Ghana Case Law

Jebuni and Another and Badingu v Mwinibankuro and Another (J8/81/2025)

Jebuni and Another and Badingu v Mwinibankuro and Another (J8/81/2025) [2025] GHASC 46 (23 July 2025)

Court

Supreme Court

Case number

J8/81/2025

The majority held that, despite the application being out of time under Rule 7(1) of C.I. 16, the Supreme Court has discretion under Article 131(2) of the Constitution to grant special leave to appeal in the interest of justice, particularly where there is a prima facie error or important legal issue. The application was granted as exceptional circumstances existed. The dissent held that Article 131(2) does not empower the Supreme Court to grant special leave in chieftaincy matters from the National House of Chiefs, and the application was incurably out of time and should be dismissed.

Source excerpt

• Appeals
• Leave to appeal
• Extension of time
• Jurisdiction
• Chieftaincy disputes

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Mireku v Volta Ghana Investment Ltd. and Others (C1/36/2023)

Mireku v Volta Ghana Investment Ltd. and Others (C1/36/2023) [2025] GHAHC 113 (18 July 2025)

Court

High Court

Case number

C1/36/2023

Jurisdiction is only invoked upon valid service; since the 7th Defendant was never served and was deceased before joinder, the court lacked jurisdiction and any substitution or proceedings against him are nullities. The application to strike out the 7th Defendant succeeds.

Source excerpt

• Service of process
• Substitution of parties
• Jurisdiction
• Discontinuance

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Mireku v Volta Ghana Investment Ltd. and Others (C1/36/2023)

Mireku v Volta Ghana Investment Ltd. and Others (C1/36/2023) [2025] GHAHC 158 (18 July 2025)

Court

High Court

Case number

C1/36/2023

The court lacked jurisdiction over the 7th Defendant as he was deceased before joinder and was never served; therefore, all proceedings and substitution relating to him are nullities and the application to strike out the 7th Defendant succeeds.

Source excerpt

• Service of process
• Substitution of parties
• Jurisdiction
• Discontinuance

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Republic v High Court and Another (J5/40/2024)

Republic v High Court and Another (J5/40/2024) [2025] GHASC 43 (25 June 2025)

Court

Supreme Court

Case number

J5/40/2024

The High Court acted in excess of jurisdiction by granting interlocutory judgment for declaratory, injunctive, and damages reliefs in default of defence to counterclaim without trial and evidence, contrary to settled law.

Source excerpt

• Certiorari
• Interlocutory judgment
• Declaratory reliefs
• Jurisdiction
• Default judgment

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Boadi and Another and Another v Addo (J4/52/2020)

Boadi and Another and Another v Addo (J4/52/2020) [2025] GHASC 42 (11 June 2025)

Court

Supreme Court

Case number

J4/52/2020

The Supreme Court held that the Kadehene and his elders, as a customary arbitral panel, lacked jurisdiction to apply PNDC Law 111 to redistribute the estate of Opanin Kwaku Boadi, who died intestate in 1962. The estate had already vested in the family under customary law, and the application of statutory law by the panel was ultra vires and void. The purported redistribution was contrary to established customary law and thus invalid.

Source excerpt

• Intestate succession
• Customary arbitration
• Jurisdiction
• Matrilineal inheritance
• Application of statutory law in customary proceedings

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Naaba Kulga I and Another v Ouedraogo II (CR/HCKO/E12/064/25)

Naaba Kulga I and Another v Ouedraogo II (CR/HCKO/E12/064/25) [2025] GHAHC 153 (4 June 2025)

Court

High Court

Case number

CR/HCKO/E12/064/25

The position of Moshie Chief in the Awutu Traditional Area does not meet the statutory or constitutional definition of a chief, as it is not hereditary, not tied to a particular family or lineage, and is not recorded in the National Register of Chiefs. Therefore, the dispute does not constitute a cause or matter affecting chieftaincy, and the High Court has jurisdiction to hear the case.

Source excerpt

• Jurisdiction
• Chieftaincy disputes
• Definition of chief
• Abuse of process

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Nyanteh v Brooks Assets Management Limited and Another (CM/RPC/0434/2018)

Nyanteh v Brooks Assets Management Limited and Another (CM/RPC/0434/2018) [2025] GHAHC 103 (22 May 2025)

Court

High Court

Case number

CM/RPC/0434/2018

The High Court dismissed an application to amend an entry of judgment after finding the plaintiff had assigned his judgment interest and lacked capacity to apply.

• Amendment of judgment
• Assignment of judgment debt
• Jurisdiction
• Corporate insolvency
• Amendment-of-judgment
• Assignment-of-judgment-debt

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Nyanteh v Brooks Assets Management Limited and Another (CM/RPC/0434/2018)

Nyanteh v Brooks Assets Management Limited and Another (CM/RPC/0434/2018) [2025] GHAHC 95 (22 May 2025)

Court

High Court

Case number

CM/RPC/0434/2018

The High Court in Accra refused an application to amend an entry of judgment, holding that the plaintiff had assigned his judgment rights and lacked capacity to proceed.

• Amendment of judgment
• Assignment of judgment debt
• Jurisdiction
• Corporate insolvency
• Amendment-of-judgment
• Assignment-of-judgment-debt

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REPUBLIC VRS. TETTEVI AND OTHERS (CR/0619/2021)

REPUBLIC VRS. TETTEVI AND OTHERS (CR/0619/2021) [2025] GHAHC 68 (27 March 2025)

Court

High Court

Case number

CR/0619/2021

No real or substantial constitutional issue or ambiguity has arisen in the trial to warrant a reference to the Supreme Court under Article 130(2); the applicant's remedy lies in filing an originating motion before the Supreme Court, not in seeking a reference from the High Court.

Source excerpt

• Prohibited organisations
• Freedom of expression
• Freedom of association
• Constitutional interpretation
• Jurisdiction
• Human rights

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Aboubakar v Martins and Another (J4/54/2023)

Aboubakar v Martins and Another (J4/54/2023) [2025] GHASC 15 (19 March 2025)

Court

Supreme Court

Case number

J4/54/2023

The Supreme Court struck out an appeal for lack of jurisdiction because special leave was required and had not been obtained.

• Jurisdiction
• Stay of execution
• Appeals as of right
• Special leave to appeal
• Stay-of-execution
• Special-leave-to-appeal

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