Ghana Case Law

KONJA VRS SARPONG & ANOTHER (C11\03\2022)

KONJA VRS SARPONG & ANOTHER (C11\03\2022) [2024] GHAHC 217 (9 May 2024)

Court

ghahc

The appellate court found that the trial magistrate properly evaluated the evidence, including the expert testimony and reports from the Town and Country Planning Office and the Plot Allocation Committee, which established that the disputed land was Plot 208 and not Plot 210. The refusal to appoint an independent surveyor or admit the building permit was within the trial court's discretion and did not affect the resolution of the core issue of land identity. The appeal lacked merit and was dismissed.

Source excerpt

• Title to land
• Trespass
• Burden of proof
• Appellate review
• Expert evidence

Read case analysis

Amokumah Vrs Kum and Another (A1/03/2022)

Amokumah Vrs Kum and Another (A1/03/2022) [2024] GHAHC 14 (22 April 2024)

Court

ghahc

High Court appeal over whether land and House No. KK66 were the deceased husband’s self-acquired property or family land; appeal dismissed.

• Family property
• Self-acquired property
• Burden of proof
• Capacity to sue
• Intestate succession
• Appellate review

Read case analysis

ARMAR VSRS ADU (J4/18/2023)

ARMAR VSRS ADU (J4/18/2023) [2024] GHASC 32 (17 April 2024)

Court

ghasc

Supreme Court land appeal dismissed after finding the parties claimed different parcels. The Court upheld judgment for the Plaintiff and dismissed the Defendants’ counterclaim.

• Title to land
• Identity of land
• Expert evidence
• Adverse possession
• Appellate review
• Land-law

Read case analysis

ANSU VRS MENSAH (C12/010/2023)

ANSU VRS MENSAH (C12/010/2023) [2024] GHAHC 185 (26 March 2024)

Court

ghahc

High Court appeal over a boundary trespass dispute was dismissed. The court upheld the District Court’s findings, relying on the evidence and locus inspection report.

• Boundary dispute
• Trespass
• Declaration of title
• Burden of proof
• Appellate review
• Boundary-dispute

Read case analysis

Makab Company Ltd Vrs Bragha Construction Ltd

Makab Company Ltd Vrs Bragha Construction Ltd [2023] GHASC 9 (22 February 2023)

Court

Supreme Court

The Supreme Court (majority) held that the trial court's award of damages was within jurisdiction and appropriate given the circumstances, as specific performance was not feasible due to third party interests. The appellate court erred by substituting its discretion for that of the trial court and awarding damages based on current market value without sufficient evidentiary basis. However, the trial court's damages were increased to adequately compensate the plaintiff for the defendant's breach and conduct.

Source excerpt

• Breach of contract
• Damages
• Specific performance
• Constructive trust
• Restitution
• Measure of damages

Read case analysis

Takyi & Anor Vrs Wireko & Anor

Takyi & Anor Vrs Wireko & Anor [2022] GHASC 31 (14 December 2022)

Court

Supreme Court

The Appellants' action was statute barred, having been filed over twenty-five years after they became aware of the Respondents' adverse claim. The evidence overwhelmingly supported the Respondents' case that the transaction was a sale, not a pledge, and the Appellants and their predecessors acquiesced in the Respondents' ownership for decades. No error of law or fact was committed by the lower courts.

Source excerpt

• Limitation of actions
• Laches and acquiescence
• Title to land
• Sale vs. pledge of property
• Appellate review

Read case analysis

The Republic Vrs Teye & Another

The Republic Vrs Teye & Another [2022] GHAHC 98 (17 November 2022)

Court

High Court

The trial judge's finding that the confession was disproved by the respondent's denial under cross-examination was not supported by the evidence. The confession was voluntary, admitted without objection, and corroborated by the victim's testimony. The prosecution proved all elements of human trafficking beyond reasonable doubt. The acquittal and discharge were erroneous and are reversed.

Source excerpt

• Human trafficking
• Confession evidence
• Appellate review

Read case analysis

KLU VRS AMOCAD (H1/166/2021)

KLU VRS AMOCAD (H1/166/2021) [2022] GHACA 123 (20 October 2022)

Court

Court of Appeal

Case number

H1/166/2021

The trial judge exercised discretion judicially and correctly based on the affidavit evidence and circumstances; the appellant failed to establish that the lower court applied wrong principles or reached a wrong conclusion, and the appeal did not warrant interference with the lower court's discretion.

Source excerpt

• Interlocutory injunction
• Judicial discretion
• Appellate review

Read case analysis

Nyarko Vrsbarclays Bank Ghana Ltd.

Nyarko Vrsbarclays Bank Ghana Ltd. [2021] GHASC 184 (10 November 2021)

Court

Supreme Court

Supreme Court held there was a valid contract for uniforms, but the respondent failed to strictly prove special damages. It awarded GH¢180,000 general damages.

• Breach of contract
• Special damages
• General damages
• Standard of proof
• Appellate review
• Breach-of-contract

Read case analysis

AMANKWAH VRS. REPUBLIC (J3/04/2019)

AMANKWAH VRS. REPUBLIC (J3/04/2019) [2021] GHASC 199 (21 July 2021)

Court

Supreme Court

Case number

J3/04/2019

The Supreme Court upheld Kingsley Amankwah’s convictions for conspiracy to commit robbery and robbery, but reduced his sentence from 65 years to 45 years.

• Conspiracy
• Robbery
• Sentencing
• Standard of proof
• Appellate review
• Criminal-law

Read case analysis