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Ghana Case Law

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Succession law DODU VRS. DONKOR (A11/110/23) [2024] GHADC 547 (12 December 2024)

DODU VRS. DONKOR (A11/110/23)

DODU VRS. DONKOR (A11/110/23) [2024] GHADC 547 (12 December 2024)

Court
ghadc

Defendant failed to prove she was customarily married to the deceased or cohabited as wife; evidence showed she was not a spouse and not entitled to Letters of Administration. Defendant obtained the grant by misrepresentation and concealment, amounting to fraud. Plaintiff, as surviving brother and family head, is entitled to the grant.

Source excerpt

  • Intestate succession
  • Letters of administration
  • Customary marriage
  • Fraud on the court
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Land law [2023] GHASC 101

LOMOTEY & ANOR VRS RICHARDSON & 3 ORS (J7/21/2022)

LOMOTEY & ANOR VRS RICHARDSON & 3 ORS (J7/21/2022) [2023] GHASC 101 (17 January 2023)

Court
Supreme Court
Case number
J7/21/2022

The majority held that the Applicants failed to establish exceptional circumstances resulting in a miscarriage of justice as required for review under Article 133 and Rule 54(a) of C.I. 16. Even if there was an error regarding the Co-Defendant's capacity, it did not occasion a miscarriage of justice because the evidence and title would have been resolved in favor of the Numo Kofi Anum family regardless. The Supreme Court was not strictly bound by its previous decision in the Tesa case and was entitled to depart for stated reasons. The Applicants' claims for possessory interests and protection…

Source excerpt

  • Capacity to sue
  • Review jurisdiction
  • Limitation of actions
  • Laches and acquiescence
  • Fraud on the court
  • Possessory interests
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Civil procedure [2021] GHASC 84

Ofori Vrs Ecobank Ghana and Others

Ofori Vrs Ecobank Ghana and Others [2021] GHASC 84 (13 July 2021)

Court
Supreme Court

The majority held that the application was misconceived and an abuse of process because the Supreme Court Rules provided a specific procedure for review and adducing fresh evidence, which the applicant had already used and exhausted. The alleged new evidence was not truly new, was not relevant to the issues determined in the appeal, and the respondent's conduct in collecting dividends was lawful under binding judgments pending appeal. There was no unfair procedure or injustice warranting invocation of inherent jurisdiction.

Source excerpt

  • Inherent jurisdiction
  • Review of judgments
  • Fresh evidence on appeal
  • Finality of litigation
  • Fraud on the court
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Civil procedure [2021] GHASC 134

Ofori Vrs Ecobank Ghana Limited & 2 Ors

Ofori Vrs Ecobank Ghana Limited & 2 Ors [2021] GHASC 134 (13 July 2021)

Court
Supreme Court

The majority held that the application was misconceived and an abuse of process because the Supreme Court's rules already provide for review and adducing new evidence, which the applicant had previously invoked and exhausted; the alleged new evidence was not relevant to the issues determined in the appeal, and the conduct of the plaintiff in receiving dividends was lawful under the binding judgments at the time. The inherent jurisdiction of the court could not be invoked to circumvent express procedural rules or to re-litigate matters already settled.

Source excerpt

  • Inherent jurisdiction
  • Finality of judgments
  • Fresh evidence on appeal
  • Abuse of process
  • Dividends and share ownership
  • Fraud on the court
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.