Ghana Case Law

Charway v Kodia (J4/81/2024)

Charway v Kodia (J4/81/2024) [2025] GHASC 19 (19 March 2025)

Court

Supreme Court

Case number

J4/81/2024

The Plaintiff failed to prove by cogent and credible evidence that he had capacity to sue on behalf of the family. The statutory declaration relied upon contradicted his oral evidence and that of his witness regarding the headship of the family. There were material inconsistencies in the identification of the family represented. The Court of Appeal erred in reversing the trial court's finding on capacity. The requirement to serve the writ on the head of family is not a nullity but an irregularity; however, the Plaintiff's case failed on the threshold issue of capacity and family identity.

Source excerpt

• Capacity to sue
• Family representation
• Pleadings
• Land ownership
• Case management

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Adrianus v Nartey and Another (J4/69/2023)

Adrianus v Nartey and Another (J4/69/2023) [2025] GHASC 14 (19 March 2025)

Court

Supreme Court

Case number

J4/69/2023

The Supreme Court found that the Respondent's capacity to sue was not in doubt, the power of attorney was validly executed in Ghana, and the Appellant's documents purporting to transfer the property were fraudulent, particularly the letter of consent which was found to be forged. The concurrent findings of the lower courts were not perverse or erroneous, and the appeal failed on all grounds. However, the Respondent was ordered to refund £10,000 to the Appellant, representing reimbursement for payment made to a third party during the underlying transaction.

Source excerpt

• Capacity to sue
• Power of attorney
• Fraud
• Forgery
• Land ownership
• Declaratory relief

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BOADI VRS. AWERE AND ANOTHER (A2/09/2023)

BOADI VRS. AWERE AND ANOTHER (A2/09/2023) [2025] GHACC 11 (28 February 2025)

Court

Circuit Court

Case number

A2/09/2023

The Circuit Court partly allowed a farmland dispute claim, ordering refund of the purchase price, litigation costs, general damages, and costs.

• Breach of contract
• Misrepresentation
• Land ownership
• Burden of proof
• Damages
• Land-law

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KIDIDAN VRS KUNO (NR/DC/WUL/A1/3/24)

KIDIDAN VRS KUNO (NR/DC/WUL/A1/3/24) [2024] GHADC 455 (16 September 2024)

Court

ghadc

The District Court at Wulensi held that a valid customary arbitration before the Chief of Balai established the Plaintiff’s title to the disputed land.

• Customary arbitration
• Estoppel
• Land ownership
• Trespass
• Customary-arbitration
• Land-ownership

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NORTH EASTERN MISSION FIELD VRS ARAFAT YASSER (NR/BB/DC/A1/04/2024)

NORTH EASTERN MISSION FIELD VRS ARAFAT YASSER (NR/BB/DC/A1/04/2024) [2024] GHADC 417 (2 September 2024)

Court

ghadc

The court held that the disputed 15 plots belonged to the church, rejected the defendant’s claim to four plots, and ordered vacant possession, injunction, and costs.

• Land ownership
• Burden of proof
• Counterclaim
• Customary land law
• Stamp duty
• Land-ownership

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BOBIE VRS. OWUSU (BR.KS/A11/24/2024)

BOBIE VRS. OWUSU (BR.KS/A11/24/2024) [2024] GHADC 459 (13 August 2024)

Court

ghadc

The District Court at Kenyasi held that a disputed structure formed part of a shared speculative-structure allocation and ordered removal of the embargo.

• Burden of proof
• Compensation
• Injunction
• Damages
• Land ownership
• Burden-of-proof

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DANQUAH VRS AMOAH (A1/35/2019)

DANQUAH VRS AMOAH (A1/35/2019) [2024] GHADC 289 (30 July 2024)

Court

ghadc

The deceased husband’s unilateral sale of half the jointly owned property severed the joint tenancy, creating a tenancy in common. The sale was valid for his portion, entitling Felicia Amoah to half the plot. Reliefs for compensation and damages were not proven and are denied.

Source excerpt

• Joint tenancy
• Tenancy in common
• Counterclaim
• Land ownership
• Alienation of property

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ACHIAA VRS AGYEIWAA (A1/16/2024)

ACHIAA VRS AGYEIWAA (A1/16/2024) [2024] GHADC 365 (24 July 2024)

Court

ghadc

The District Court at Kintampo held that the defendant had transferred the entire disputed plot to the plaintiff, and any later transfer was void.

• Land ownership
• Transfer of property
• Declaratory relief
• Evidentiary burden
• Land-ownership
• Property-transfer

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ACHIAA VRS AGYEIWAA (A1/16/2024)

ACHIAA VRS AGYEIWAA (A1/16/2024) [2024] GHADC 473 (24 July 2024)

Court

ghadc

The court held that the defendant transferred the whole disputed plot to the plaintiff and could not later transfer it to others. Plaintiff won ownership and costs.

• Land ownership
• Transfer of property
• Evidentiary burden
• Declaratory relief
• Land-ownership
• Transfer-of-property

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AMPOMAH VRS OPPONG (A1/07/2023)

AMPOMAH VRS OPPONG (A1/07/2023) [2024] GHADC 329 (22 July 2024)

Court

ghadc

The District Court at Agogo awarded title to plot 110 block 2 and a four-bedroom boys quarters to the 1st plaintiff, and granted a perpetual injunction.

• Declaration of title
• Injunction
• Land ownership
• Burden of proof
• Declaration-of-title
• Land-ownership

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