On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a suit challenging the propriety of the Agyapa Deal initiated by the Government of Ghana (GoG). On December 20, 2020, Transparency International (TI), Ghana Integrity Initiative (GII), and Ghana Anti‐Corruption Coalition...
Category: Case Summaries
The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to Rest
All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone who “alleges that (a) an enactment or anything contained in or done under the authority of that or any other enactment; or (b) any act or omission of any person;...
Customary Grant Will Override a Subsequent Conveyance
The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb[i] held that writing is not a sine qua non to a customary grant in land transactions. Thus, a conveyance [indenture] only adds to a customary grant and its absence does not render a prior grant made under customary law invalid. Consequently, where a party is...
Supreme Court on the Determination of the Value of a Car Under a Comprehensive Insurance Policy
The Supreme Court by majority decision has held that an insured party is entitled to determine the value of his insured car and that the value although not being the actual value of the car will not render void the insurance contract. This is because the value determined by the insured party will not be...
High Court Rejects Claim for Recovery of “Facilitation Fees”
The High Court, Kumasi presided over by Justice Angelina Mensah-Homiah denied a construction company, Star of the Sea Construction (“Company”) the right to recover a sum of GH¢41,000 from Samuel Mensah Abroampah (“Defendant”)[1] who had promise to secure a contract for the Company. The Plaintiff Company allegedly entered into an agreement with the Defendant, for...
Supreme Court Urges Limited Court Intervention in Arbitral Proceedings
The Supreme Court in the case of The Republic v. High Court (Commercial Division, Accra) Ex-Parte: GHACEM Limited (AJ FANJ Construction & Engineering Limited as an interested party)[1]has urged courts to hasten slowly in interfering with arbitral proceedings. According to Dotse JSC: “What must be noted is that the provisions in Act 798 on arbitral...
Court Declares Regulation Requiring Women Employees to Defer Pregnancies as Discriminatory
The High Court, Accra, Human Rights Division presided over by His Lordship Anthony K. Yeboah J.A, in The Commissioner, CHRAJ & 2 Ors Vrs Ghana National Fire Service & Attorney-General[1], declared that Regulation 33(6) of the Conditions of Services of the Ghana National Fire Service (GNFS)[2]which required employees of the GNFS who were women to...
Can a Writ Breed Contempt?
The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that a party to a suit may well be in contempt of court in the absence of formal court order. The Court stressed that a person was in contempt of court if that person engaged...
Injunctions Over Disciplinary Proceedings – How Far and How Wide?
The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that an injunction order prohibiting an employer from holding disciplinary hearings against an employee in a specific matter does not bar the employer from initiating separate disciplinary proceedings against the same employee in respect of...
Disciplinary Proceedings in Public Institutions Subject to Judicial Review
The Supreme Court in the case of Francis Owusu Mensah & Anor v National Board for Professional and Technical Examinations & 2 Ors[1]has emphasized the need for administrative bodies to act fairly and reasonably in disciplining public officers and also ensure that public officers are dismissed only with just cause. Failing this, the decision of...








