Ghana Case Law

Tweneboah and Another v S (CR/0279/2024)

Tweneboah and Another v S (CR/0279/2024) [2025] GHAHC 141 (11 June 2025)

Court

High Court

Case number

CR/0279/2024

The trial judge erred in imposing a higher sentence on the appellant for stealing based on an unsupported finding that he was the instigator; both accused played equal roles, so sentences should be even. The sentence for stealing is reduced to five years to match the other counts, all to run concurrently.

Source excerpt

• Conspiracy to commit offence
• Stealing
• Unlawful entry
• Causing unlawful damage
• Sentencing
• Judicial discretion

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Amanquah v S (CR/0457/2024)

Amanquah v S (CR/0457/2024) [2025] GHAHC 131 (6 February 2025)

Court

High Court

Case number

CR/0457/2024

The appellant's explanation did not disclose a defence and amounted to an admission of the offence; the guilty plea was voluntary and unambiguous. The sentence, though within statutory limits, was reduced to seven years in view of mitigating factors including partial restitution and first offender status.

Source excerpt

• Defrauding by false pretences
• Sentencing
• Plea of guilty with explanation
• Judicial discretion

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REPUBLIC VRS. DISTRICT MAGISTRATE COURT AKROPONGEX-PARTE: SETH , INTERESTED PARTY OTENG (GJ10/12/2025)

REPUBLIC VRS. DISTRICT MAGISTRATE COURT AKROPONGEX-PARTE: SETH , INTERESTED PARTY OTENG (GJ10/12/2025) [2025] GHAHC 62 (6 February 2025)

Court

High Court

Case number

GJ10/12/2025

The Applicant did not utilize the opportunity to be heard before the Rent Officer and did not request the Magistrate to re-open the matter; thus, there was no violation of natural justice and no merit in the application for certiorari.

Source excerpt

• Certiorari
• Natural justice
• Rent control
• Judicial discretion

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Atta v S (CR/0075/2024)

Atta v S (CR/0075/2024) [2024] GHAHC 540 (12 December 2024)

Court

High Court

Case number

CR/0075/2024

The sentence of fifteen years was within the statutory limits, but considering the mitigating and aggravating factors, a sentence of twelve years is appropriate.

Source excerpt

• Defilement
• Sentencing
• Judicial discretion
• Appeal against sentence

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AMAPH V AMOABENG & ANOR (A1/01/2024)

AMAPH V AMOABENG & ANOR (A1/01/2024) [2024] GHADC 520 (14 October 2024)

Court

District Court

Case number

A1/01/2024

The District Court dismissed an application to stay execution pending appeal, holding that no exceptional circumstances were shown and hardship favoured the respondents.

• Stay of execution
• Appeal
• Judicial discretion
• Costs
• Stay-of-execution
• Pending-appeal

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THE REPUBLIC VRS OPUNI (J3/01/2024)

THE REPUBLIC VRS OPUNI (J3/01/2024) [2024] GHASC 37 (19 June 2024)

Court

ghasc

De novo trials in criminal cases upon judicial reassignment are not mandatory; the decision to adopt prior proceedings or start afresh is a matter of judicial discretion, to be exercised in accordance with established legal principles, policy considerations, and the Practice Directions of 2024. The trial judge's exercise of discretion in this case was arbitrary and uninformed, warranting appellate interference. The Court of Appeal was correct to set aside the order for a de novo trial and direct adoption of proceedings.

Source excerpt

• De novo trial
• Judicial discretion
• Adoption of proceedings
• Practice direction
• Appeal
• Witness demeanour

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REPUBLIC VRS AKANTOGE

REPUBLIC VRS AKANTOGE [2024] GHAHC 234 (19 January 2024)

Court

ghahc

The trial Circuit Court erred in law by imposing a fine for the offence of causing harm, a second degree felony, as the law requires a custodial sentence not exceeding 10 years. The appellate court substituted the sentence with a term of imprisonment in accordance with the statutory requirement.

Source excerpt

• Sentencing
• Assault
• Causing harm
• Judicial discretion

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REPUBLIC VRS AKANTOGE (C16/076/23)

REPUBLIC VRS AKANTOGE (C16/076/23) [2024] GHAHC 235 (19 January 2024)

Court

ghahc

The High Court held that a fine was unlawful for causing harm, a second-degree felony, and substituted the sentence with 3 months’ imprisonment.

• Sentencing
• Causing harm
• Assault
• Second degree felony
• Judicial discretion
• Criminal-law

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Republic Vrs Eunice Adu & Anor.

Republic Vrs Eunice Adu & Anor. [2023] GHACC 548 (17 May 2023)

Court

Circuit Court

The judge exercised discretion to adopt the previous proceedings rather than start the trial denovo, as permitted by precedent and judicial advice, and ordered the 1st accused to open her defence in the Ashaiman Circuit Court.

Source excerpt

• Jurisdiction
• Adoption of proceedings
• Denovo trial
• Judicial discretion

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Isaac Owusu Ampofof -vrs-obak Automobiles Ltd.

Isaac Owusu Ampofof -vrs-obak Automobiles Ltd. [2023] GHACA 55 (19 January 2023)

Court

Court of Appeal

Glico Group Ltd is a necessary party because there are triable issues between it and the appellant regarding ownership and transfer of the disputed buses, and its presence is required for the court to grant effective relief and avoid multiplicity of suits. The lower court erred in refusing the joinder application, and judicial discretion should have been exercised to allow the joinder.

Source excerpt

• Joinder of parties
• Judicial discretion
• Multiplicity of suits
• Necessary parties

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