Ghana Case Law: Decisions & Judgments | LexChat

Ghana Case Law

Right to fair hearing
  • 26 Feb 2025

    SOFTTRIBE GHANA LIMITED VRS THE AUDITOR-GENERAL (J4/54/2023) [2025] GHASC 11 (26 February 2025)

    Citation
    [2025] GHASC 11
    Court
    Supreme Court
    Case number
    J4/54/2023

    The Supreme Court held that the Auditor-General is constitutionally required to give a hearing to any person, including private entities, who will be directly affected by a disallowance or surcharge under Article 187(7). The right to administrative justice under Article 23 and the right to seek redress under Article 33 are not ousted by the statutory appeal process in Article 187(9). The powers of disallowance and surcharge extend to private persons where wrongdoing, negligence, or misconduct is established. Failure to accord a hearing renders the disallowance a nullity and subject to certior…

    • Disallowance and surcharge
    • Right to fair hearing
    • Administrative justice
    • Judicial review
    • Remedies for breach of constitutional rights
  • 13 Jul 2022

    CHORO-PADOH VRS. INSPECTOR GENERAL OF POLICE AND ANOTHER (J4/32/2022) [2022] GHASC 112 (13 July 2022)

    Citation
    [2022] GHASC 112
    Court
    Supreme Court
    Case number
    J4/32/2022

    The Supreme Court held that the Regional Disciplinary Board had jurisdiction to conduct disciplinary proceedings and recommend dismissal for the appellant, a constable, and that the Central Disciplinary Board's approval of the penalty was sufficient under the Regulations. There was no requirement for a fresh hearing by the Central Board, and the appellant's right to a fair hearing was not breached. The subsequent re-arrest of escapees was only relevant for mitigation, not exculpation. The appeal was dismissed as without merit.

    • Police disciplinary procedure
    • Unlawful dismissal
    • Right to fair hearing
    • Judicial review of administrative action
  • 24 Jun 2021

    ASOGBA VRS BOTWE II & ANOTHER (HI/92/2021) [2021] GHACA 37 (24 June 2021)

    Citation
    [2021] GHACA 37
    Court
    Court of Appeal
    Case number
    HI/92/2021

    Appeal allowed; interlocutory default judgment set aside; land dispute remitted for trial on the merits.

    • Setting aside default judgment
    • Title to land
    • Substituted service
    • Right to fair hearing
    • Default-judgment
    • Setting-aside-judgment