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Citation
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Judgment date
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| January 2025 |
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Court orders respondent to pay GH¢50,000.00 compensation for marital contributions post-divorce, upholding maintenance agreement.
Family Law – Customary Marriage – Property Settlement upon Divorce – Compensation for Marital Contribution – Financial Provision for Children.
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29 January 2025 |
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Appellate court affirmed conviction on adequate identification evidence and reduced robbery sentence to fifteen years IHL.
* Criminal law – Conspiracy to commit robbery and robbery – proof of identification; sufficiency of victim and police evidence; non-fatal absence of identification parade. * Evidence – effect of inconsistent statements and failure to call alibi witness; burden of production and reasonable doubt. * Sentencing – reduction of an excessive sentence to statutory minimum; concurrent sentences; commencement date of sentence.
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28 January 2025 |
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Application for stay of execution dismissed due to lack of special circumstances and greater hardship to respondents.
Stay of execution pending appeal – Required demonstration of special circumstances or arguable legal points – Comparative hardships of parties.
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28 January 2025 |
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Court dismisses Plaintiff's suit for lack of locus standi in debt claim against Defendants.
Commercial law - assignment of debt - locus standi - corporate veil - contractual obligations.
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28 January 2025 |
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28 January 2025 |
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Judgment for plaintiff due to defendant's non-appearance and acceptance of debt claim through lack of defense.
Contract Law - Debt repayment - Default judgment due to non-appearance - Acceptance of claim by lack of defense
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28 January 2025 |
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27 January 2025 |
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The court found the 1st Defendant liable for outstanding debts and dismissed claims against the 2nd Defendant.
Commercial transaction - credit sales agreement - financial assistance disputes - corporate liability versus personal liability of directors.
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27 January 2025 |
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Court had jurisdiction but dismissed challenge to broadcasting-code enforcement for lack of standing and representative mandate.
Human-rights jurisdiction of ECOWAS Court; admissibility under Article 10(d) — locus standi, actio popularis conditions; corporate applicants and exceptions for freedom of expression; requirement of mandate for representative actions; challenge to enforcement of national broadcasting code dismissed for lack of standing and authorization.
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27 January 2025 |
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Court declares title to Plot No. 26 for plaintiff; determines defendants' trespass and awards damages.
Land law – Trespass – Declaration of title – Determination of rightful ownership – Demarcation of boundaries – Burden of proof in land disputes.
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27 January 2025 |
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Plaintiff failed to prove title; court declared the 46.887‑acre parcel part of Katamanso/Nungua stool lands and granted perpetual injunction.
Land law – Declaration of title – Burden of proof: root of title, mode of acquisition, identity and possession – Admissibility: unstamped document excluded under Stamp Duty Act s.32(6) – Effect of Supreme Court decisions setting aside earlier appellate judgment relied on by claimant – Surveyor’s composite plan and overt acts of development as evidence of possession – Perpetual injunction and declaration in favour of grantor/stool rights.
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27 January 2025 |
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The court dismissed the Plaintiff's claims to land ownership, affirming the land belonged to Katamanso and Nungua Stool lands.
Land law – Ownership dispute – Challenge to Plaintiff’s title based on judicial precedent and fraud – Declaration favoring Defendants' title over disputed land – Dismissal of Plaintiff’s claims.
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27 January 2025 |
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Appellant’s abetment conviction quashed where prosecution failed to prove knowledge and intent.
Criminal law – Abetment of robbery – Requirement of actus reus and mens rea – Abettor’s act must precede or be contemporaneous with offence – Proof of knowledge and intention required; appellate re-hearing and assessment of defence credibility.
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27 January 2025 |
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26 January 2025 |
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Plaintiff's lack of capacity nullifies suit; restrained from harassing family property occupants.
Land Law – Family property – Capacity to bring action – Restraint against harassment and violence – Burden of proof in civil cases.
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25 January 2025 |
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Court dismissed plaintiff's land title claim, validating defendant's ownership and awarding damages for frivolous litigation.
Land Law – Sale of land – Full payment versus part payment – Customary law transactions – Statute of limitations on land sale claims
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24 January 2025 |
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Plaintiff's claim for debt recovery and interest dismissed due to insufficient evidence linking transactions to 1st defendant.
Commercial law – debt recovery – alleged breach of contract – necessity of proof of contractual terms including interest rate agreements.
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24 January 2025 |
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24 January 2025 |
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24 January 2025 |
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Court adopts mediated settlement as consent judgment resolving disputed customary land title and possession.
* Civil procedure – Settlement – Consent judgment – Court adoption of mediated settlement under s72 Courts Act, 1993 (Act 459).
* Land law – Customary family land – declaration of title and recovery of possession resolved by agreement.
* Mediation – Terms read and interpreted in vernacular and confirmed by parties – enforceability as consent judgment.
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23 January 2025 |
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Fraudulent land transaction where the 3rd defendant misled plaintiffs, taking cars without delivering promised land.
Land transaction fraud – False representation – Fraudulent collection of payment under false pretenses without delivering land.
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23 January 2025 |
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Accused acquitted as prosecution failed to prove intent to defraud beyond reasonable doubt.
Criminal Law – Defrauding by false pretence – Burden of proof – Intent to defraud
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23 January 2025 |
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Accused convicted of defilement based on the victim's testimony and corroborative medical evidence.
Criminal law – defilement – evidence – burden of proof – corroboration in cases involving minors.
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23 January 2025 |
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23 January 2025 |
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Judgment in favor of plaintiff for unpaid cocoa deliveries due to defendant's non-appearance.
Civil Procedure – Summary Judgment – Failure to appear – Acceptance of claims due to non-appearance.
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22 January 2025 |
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The court found liability for public defamation by one defendant, granting damages and ordering an apology.
Defamation – Requirements for establishing defamation – Defamatory words published by defendant caused harm to plaintiff's reputation.
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22 January 2025 |
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Appellant's defense against fraudulent land sale allegations leads to trial court judgment being set aside.
Land law – Breach of contract – Fraud – Proof of ownership – Reliance on non-tendered evidence in judgment
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22 January 2025 |
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Court grants damages and costs for breach of oral agreement over unpaid amount by the defendant.
Contracts – breach – oral agreement – preponderance of probabilities – unchallenged evidence – award of damages.
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22 January 2025 |
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Marriage dissolved for unreasonable behaviour and failure to maintain; parties' consent settlement adopted for custody and maintenance.
* Family law – Matrimonial Causes Act (Act 367) – Breakdown of marriage beyond reconciliation – unreasonable behaviour and failure to maintain as grounds for dissolution.
* Family law – Proof of desertion – not established.
* Family law – Consent terms adopted as consent judgment – custody, maintenance, school fees and sharing of incidentals.
* Civil procedure – adoption of parties' settlement as consent judgment.
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22 January 2025 |
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Marriage dissolved for unreasonable behaviour and non‑maintenance; court adopted parties’ settlement on custody and maintenance.
Matrimonial Causes Act (Act 367) – marriage breakdown beyond reconciliation – unreasonable behaviour and failure to maintain as grounds for dissolution; desertion not proved; court adoption of parties’ terms of settlement as consent judgment for ancillary reliefs (custody and maintenance).
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22 January 2025 |
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Court entered judgment for the plaintiff in default on documentary proof, denied legal fees and awarded GH¢10,000 costs.
* Civil procedure – substituted service – posting proved after unsuccessful personal service; defendant’s absence does not bar progression of case.
* Evidence – default judgment – burden to prove averments (s.10 Evidence Act) remains; documentary evidence and affidavits may suffice where defendant is absent.
* Contract and debt – business transaction agreement, loan note and mobile money transfers held sufficient to establish indebtedness.
* Costs – award of assessed costs (GH¢10,000.00); claimed legal fees not allowed.
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22 January 2025 |
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22 January 2025 |
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Accused persons found guilty of conspiracy, unlawful damage, assault, and stealing with sentences to deter future similar conduct.
Criminal Law – Conspiracy to commit crime – Causing unlawful damage – Assault – Stealing – Burden of proof in criminal cases.
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22 January 2025 |
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High Court can entertain applications concerning execution of Supreme Court judgments even when faced with fraud allegations.
Judicial review – certiorari – prohibition – High Court jurisdiction – interlocutory injunction – Supreme Court judgment execution
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22 January 2025 |
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High Court's jurisdiction questioned over its injunction against executing Supreme Court ruling due to fraud allegations.
Supervisory jurisdiction – High Court's authority to issue injunctions affecting execution of Supreme Court judgments – Enforcement parameters under CI 16 Rule 28.
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22 January 2025 |
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Court upholds termination of Managing Director for unauthorized transactions and orders recovery of funds paid.
Employment Law – Managing Director’s authority and fiduciary duty – unauthorized transactions – wrongful termination claims.
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22 January 2025 |
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A default judgment was set aside as the Applicant established a viable defence, with costs awarded due to delay.
Civil Procedure - Default judgment - Setting aside - Requirement for viable defence.
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21 January 2025 |
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Declaratory reliefs require a full trial and cannot be granted on default appearance alone.
Civil procedure – default of appearance – declaratory relief – requirement for full trial before final judgment
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21 January 2025 |
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The court dismissed a suit to relitigate compensation claims, citing res judicata from prior High Court decision.
Property Law – Compensation for land – Res judicata – Duplication of legal claims – Adequacy of compensation payment
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21 January 2025 |
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Prosecution failed to establish a prima facie case of stealing against the accused, leading to acquittal.
Criminal procedure – submission of no case – stealing – insufficient evidence – prima facie case not established.
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21 January 2025 |
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The court granted the plaintiffs a declaration of land title, affirming their ownership and awarding damages for trespass.
Land Law – Declaration of title – Proof of ownership – Burden of evidence – Acts of possession.
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21 January 2025 |
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The court resolved a contract dispute, upholding a bank's claim of unpaid debt while awarding damages for unauthorized deductions.
Contract Law – Fulfillment of Settlement Terms – Unauthorized bank deductions – Debt discharge and obligations.
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20 January 2025 |
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The court acquitted the Appellant due to errors in burden of proof and reliance on irrelevant evidence.
Criminal Law – Burden of proof – Reliance on irrelevant evidence – Miscarriage of justice – Appellant acquitted
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20 January 2025 |
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Accused persons convicted of conspiracy and attempt to steal based on credible prosecution evidence and inconsistent defenses.
Criminal law - Conspiracy and attempt - Proving intention to commit crime - Credibility of prosecution's evidence over defendants' conflicting stories.
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20 January 2025 |
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Customary marriage found in 2001, but disputed properties not proved as jointly acquired; estate governed by PNDCL 111.
Probate and administration — Intestacy — Customary marriage date — Jointly acquired/matrimonial property — Burden of proof on claimant to establish joint acquisition — Distinction between distribution on divorce (matrimonial property jurisprudence) and distribution on intestacy under PNDCL 111 — Intermeddling allegations raise criminal/procedural issues and may be pursued in appropriate forum.
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17 January 2025 |
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Court rules on property distribution of deceased's estate, emphasizing adherence to Intestate Succession Law over joint matrimonial claims.
Matrimonial property – Distribution upon death – Evidence required for joint acquisition claim – Intestate succession – Rights of surviving spouse and children.
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17 January 2025 |
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Plaintiff's land ownership claim failed due to insufficient proof of title and possession acts; claims dismissed.
Land law – Declaration of title – Receipt as evidence of land transaction – Burden of proof in land ownership disputes – Acts of possession.
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17 January 2025 |
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Court invalidated the purported will for lack of due execution and upheld the administrators’ grant; bank held not liable.
* Wills and probate – validity and due execution – requirement of testator’s signature and attestation in presence of two witnesses – burden to prove genuineness when forgery alleged.
* Suspicious circumstances doctrine – large devise to caregiver/substantial beneficiary requires propounder to dispel suspicion.
* Forgery and expert evidence – forensic handwriting opinion admissible but not binding; court may compare signatures and reach its own conclusion.
* Letters of administration – grant may be revoked for fraud, but fraud must be proved; where will is declared invalid, grant stands if properly obtained.
* Bank liability – bank not negligent where account-holder identity/naming discrepancies exist; KYC and customer database evidence relevant.
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17 January 2025 |
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The court invalidated a purported will and upheld Letters of Administration due to lack of evidence of fraud by Defendants.
Probate Law – Will validity – Fraudulent procurement of Letters of Administration – Estate management and administration – Signature examination on alleged testament documents.
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17 January 2025 |
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Court invalidated alleged will due to lack of proof, upholding the letters of administration granted to Defendants.
Wills and Probate – Validity of purported will examined – Letters of Administration properly granted in absence of valid will – Alleged fraud in administration proceedings unproven.
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17 January 2025 |
