Ghana Case Law

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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OCANSEY & ORS VRS FIANKO-AWUKU & 3 ORS (J4/73/2023)

OCANSEY & ORS VRS FIANKO-AWUKU & 3 ORS (J4/73/2023) [2024] GHASC 50 (13 November 2024)

Court

ghasc

The Court of Appeal, fully constituted, had jurisdiction and discretion to reverse the substitution of Gladys Nartey for Charles Fiifi Ocansey, as her submissions were adverse to the interests of the party substituted and the plaintiffs' case. No statutory time limit barred the reversal, and the Single Justice's order was not binding on the full court. The appeal lacked merit and was dismissed.

Source excerpt

• Substitution of parties
• Powers of single justice
• Probate
• Appeals
• Reasonable time for applications

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AKAKPO AND ANOTHER VRS. AKAKPO AND ANOTHER

AKAKPO AND ANOTHER VRS. AKAKPO AND ANOTHER [2024] GHAHC 109 (7 March 2024)

Court

ghahc

The High Court refused an interlocutory application to strike out the 1st plaintiff for lack of capacity, holding the issue should be determined at trial.

• Capacity to sue
• Validity of will
• Substitution of parties
• Capacity-to-sue
• Probate
• Will-validity

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TEYE VRS KWAME (A2/03/2021)

TEYE VRS KWAME (A2/03/2021) [2024] GHADC 132 (9 January 2024)

Court

ghadc

The District Court at Somanya held that the plaintiff proved a claim for GH¢18,855 advanced for construction, and awarded costs of GH¢1,000.

• Debt recovery
• Substitution of parties
• Burden of proof
• Debt-recovery
• Burden-of-proof
• Substitution-of-parties

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

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

Court

High Court

Case number

PA /256/2019

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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SHAIBU VRS BANAHENE (A1/14/17)

SHAIBU VRS BANAHENE (A1/14/17) [2023] GHADC 1048 (14 November 2023)

Court

District Court

Case number

A1/14/17

The District Court at Somanya granted an application to substitute the deceased plaintiff, holding that the case should proceed without further delay.

• Substitution of parties
• Capacity to sue
• Land ownership
• Civil-procedure
• Substitution-of-parties
• Capacity-to-sue

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Gagba Vrs Kabila And 3 Others (E1/25/2021)

Gagba Vrs Kabila And 3 Others (E1/25/2021) [2023] GHAHC 654 (2 November 2023)

Court

High Court

Case number

E1/25/2021

The High Court at Denu refused to deliver judgment and ordered a fresh trial after finding serious procedural irregularities, including non-substitution of a deceased defendant.

• Substitution of parties
• Procedural irregularities
• Default judgment
• Fresh trial
• Civil-procedure
• Substitution-of-parties

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ALBERT OCANSEY & 2ORS VS F.F. FIANKO - AWUKU (H3/209/2023)

ALBERT OCANSEY & 2ORS VS F.F. FIANKO - AWUKU (H3/209/2023) [2023] GHACA 85 (15 March 2023)

Court

ghaca

The Court of Appeal set aside an earlier substitution order after finding the substituted plaintiff had interests adverse to the beneficiaries and plaintiffs in the appeal.

• Substitution of parties
• Intestate succession
• Beneficiary rights
• Adverse interest
• Substitution-of-parties
• Adverse-interest

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FELICIA ODEY NUNOO VRS ISAAC TAWIAH (C1/155/08)

FELICIA ODEY NUNOO VRS ISAAC TAWIAH (C1/155/08) [2023] GHACC 559 (9 March 2023)

Court

Circuit Court

Case number

C1/155/08

The Circuit Court in Accra dismissed a motion to dismiss for lack of capacity, no reasonable cause of action, and abuse of process, awarding costs against the applicant.

• Capacity to sue
• Cause of action
• Abuse of process
• Letters of administration
• Substitution of parties
• Capacity-to-sue

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