgment where respondent fails to appear or challenge evidence.
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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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Accused convicted of conspiracy and human trafficking; sentenced to concurrent nine‑year terms and victims compensated.
Criminal law – Human trafficking and conspiracy – recruitment, transportation and induced prostitution – admissibility and weight of caution/charge statements – jurisdiction over non‑citizens under Courts Act – sentencing for deterrence.
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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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Accused acquitted of unlawful entry and damage but convicted of stealing for conveying building materials to a scrap dealer.
Criminal law – Theft – Elements of stealing and proof beyond reasonable doubt – Possession and appropriation of potentially stolen goods – Failure to call supplier/colleague affects defence. Criminal law – Unlawful entry and unlawful damage – requirement to prove entry and causation with intent
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29 April 2025 |
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Court adopted parties' ADR settlement report and entered it as a consent judgment, making the agreement enforceable.
Alternative Dispute Resolution — Court-connected ADR — Filing of settlement report — Adoption of report as consent judgment — Settlement terms made enforceable by court order.
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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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Whether an implied retrieval duty absolves the respondent who retained and used the applicant's hired equipment beyond contract.
Contract law – hire of goods – oral agreement – implied term regarding retrieval of hired equipment – retention and use after expiry constitutes breach – distinction between bailment and hire – assessment of general damages and post‑judgment interest.
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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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Respondent's sublease expired; court ordered eviction, mesne profits and costs against the respondent.
Land law — lease/sublease — expiry and alleged extension; burden of proof on party asserting extension; mesne profits and eviction; evidence and documentary proof.
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25 April 2025 |
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Defendant’s mining negligently encroached plaintiff’s land; alleged destruction of 500 trees unproven; damages and remediation funds awarded.
Land law – Trespass and encroachment by mining – locus in quo and boundary marks (ntomi trees) – proof of special damages (destruction of cocoa trees) – negligence for failure to exercise reasonable care – refusal to order physical restoration; tailored monetary awards for remediation and damages.
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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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Desertion proven; marriage dissolved; mother awarded custody; absent father ordered to pay children's maintenance and school fees.
Family law – Matrimonial Causes Act 1971 (Act 367) – Desertion as ground for dissolution; default evidence where respondent fails to appear; custody and maintenance – best interests of the child (Children’s Act, Act 560).
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25 April 2025 |
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Defendants’ counterclaim that the land is family property succeeds; plaintiffs’ action dismissed, possession, injunction and costs awarded.
Succession and property law – family (stool/lineage) property versus self-acquired estate – declaration of title and recovery of possession – caveat and payment of rates as evidence – burden of proof: preponderance of probabilities – dismissal for failure to prosecute.
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24 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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Whether GHC20,000 was a gift or loan — court found a loan and ordered repayment with interest and costs.
Civil evidence — burden and standard of proof (preponderance of probabilities); disputed transfer characterised as loan v gift; requirement of corroboration for gifts to non-family members; credibility of witnesses and hearsay; award of interest and costs.
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24 April 2025 |
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The applicant in possession may sue for trespass to chattels; the respondent restrained from offloading cement causing dust.
Tort — Trespass to chattels; possession versus ownership; direct and intentional interference; injunctive relief for obstruction and dust; costs award.
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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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Circuit Court lacked jurisdiction on the first-degree offensive-weapon charge; causing-harm conviction upheld but sentence reduced to two years.
Criminal law – Jurisdiction – First degree felony and trial on indictment – Use of offensive weapon (s.70 Act 29); Criminal law – Causing harm (s.69 Act 29) – sufficiency of facts – Sentencing – appellate substitution for excessive sentence; Circuit Court lacked jurisdiction for first-degree offence.
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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 |
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Plaintiff proved root of title, possession and entitlement to declaration, possession, injunction, damages and registration.
Land law – declaration of title – proof by preponderance of probabilities – requirement to prove root of title, mode of acquisition and overt acts of possession – identification of land by boundaries – court proceeding in defendant’s default – injunction and damages for trespass – order to Lands Commission to register title.
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16 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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The applicant entitled to repossess premises given to the respondent as a bare licence; respondent’s counterclaims dismissed.
Ejectment – Occupation as a bare licence – No proprietary interest in rent‑free occupation – Burden of proof on counterclaimant – Failure to prove monetary claims or authenticate alleged settlement – Costs awarded.
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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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Dispute over agreed price and payments for spare parts; court found respondent owed GH¢10,000.00.
Contract for sale of goods – disputed agreed price – burden of proof on party alleging higher price – proof and valuation of goods supplied – set‑off of payments and deductions – award of interest.
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15 April 2025 |
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15 April 2025 |
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Accused acquitted where prosecution’s inconsistent evidence failed to prove fraud by false pretence beyond reasonable doubt.
Criminal law – Defrauding by false pretence – Burden and standard of proof – Material inconsistencies in prosecution evidence – Mobile money transfers – Acquittal where contradictions go to root of case.
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15 April 2025 |
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Court held a compounded 30% monthly penalty unconscionable and found admitted payments fully satisfied the loan; no further recovery.
Contract law — Unconscionability of loan terms; Loans Recovery Act 1918 — re-opening harsh transactions; punitive/compound penalty interest; debt satisfaction by admitted payments; costs.
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15 April 2025 |
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Applicant entitled to rent from respondent occupants (GHC 1,500/month from 2019); counterclaim dismissed; interest and costs awarded.
Property law – post‑judgment occupation; entitlement to rent where occupying beneficiaries frustrate judicial sale; limitation of rent arrears under Limitation Act 1972; dismissal of counterclaim to revoke letters of administration.
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15 April 2025 |
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Defaulting defendant liable on promissory note for GH¢37,000 with interest from due date; costs awarded.
Contract/timber consignment; dishonoured cheque; undertaking construed as promissory note under Bills of Exchange Act s83(1); interest on liquidated sum under LI 1295; default judgment and costs.
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15 April 2025 |
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Court granted custody to the applicant, adopted the social enquiry report, ordered supervised maternal access and GHS500 monthly maintenance.
Family law — Child custody — Social enquiry report adopted — Best interests of the child — Supervised access for an incapacitated mother — Transitional placement — Interim maintenance order.
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14 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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Whether successive prosecutions violated the applicant's non bis in idem and right of defence; court found no violation.
Human rights — Fair trial — Non bis in idem (res judicata) — Distinct facts and successive prosecutions — Right of defence — Accused's presence required; counsel cannot always plead in absence — Damages — Burden to prove actual loss — Counterclaim for abusive proceedings dismissed.
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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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Plaintiff awarded refund, interest and costs after travel agent breached contract and failed to procure promised visa.
Contract law – breach of contract by travel agent – failure to procure visa and unjust enrichment – unchallenged evidence; entitlement to refund, interest from date of payment, and costs.
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11 April 2025 |
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11 April 2025 |
