Ghana Case Law

Republic Vrs. Mawusi (F16/18/2024)

Republic Vrs. Mawusi (F16/18/2024) [2024] GHAHC 319 (24 May 2024)

Court

ghahc

The applicant is not a flight risk, there is no evidence or submission from the prosecution to suggest he will abscond, interfere with witnesses, or hamper investigations, and the constitutional and statutory principles require bail to be granted in the absence of such risks. The application is granted as the applicant is likely to appear for trial.

Source excerpt

• Bail
• Presumption of innocence
• Discretion of court
• Murder
• Use of offensive weapon

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Jeskid Ventures Vrs Mobile Money Limited

Jeskid Ventures Vrs Mobile Money Limited [2023] GHACC 544 (20 April 2023)

Court

Circuit Court

The Circuit Court at Ashaiman dismissed a request to transfer a civil suit to Accra, holding that it had jurisdiction because both courts are within Greater Accra.

• Jurisdiction
• Venue
• Transfer of suit
• Discretion of court
• Civil-procedure
• Transfer-of-suit

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Kwakye Vrs Anyan and Another

Kwakye Vrs Anyan and Another [2023] GHAHC 106 (16 March 2023)

Court

High Court

Plaintiff’s application is competent as failure to specify the precise amendment does not render it incompetent. Amendments (i) and (ii) are allowed as they meet the legal test; amendments (iii), (iv), (vii), paragraphs 17, 18, 20, 21, 23, and 24 are disallowed as they would cause surprise, are irrelevant, unnecessary, or would introduce new parties.

Source excerpt

• Amendment of pleadings
• Discretion of court
• Estate matters

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Sarah Baffoe Vrs Joseph Mensah

Sarah Baffoe Vrs Joseph Mensah [2023] GHACC 18 (23 February 2023)

Court

Circuit Court

The Circuit Court dismissed an application to recall witnesses, holding that no exceptional circumstances justified the request after multiple opportunities to cross-examine.

• Recall of witnesses
• Adjournment
• Discretion of court
• Cross-examination
• Recall-of-witnesses
• Civil-procedure

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Alhaji Ismail Abubakar -vrs- Enoch Francis Annan Tetteh

Alhaji Ismail Abubakar -vrs- Enoch Francis Annan Tetteh [2023] GHACA 64 (22 February 2023)

Court

ghaca

The Court of Appeal dismissed an interlocutory appeal against an injunction, holding the trial judge exercised discretion properly and the defendant showed no reviewable error.

• Interlocutory injunction
• Discretion of court
• Balance of convenience
• Legal and equitable rights
• Appeal grounds
• Interlocutory-injunction

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KING ODAIFIO WELENTSI II & ANOTHER -VRS DAVID MENSAH QAUAYE & ANOTHER

KING ODAIFIO WELENTSI II & ANOTHER -VRS DAVID MENSAH QAUAYE & ANOTHER [2023] GHACA 100 (26 January 2023)

Court

Court of Appeal

The Court of Appeal set aside a partial injunction that allowed lintel-level buildings to continue on disputed Nungua land, holding the trial court misapplied injunction principles.

• Interim injunction
• Discretion of court
• Balance of convenience
• Status quo
• Counterclaim
• Interim-injunction

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Sarah Baffoe Vrs Joseph Mensah

Sarah Baffoe Vrs Joseph Mensah [2022] GHACC 49 (12 December 2022)

Court

Circuit Court

The Respondent and counsel were given ample opportunities to cross-examine witnesses, and their absence was not justified by exceptional circumstances. The application to recall witnesses does not meet the threshold for exercise of the court's discretion.

Source excerpt

• Recall of witnesses
• Adjournment
• Discretion of court

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Venatius Amanyo & Anor. Vrs Jonathan Tetteh & Anor.

Venatius Amanyo & Anor. Vrs Jonathan Tetteh & Anor. [2022] GHACC 280 (16 November 2022)

Court

ghacc

The Circuit Court granted leave to amend the plaintiffs’ statement of claim in a land dispute, finding the amendment would help determine the real issue in controversy.

• Amendment of pleadings
• Discretion of court
• Costs
• Amendment-of-pleadings
• Civil-procedure
• Land-dispute

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Ventius Amanyo & Anor. Vrs Jonathan Tetteh & Anor.

Ventius Amanyo & Anor. Vrs Jonathan Tetteh & Anor. [2022] GHACC 284 (16 November 2022)

Court

ghacc

The Circuit Court granted leave to amend the statement of claim in a land dispute, finding the amendment would help determine the real issues in controversy.

• Amendment of pleadings
• Discretion of court
• Costs
• Civil-procedure
• Amendment-of-pleadings
• Land-dispute

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ADOMSON VRS MENSAH (C11/08/18)

ADOMSON VRS MENSAH (C11/08/18) [2018] GHACC 1 (11 December 2018)

Court

Circuit Court

Case number

C11/08/18

The Circuit Court partly allowed amendment of pleadings, permitting a clearer land description but refusing new reliefs that would change the case and prejudice the defendants.

• Amendment of pleadings
• Discretion of court
• Description of land
• Relief endorsement
• Amendment-of-pleadings
• Civil-procedure

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