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Ghana Case Law

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Criminal law BENJAMIN ZIGAH VRS THE REPUBLIC (D15/03/2023) [2024] GHAHC 403 (16 October 2024)

BENJAMIN ZIGAH VRS THE REPUBLIC (D15/03/2023)

BENJAMIN ZIGAH VRS THE REPUBLIC (D15/03/2023) [2024] GHAHC 403 (16 October 2024)

The High Court allowed a criminal appeal against sentence, reducing concurrent custodial terms after finding the trial court had not properly considered mitigation.

  • Sentencing
  • Mitigating and aggravating factors
  • Appeal procedure
  • Criminal-appeal
  • Mitigation
  • Guilty-plea
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Criminal law EBENEZER HAVOR VRS THE REPUBLIC (d16/07/2019) [2024] GHAHC 404 (16 October 2024)

EBENEZER HAVOR VRS THE REPUBLIC (d16/07/2019)

EBENEZER HAVOR VRS THE REPUBLIC (d16/07/2019) [2024] GHAHC 404 (16 October 2024)

High Court appeal set aside a defilement conviction after holding that the prosecution failed to prove the victim’s age, a crucial element of the offence.

  • Defilement
  • Burden of proof
  • Appeal procedure
  • Conviction on plea
  • Age as ingredient of offence
  • Criminal-appeal
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Criminal law AKOLBILA VRS REPUBLIC. (UE/BG/HC1 /D15/07/2024) [2024] GHAHC 373 (8 July 2024)

AKOLBILA VRS REPUBLIC. (UE/BG/HC1 /D15/07/2024)

AKOLBILA VRS REPUBLIC. (UE/BG/HC1 /D15/07/2024) [2024] GHAHC 373 (8 July 2024)

The High Court reduced a criminal sentence after finding the trial court’s 5- and 7-year terms harsh, substituting 3 and 4 years to run concurrently.

  • Sentencing
  • Mitigation
  • Conspiracy
  • Stealing
  • Appeal procedure
  • Criminal-sentencing
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Criminal law COMMEY VRS. REPUBLIC (CR/0750/2021) [2024] GHAHC 258 (4 July 2024)

COMMEY VRS. REPUBLIC (CR/0750/2021)

COMMEY VRS. REPUBLIC (CR/0750/2021) [2024] GHAHC 258 (4 July 2024)

Ghana High Court partially allowed an appeal against sentence, reducing concurrent robbery sentences from 20 years to 17 years after finding an offensive weapon was used.

  • Robbery
  • Conspiracy
  • Sentencing
  • Appeal procedure
  • Criminal-sentencing
  • Sentence-appeal
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Criminal law USMAIN AND VRS. REPUBLIC (CR/0383/2023) [2024] GHAHC 276 (26 June 2024)

USMAIN AND VRS. REPUBLIC (CR/0383/2023)

USMAIN AND VRS. REPUBLIC (CR/0383/2023) [2024] GHAHC 276 (26 June 2024)

The prosecution proved beyond reasonable doubt that the appellant was not the owner of the silos, appropriated them dishonestly, and conspired to steal and cause unlawful damage. The evidence did not support conviction on count five. The sentences imposed were within statutory limits but should be mitigated due to youthfulness and partial recovery of property.

  • Conspiracy
  • Stealing
  • Dishonestly receiving
  • Causing unlawful damage
  • Sentencing
  • Appeal procedure
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Criminal law ADAMA VRS REPUBLIC (D15/05/2024) [2024] GHAHC 92 (23 May 2024)

ADAMA VRS REPUBLIC (D15/05/2024)

ADAMA VRS REPUBLIC (D15/05/2024) [2024] GHAHC 92 (23 May 2024)

The High Court varied an eight-month sentence for fraudulent breach of trust, finding the trial court failed to consider mitigation and imposing a fine instead.

  • Sentencing
  • Fraudulent breach of trust
  • Mitigating factors
  • Appeal procedure
  • Criminal-sentencing
  • Sentencing-appeals
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Criminal law REPUBLIC VRS. LIST (CR /0329/2023) [2024] GHAHC 279 (24 April 2024)

REPUBLIC VRS. LIST (CR /0329/2023)

REPUBLIC VRS. LIST (CR /0329/2023) [2024] GHAHC 279 (24 April 2024)

The prosecution failed to prove the essential elements of threat of death, as the evidence was open to both harm and death, and there was no evidence the complainant was put in fear of death. The trial judge erred in calling the accused to open his defence as a prima facie case was not established.

  • Threat of death
  • Burden of proof
  • Prima facie case
  • Submission of no case
  • Appeal procedure
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Criminal law NSUBE AND OTHERS VRS. REPUBLIC (CR/0040/2024) [2024] GHAHC 256 (27 March 2024)

NSUBE AND OTHERS VRS. REPUBLIC (CR/0040/2024)

NSUBE AND OTHERS VRS. REPUBLIC (CR/0040/2024) [2024] GHAHC 256 (27 March 2024)

The sentences imposed were the statutory minimum for robbery; the appellants' guilty pleas, remorse, and age did not warrant reduction; no miscarriage of justice occurred; appeal against sentence is dismissed.

  • Sentencing
  • Robbery
  • Conspiracy
  • Appeal procedure
  • Mitigating factors
  • Legal representation
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Civil procedure Gordor And 2 Others Vrs Torvor (C1/08/2024) [2024] GHAHC 248 (20 March 2024)

Gordor And 2 Others Vrs Torvor (C1/08/2024)

Gordor And 2 Others Vrs Torvor (C1/08/2024) [2024] GHAHC 248 (20 March 2024)

The ruling dated 22/11/2021 is not executable as it merely recognizes prior judgments and dismisses the suit for abuse of process; therefore, the application for stay of execution is misconceived and must be struck out.

  • Stay of execution
  • Abuse of process
  • Previous judgments
  • Appeal procedure
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Civil procedure [2023] GHAHC 520

BELLO AND ANOTHER VRS. ALAKE (PA /256/2019)

BELLO AND ANOTHER VRS. ALAKE (PA /256/2019) [2023] GHAHC 520 (29 November 2023)

The High Court set aside a stay of execution after finding the plaintiffs had not diligently pursued the appeal and had delayed substitution of a deceased party.

  • Stay of execution
  • Appeal procedure
  • Substitution of parties
  • Stay-of-execution
  • Appeal-procedure
  • Substitution-of-parties
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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.