Ghana Case Law

Agate Enterprise & Transport Services Limited v Djan and Another (J4/47/2022)

Agate Enterprise & Transport Services Limited v Djan and Another (J4/47/2022) [2025] GHASC 24 (2 April 2025)

Court

Supreme Court

Case number

J4/47/2022

Supreme Court held that the 2nd defendant was a bona fide purchaser for value without notice and set aside the lower courts’ decisions in favour of the plaintiff.

• Bona fide purchaser for value without notice
• Specific performance
• Equitable interests in land
• Mortgages
• Transfer of legal estate
• Due diligence in land transactions

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LARI VRS AJN CONSULT LIMITED & 2 OTHERS (A1/14/24)

LARI VRS AJN CONSULT LIMITED & 2 OTHERS (A1/14/24) [2024] GHADC 395 (5 July 2024)

Court

ghadc

The court dismissed a contestant’s challenge to Miss Damba 2023 results, finding no proof of arbitrary manipulation and no basis to refund extra votes.

• Breach of contract
• Equitable remedies
• Contest rules
• Burden of proof
• Burden-of-proof
• Contract-law

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RADDY & ORS VRS AMPEM II (J4/67/2023)

RADDY & ORS VRS AMPEM II (J4/67/2023) [2024] GHASC 27 (22 May 2024)

Court

ghasc

The 1955 agreement was a tenancy/sublease, not an assignment, as evidenced by the language, covenants, and context. The Respondent retained equitable interest in the property through a specifically enforceable, partly executed lease after the headlease expired. The Lands Commission failed to exercise its discretion fairly and reasonably by not clarifying the Respondent's entitlement and by granting the lease to the Appellants without justification. The Respondent was better entitled to the renewal, and the lease granted to the Appellants must be cancelled and a fresh lease issued to the Respo…

Source excerpt

• Lease renewal
• Equitable interest in land
• Exercise of administrative discretion
• Interpretation of written instruments
• Tenancy vs. assignment
• Effect of lease expiration

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UNIVERSITY OF CAPE COAST VRS OWUSUMAH (E1/45/2021)

UNIVERSITY OF CAPE COAST VRS OWUSUMAH (E1/45/2021) [2024] GHAHC 90 (14 May 2024)

Court

ghahc

Although the Defendant's land falls within the Plaintiff's compulsorily acquired land and Defendant had no valid title, the Plaintiff is estopped from asserting its rights due to prolonged acquiescence and inaction, which encouraged the Defendant to develop the land in honest belief of ownership.

Source excerpt

• Compulsory acquisition
• Trespass
• Estoppel by acquiescence
• Limitation
• Laches

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NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022)

NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022) [2024] GHAHC 340 (30 April 2024)

Court

ghahc

The oral agreement for sale of the property, supported by substantial payments and acknowledgments, created a constructive trust in favour of the Plaintiff. The 1st Defendant, as trustee, was estopped from selling the property to the 2nd Defendant, who had notice of Plaintiff's interest. The subsequent sale was null and void. Plaintiff is entitled to specific performance, rectification of the land register, and a perpetual injunction.

Source excerpt

• Specific performance
• Constructive trust
• Sale of land
• Fraudulent conveyance
• Perpetual injunction
• Rectification of land register

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NII MANTEY SACKEY & ANOR. VRS MADAM DOROTHY JOHNSON (LD/0733/2021)

NII MANTEY SACKEY & ANOR. VRS MADAM DOROTHY JOHNSON (LD/0733/2021) [2024] GHAHC 196 (27 February 2024)

Court

ghahc

The applicant, having violated a court order and acted in bad faith, is not entitled to equitable relief such as a stay of execution. The equities are against the applicant, and the application is dismissed.

Source excerpt

• Stay of execution
• Fraudulent title
• Injunction
• Clean hands doctrine

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BOACHIE-ADJEI VRS. MENSAH AND ANOTHER (CM/RPC/1197/2019)

BOACHIE-ADJEI VRS. MENSAH AND ANOTHER (CM/RPC/1197/2019) [2024] GHAHC 55 (12 February 2024)

Court

ghahc

The High Court in Accra ordered the defendants to refund USD 259,240 to the plaintiff over funds advanced for a VOIP venture, finding estoppel and unjust enrichment.

• Loan agreements
• Joint venture
• Unjust enrichment
• Estoppel
• Restitution
• Unjust-enrichment

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NSUO VRS ALEX (A1/5/2022)

NSUO VRS ALEX (A1/5/2022) [2023] GHADC 1215 (24 November 2023)

Court

District Court

Case number

A1/5/2022

District Court judgment on a farmland dispute: possession and injunction granted to the plaintiff, while the defendant received compensation for improvements.

• Declaration of title
• Recovery of possession
• Injunction
• Compensation for improvements
• Burden of proof
• Land-law

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AMOAKO VRS MOHAMMED (A2/09/2023)

AMOAKO VRS MOHAMMED (A2/09/2023) [2023] GHADC 1037 (18 August 2023)

Court

District Court

Case number

A2/09/2023

The court found that the plaintiff had fulfilled her contractual obligations and was unfairly denied the promised items due to arbitrary and extortionate sanctions. The association's conduct amounted to constructive fraud and abuse of confidence. The court ordered specific performance, requiring the association to deliver the promised items to the plaintiff, as she had met all criteria and endured unreasonable treatment.

Source excerpt

• Simple contracts
• Ponzi schemes
• Constructive fraud
• Misrepresentation
• Unconscionability
• Specific performance

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Yeboah Vrs Developer known as Man Jane (C1/133/23)

Yeboah Vrs Developer known as Man Jane (C1/133/23) [2023] GHAHC 502 (28 July 2023)

Court

High Court

Case number

C1/133/23

The High Court granted an interlocutory injunction in a land dispute, holding that the plaintiff showed a protectable right and that the balance of convenience favored preserving the status quo.

• Interlocutory injunction
• Title to land
• Trespass
• Possession
• Balance of convenience
• Interlocutory-injunction

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