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8,920 judgments
Citation
Judgment date
January 2025
Plaintiffs failed to prove the disputed land’s identity; court dismissed both the challenge to the will and counterclaim for lack of evidence.
* Probate and testamentary disputes – validity of will – propounder’s duty to place will in evidence; * Land title disputes – identity of land, root of title and mode of acquisition; * Burden and standard of proof in land claims – preponderance of probabilities; * Lands Commission search results – do not by themselves confer or guarantee title; * Relevance of unchallenged witness evidence and composite/site plans in boundary/identity disputes.
17 January 2025
Dispute over the validity of a will and land ownership dismissed due to lack of evidence proving plaintiff's claims.
Property Law - Testamentary Capacity - Land Ownership - Declaratory Relief - Burden of Proof in Land Disputes
17 January 2025
The plaintiff was granted judgment for land ownership due to defendants' non-appearance and credible evidence presented.
Land law - Declaration of title - Trespass - Burden of proof - Default judgment
16 January 2025
Immigration officers' initial stop was justified by a 94% database match, but ignoring police clearance on re‑presentation amounted to negligence and rights violation.
Immigration law – stop‑list and embarkation duties; Negligence – duty of care of public authorities performing statutory duties; Administrative procedure – verification of police clearance; Constitutional rights – freedom of movement and protection of personal liberty; Vicarious liability for officers' negligent acts.
16 January 2025
Court upheld defendant's title to land, awarding damages and injunction for plaintiff's trespass into defendant's property.
Land law – Trespass – Disputed boundaries – Defendant's counterclaim upheld based on surveyor's report confirming plaintiff's trespass.
16 January 2025
German supplier successfully awarded USD$247,848.80 with interest for unpaid poultry goods delivered to buyer.
Contract Law - Sale of Goods - Breach of Contract - Recovery of Debt - Interest and Costs
16 January 2025
An interim injunction was granted to restrain development on disputed plots pending further proceedings.
Land law – interim injunction – balance of convenience – equitable rights to property – preservation of status quo
16 January 2025
Accused convicted of stealing GHC7,700; sentenced to 12 months or ordered repayment and fine.
Criminal Law – Stealing – Burden of proof – Appropriation without ownership – Credibility of accused's explanation for appropriation.
16 January 2025
Plaintiff’s claim for property recovery and rent arrears upheld; defendant must vacate and pay outstanding dues.
Land ownership – definition of tenant – non-consensual property improvement – grounds for tenant eviction
15 January 2025
Tenant ordered to vacate shop and pay outstanding rent and costs for non-payment under Rent Act.
Landlord and tenant - Rent arrears - Eviction - Tenant's counterclaim for improvements - Dismissal of application for stay.
15 January 2025
The appeal concerning breach of a sub-lease due to non-specific timelines was dismissed, upholding lower courts' rulings.
Contract law – Interpretation of written agreements – Stipulated time for performance – Reasonableness and implied timelines – Concurrent factual findings of lower courts affirmed.
15 January 2025
Applicant failed to prove title to entire parcel; respondent entitled to remainder excluding established overlap.
Land law — declaration of title and recovery of possession — proof of identity and limits of land; burden of proof where defendant files counterclaim; proof of possession (boundary pillars) in urban context; use of composite/site plans and survey evidence to resolve competing claims; multiple sales and nemo dat quod non habet — resale invalid only to extent of overlap; validity of lease executed by non-gazetted chief; injunction and possession.
14 January 2025
Court determines entitlement of disputed land sections based on evidence and validity of overlapping claims.
Land Litigation – Burden of Proof – Land Possession – Overlapping land claims – Validity of lease from non-gazette chief.
14 January 2025
Plaintiff was granted a declaration of land title due to a valid leasehold, with damages awarded for Defendant's trespass.
Land Law – Declaration of title – Proof of land ownership – Encroachment and trespass – Evidence of possession and title.
14 January 2025
The Plaintiff's claim to land ownership by customary gift was invalidated due to a prior grant to the Defendant.
Land law – Customary land ownership – Validity of a customary gift – Proof of prior land grant
14 January 2025
The Plaintiffs win land title dispute due to prior judgment invalidating Defendant's grantor's claim.
Property Law - Land Title - Conflicting Claims - Validity of Grantor's Title - Effect of Court Judgment on Land Title
14 January 2025
Court entered judgment for the applicant after respondent’s admission and abandonment, awarding return or monetary substitute, interest and costs.
Civil procedure – default/abandonment – admission of liability – court-entered judgment; ADR – unsuccessful mediation; remedy – substitute monetary award for sold goods; interest at Commercial Bank rate; costs awarded.
13 January 2025
A guilty-with-explanation plea is valid where the charge and facts were properly explained and the explanation is consistent with guilt.
* Criminal procedure – summary trials – requirement to state and explain substance of charge and facts (s.171 Act 30) – s.199 applies to indictable trials only. * Plea – "guilty with explanation" – where explanation confirms guilt court may convict on plea; otherwise enter not guilty. * Dishonestly receiving – elements and sentencing within statutory limits. * Sentencing – appellate interference only for demonstrable misdirection or wrong material.
13 January 2025
Accused pleaded guilty to unlawful entry, causing damage, and stealing; sentenced to concurrent imprisonment and compensation.
Criminal Law – Unlawful entry, causing damage, and stealing – Guilty plea and conviction – Sentencing considerations – Mitigation and compensation ordered.
10 January 2025
Court dismisses eviction claim, orders rent adjustment for unauthorized improvements by tenant.
Tenancy agreement commencement; rent arrears; unauthorized improvements to rental property; supervision of property works; ejection order.
9 January 2025
The District Court lacks jurisdiction to hear disputes involving chieftaincy matters, deferring to traditional councils.
Land ownership dispute - Chieftaincy jurisdiction - Definition of matters affecting chieftaincy under the Courts Act and Chieftaincy Act.
9 January 2025
Accused convicted for intentionally causing harm with no lawful justification.
Criminal law - causing harm - proving intentional and unlawful harm - burden of proof in criminal cases
9 January 2025
Plaintiff not automatically entitled to maximum Montreal Convention compensation for lost baggage without proof.
Air Law - Montreal Convention - Carrier's Liability for Lost Baggage - Proof required for full compensation claim
9 January 2025
Acquittal due to prosecution's failure to prove conspiracy to commit the crime beyond reasonable doubt.
Criminal law – Burden of proof – Conspiracy to commit crime – Insufficient evidence – Presumptive innocence.
8 January 2025
First-time offenders sentenced for conspiracy and carrying weapons near Offinso Manhene's residence.
Criminal Law – Conspiracy – Carrying offensive weapons – Sentencing considerations for first-time youthful offenders.
8 January 2025
December 2024
30 December 2024
30 December 2024
30 December 2024
30 December 2024
27 December 2024
Marriage dissolved for irretrievable breakdown under Act 367 s2(1)(f); custody to petitioner and GHS600 maintenance ordered.
Divorce – Matrimonial Causes Act 1971 s1(2), s2(1)(f) – irretrievable breakdown after diligent effort – Evidence Act 1975 burden and standard of proof – court-connected ADR and consent terms – custody and maintenance ordered.
24 December 2024
23 December 2024
20 December 2024
20 December 2024
20 December 2024
Appellate court affirms 22-year sentence for violent robbery and conspiracy, finding sentencing within statutory limits and not excessive.
* Criminal law – Robbery and conspiracy – Robbery with offensive weapons attracts statutory minimum sentence; conspiracy liable where offence committed. * Sentencing – Judicial discretion – must be exercised according to law and reason; appellate interference only if manifestly excessive or wrong in principle. * Previous convictions – may be considered to justify increased sentence. * Mitigation pleas (remorse, reformation, prison conditions, dependents) are pleas for mercy, not necessarily grounds for appellate interference.
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