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GhaLII digitises and publishes the law of Ghana for free access to all, in partnership with the Judicial Service of Ghana.

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GhaLII is a non-profit organisation based in Accra that publishes digital parliamentary, legislative and judicial information from Ghana and ECOWAS. GhaLII's objectives include promotion of access to legal information from Ghana as a fundamental part of the rule of law. GhaLII works in partnership with the Judicial Service of Ghana.

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Recent Judgments

Service on a subordinate secretary does not satisfy s.211; originating processes must be served on the MCE or acting Coordinating Director.
Local Governance Act 2016 (Act 936) s211 – Service on District/Municipal Chief Executive; specific statutory service requirement overrides general procedural rules; service on subordinate/clerical secretary is not proper; where Coordinating Director acts as MCE he must be served personally; non‑service justifies setting aside proceedings.
4 February 2026
Municipal road reservation designation defeats the applicant’s ejectment claim despite historical family allodial title.
Land law — Allodial title v. compulsory acquisition — road reservation/buffer zone — municipal planning control — admissibility and weight of planning documents and official testimony — presumption of regularity (s.37 Evidence Act) — burden to rebut permissions and allegations of fraud — trespass and injunction where occupation is by municipal licence.
21 January 2026
A plea of res judicata cannot defeat a declaration of title at preliminary stage absent evidence; strike-out dismissed.
Civil procedure – strike out – Order 9 Rule 6 – proper party – declaratory relief – agency defence – res judicata (estoppel per rem judicatam) – necessity of evidence to establish plea of res judicata – summary dismissal only where claim clearly unsustainable.
20 January 2026
Administrator’s enforcement of a decades‑old judgment barred by limitation; letters of administration did not revive extinguished title.
Limitation Act 1972 (NRCD 54) – sections 5(2), 10(1), 10(6) – accrual of cause of action – extinguishment of title by lapse of limitation – administrators’ capacity and effect of letters of administration – res judicata – enforcement of judgment.
17 December 2025
Mandamus compelling the respondent to transmit CD Forms affirmed; a petition filed after the demand is not a legal impediment.
Chieftaincy Act s.62(1) – Mandatory duty of Regional House of Chiefs to report installations – Mandamus to enforce statutory duty – Demand and constructive refusal by inordinate delay – Petition filed after demand not a legal impediment – Judicial review/remedy.
17 December 2025
Provisional measures denied; Court has jurisdiction under Articles 9(1)(f) and (g); admissible except African Charter claims.
Administrative law — Provisional measures: prima facie case, urgency, irreparable harm; Expedited procedure — exceptional and requires irreparable prejudice; Jurisdiction — Article 9(1)(f) and (g) applicable to disputes between Community and officials and actions for damages; Admissibility — exhaustion of internal remedies inapplicable where remedies unavailable to statutory Commissioners; African Charter claims inadmissible against ECOWAS institutions.
10 December 2025
Court finds fair-trial violation for absence of Constitutional Court; orders TND1,000, operationalisation, publication and report.
Human rights jurisdiction — admissibility — exhaustion of local remedies — divorce and criminal adultery proceedings; Right to terminate marriage — appeal preserves marital status under domestic law; Right to a fair trial — absence/non-operationalisation of Constitutional Court prevented constitutional challenge; Reparations — modest moral damages and orders to operationalise Constitutional Court, publish judgment and report implementation.
4 December 2025
Provisional measures dismissed for failure to prove extreme gravity, urgency and irreparable harm.
Provisional measures — prima facie jurisdiction; requirements of extreme gravity, urgency and irreparable harm; burden to produce concrete, verifiable evidence; mootness of requests.
4 December 2025
Court affirmed jurisdiction to monitor compliance and ordered immediate implementation of reparations and land‑rights remedies by the respondent.
Compliance hearing – Jurisdiction to monitor and enforce Court judgments – Non‑compliance with reparations: unpaid pecuniary awards; failure to identify, delimit, demarcate and title ancestral land; inadequate consultation; lack of recognition of indigenous status; non‑establishment of development fund; late reporting – Provisional measures declined.
4 December 2025
Court exercised its discretion to reopen pleadings and allow the respondent an out‑of‑time filing, with applicants given 45 days to reply.
Procedure — Reopening pleadings — Rule 46(3) — Inherent powers under Rule 90 — Leave to file out of time — Sensitive consultations — Death-penalty case involving person with albinism — Recusal of President.
2 December 2025
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