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Ghana Case Law

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Employment law [2023] GHASC 78

Klu Vrs Youth Employment Agency

Klu Vrs Youth Employment Agency [2023] GHASC 78 (5 July 2023)

The Supreme Court dismissed an appeal over salary arrears and migration to the public service payroll, holding the appellant was a temporary worker whose contract had expired.

  • Employment status
  • Salary arrears
  • Public service migration
  • Appellate procedure
  • Employment-status
  • Salary-arrears
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Land law [2022] GHASC 127

BOASIAKO VRS. NANA ADJEI PANIN (J4/41/2021)

BOASIAKO VRS. NANA ADJEI PANIN (J4/41/2021) [2022] GHASC 127 (14 December 2022)

Supreme Court land appeal on boundary dispute, res judicata, and trespass. Court restored the High Court judgment for the plaintiff and rejected a nullity challenge to the appeal.

  • Boundary disputes
  • Title to land
  • Trespass
  • Res judicata
  • Appellate procedure
  • Land-law
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Family law [2021] GHASC 15

C. C. W. Ltd Vrs Accra Metropolitan Assembly

C. C. W. Ltd Vrs Accra Metropolitan Assembly [2021] GHASC 15 (31 March 2021)

The Court of Appeal erred by allowing legal issues not pleaded or raised at trial to be argued on appeal without leave and without giving the plaintiff an opportunity to respond. The plaintiff proved, on a balance of probabilities, her contribution to the acquisition of property based on a promise to marry, entitling her to equitable relief by way of constructive trust. The defendant failed to prove sole ownership or entitlement to the vehicle. The High Court's judgment is restored, save for costs paid to the 1st defendant.

  • Breach of promise to marry
  • Constructive trust
  • Illegality of contract
  • Foreign law as fact
  • Appellate procedure
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Civil procedure [2021] GHASC 163

Ogyeedom Obranu Kwesi Atta Vi Vrsghana Telecommunication Co. Ltd & Anor

Ogyeedom Obranu Kwesi Atta Vi Vrsghana Telecommunication Co. Ltd & Anor [2021] GHASC 163 (31 March 2021)

The Supreme Court granted a respondent leave to adduce fresh evidence in rebuttal after the appellant had already been allowed fresh evidence on appeal.

  • Adduction of fresh evidence on appeal
  • Appellate procedure
  • Discretion of appellate courts
  • Fair hearing
  • Fresh-evidence-on-appeal
  • Appellate-procedure
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Civil procedure [2020] GHASC 7

Larbi Vrs Tema Development Coperation

Larbi Vrs Tema Development Coperation [2020] GHASC 7 (19 February 2020)

The Defendants failed to demonstrate that the evidence sought to be adduced was not available to them or could not have been obtained with reasonable diligence during the trial. The criterion for admitting fresh evidence on appeal was not met, as the Defendants were in possession of the documents and did not exercise the required diligence.

  • Adduction of fresh evidence on appeal
  • Appellate procedure
  • Rules of evidence
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Civil procedure [2020] GHASC 86

Larbi Vrs Tema Development Corporation

Larbi Vrs Tema Development Corporation [2020] GHASC 86 (19 February 2020)

The Supreme Court dismissed an appeal against refusal to admit fresh evidence, holding the applicant failed to show reasonable diligence under Rule 26.

  • Adduction of fresh evidence on appeal
  • Appellate procedure
  • Burden of proof
  • Reasonable diligence
  • Fresh-evidence-on-appeal
  • Appellate-procedure
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Land law [2020] GHASC 3

Boateng Vrs Mckeown Investment Ltd

Boateng Vrs Mckeown Investment Ltd [2020] GHASC 3 (5 February 2020)

The Court of Appeal erred in admitting and acting on a second notice of appeal filed without leave, contrary to binding Supreme Court authority. On the merits, the plaintiff was the first purchaser from the common grantor, registered her interest, and was in possession before the defendant's grantor acquired title. The family did not act timeously to set aside the plaintiff's grant. It would be inequitable to deny the plaintiff title; thus, the trial court's judgment in her favour is restored.

  • Family land alienation
  • Capacity to sell land
  • Nemo dat quod non habet
  • Appellate procedure
  • Double sale of land
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Land law [2019] GHASC 72

Agorvor Vrs Kwao

Agorvor Vrs Kwao [2019] GHASC 72 (27 March 2019)

The Supreme Court dismissed an appeal in a land dispute, upholding the plaintiff family’s possessory rights, trespass damages, and an order restraining interference.

  • Declaration of title
  • Possessory rights
  • Capacity to sue
  • Identity of land
  • Damages for trespass
  • Counterclaim
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Civil procedure [2016] GHASC 55

Republic Vrs Kumasi Traditional Council; Ex Parte Owusu and Bonsu

Republic Vrs Kumasi Traditional Council; Ex Parte Owusu and Bonsu [2016] GHASC 55 (28 July 2016)

The Court of Appeal exercised its discretion judicially in admitting the late written submission, as it had adequate material and acted within the amended rules, so there is no basis for appellate interference.

  • Appellate procedure
  • Exercise of judicial discretion
  • Late filing of submissions
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Civil procedure [2016] GHASC 16

Mining and Building Contractors Ltd Vrs Anglogold Ashanti Ghana Ltd

Mining and Building Contractors Ltd Vrs Anglogold Ashanti Ghana Ltd [2016] GHASC 16 (19 May 2016)

The Supreme Court refused special leave to appeal, holding that the applicant failed to show a sufficient reason to ignore the appeal time limits or a failure of justice.

  • Special leave to appeal
  • Arbitration agreements
  • Appellate procedure
  • Time limits for appeal
  • Special-leave-to-appeal
  • Arbitration-agreements
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Ghana decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.