HOW TO READ AND UNDERSTAND A GHANAIAN LAW JUDGEMENT: A COMPREHENSIVE GUIDE FOR LAW STUDENTS AND YOUNG LAWYERS. 

INTRODUCTION

For many first-year law students and even some young lawyers, reading a Ghanaian court judgment can feel overwhelming. Legal judgments are often lengthy, filled with unfamiliar legal terminology, references to statutes, and citations of previous cases. As a result, many students make the common mistake of reading judgments as though they were ordinary stories, focusing only on who won the case.

This approach, however, misses the true purpose of judicial decisions.

A court judgment is not simply a record of a dispute between parties. It is a carefully reasoned legal document that explains how a judge interprets and applies the law to specific facts. More importantly, judgments establish legal principles that may guide future courts under the doctrine of judicial precedent.

Learning how to properly analyze judgments is therefore one of the most important skills every law student must develop. Whether you are studying Constitutional Law, Criminal Law, Contract Law, Tort Law, Land Law, Company Law, or any other legal subject, understanding judgments will improve your legal reasoning, case analysis, and examination performance.

This guide provides a practical step-by-step approach to reading and understanding judgments delivered by the District Court, Circuit Court, High Court, Court of Appeal, and Supreme Court of Ghana.

STEP ONE: IDENTIFY THE COURT

The first step is to determine which court delivered the judgment.

The court’s position within Ghana’s judicial hierarchy determines how authoritative its decision is. Under the doctrine of judicial precedent, decisions of higher courts generally bind lower courts.

For example:

• Supreme Court decisions bind all other courts in Ghana.

• Court of Appeal decisions bind the High Court and lower courts unless overruled.

• High Court decisions are generally persuasive to other High Court judges.

Knowing the court immediately tells you the weight that should be attached to the decision.

STEP TWO: READ THE CASE CITATION CAREFULLY

Every judgment begins with a citation that provides important identifying information.

For example:

Tuffour v Attorney-General [1980] GLR 637

A citation usually reveals:

• The name of the case

• The year of the decision

• The law report

• The page number

• Sometimes the court that delivered the judgment

Understanding citations allows you to locate cases quickly and appreciate their legal significance.

STEP THREE: EXAMINE THE HEADING

Before reading the body of the judgment, study the heading.

The heading usually identifies:

• The judges (Coram)

• The parties

• The date of the judgment

• Whether the matter is an appeal or an original action

• The type of case before the court

Pay attention to the judges involved. Certain judges are known for particular approaches to constitutional interpretation, commercial law, criminal law, or administrative law, making their reasoning especially valuable for legal study.

STEP FOUR: DETERMINE THE AREA OF LAW

Identify the legal subject the case concerns.

Ask yourself:

What branch of law is this case about?

It could include:

• Constitutional Law

• Criminal Law

• Contract Law

• Tort Law

• Land Law

• Company Law

• Labour Law

• Administrative Law

• Family Law

• Probate

• Human Rights

Knowing the subject immediately places the judgment within the correct legal framework.

STEP FIVE: READ THE FACTS CAREFULLY

The facts explain why the dispute came before the court.

As you read, ask yourself:

• Who are the parties?

• What happened?

• When did it happen?

• Why did the dispute arise?

• What legal relationship existed between the parties?

Separate material facts from unnecessary details. Material facts are those that affected the judge’s decision.

EXAMPLE:

Suppose the dispute concerns land ownership.

Important facts include:

• Who first acquired the land

• Whether consideration was paid

• Registration of title

• Possession

• Survey plans

• Conveyances

The colour of the house or the occupation of witnesses is usually irrelevant.

STEP SIX: UNDERSTAND THE PROCEDURAL HISTORY

Many Supreme Court cases have travelled through several courts before reaching the country’s highest court.

Determine:

• Which court first heard the matter?

• Who appealed?

• Why was the appeal filed?

Sometimes the Supreme Court decides on only one specific legal issue rather than the entire dispute.

STEP SEVEN: IDENTIFY THE RELIEFS SOUGHT

Every civil action begins because a party asks the court for a remedy.

Common reliefs include:

• Declaration of title

• Damages

• Specific performance

• Injunction

• Recovery of possession

• Constitutional interpretation

• Judicial review

Understanding the relief sought helps explain why the litigation began.

STEP EIGHT: IDENTIFY THE LEGAL ISSUES

This is one of the most important parts of the judgment.

Instead of asking broad factual questions, identify the precise legal questions before the court.

FOR EXAMPLE:

Rather than asking:

“Who owns the land?”

The legal issue may be:

“Whether the plaintiff acquired valid title under customary law.”

Good lawyers can reduce even a lengthy judgment into a few clear legal issues.

STEP NINE: READ THE PARTIES’ ARGUMENTS

Study the submissions made by both sides.

The appellant may argue that:

• The trial judge misapplied the law.

• Evidence was improperly evaluated.

• Constitutional rights were violated.

• A statute was wrongly interpreted.

The respondent argues the opposite.

ASK:

• Which statutes are cited?

• Which previous cases are relied upon?

• Which constitutional provisions are invoked?

Understanding the arguments allows you to follow the judge’s reasoning.

STEP TEN: READ EVERY STATUTORY PROVISION MENTIONED

Whenever the judgment refers to a constitutional article, Act of Parliament, Constitutional Instrument, or court rule, pause and read the actual provision.

Never rely solely on the judge’s summary of the legislation.

Keeping the Constitution and relevant statutes nearby greatly improves your understanding of the judgment.

STEP ELEVEN: IDENTIFY THE LEGAL PRINICPLES APPLIED

Ask yourself:

What legal rule is the judge applying?

Examples include:

• Natural justice

• Duty of care

• Offer and acceptance

• Constitutional supremacy

• Ultra vires

• Res judicata

• Locus standi

• Audi alteram partem

• Legitimate expectation

Highlight these principles; they are often the most valuable part of the judgment.

STEP TWELVE: ANALYZE THE JUDGES’S REASONING

This is the heart of every judgment.

Consider:

• Why did the judge reach this conclusion?

• Which evidence was accepted?

• Which evidence was rejected?

• How was the statute interpreted?

• How were earlier cases applied or distinguished?

Many students read only the beginning and end of judgments. Lawyers, however, spend most of their time studying the court’s reasoning.

STEP THIRTEEN: IDENTIFY THE RATIO DECIDENDI

The ratio decidendi is the legal principle necessary for the court’s decision.

ASK YOURSELF:

If this legal principle were removed, would the decision still stand?

If the answer is no, you have likely identified the ratio.

This is the binding part of the judgment that future courts may follow.

STEP FOURTEEN: IDENTIFY OBITER DICTA

Judges often make observations that are not necessary to decide the case.

These comments are known as obiter dicta.

EXAMPLE:

A judge may state:

“If Parliament were to enact another law of this nature, similar constitutional concerns may arise.”

This is not part of the decision.

It is persuasive only. Do not confuse obiter with the ratio.

STEP FIFTEEN: EXAMINE THE AUTHORITIES CITED

Judges support their reasoning with legal authorities such as:

• The Constitution

• Acts of Parliament

• Constitutional Instruments

• Previous Ghanaian cases

• English decisions

• Commonwealth authorities

• International authorities where appropriate

Reading the headnotes of important, cited cases will deepen your understanding of the law.

STEP SIXTEEN: OBSERVE THE COURT’S METHOD OF INTERPRETATION

Notice how the judge interprets legislation.

Common methods include:

• Literal Rule

• Golden Rule

• Mischief Rule

• Purposive Approach

• Contextual Interpretation

• Constitutional Interpretation

Ask why the judge preferred one approach over another.

Whenever the judge interprets legislation ask:

    “Why was this interpretation preferred?”

STEP SEVENTEEN: READ CONCURRING AND DISSENTING OPINIONS

Not every judge agrees with the majority.

Some judges write concurring opinions while others dissent.

Although dissenting judgments are not binding, they often influence future legal developments and should not be ignored.

STEP EIGHTEEN: READ THE ORDERS OF THE COURT

The concluding orders tell you exactly what the court decided.

Examples include:

• Appeal allowed

• Appeal dismissed

• Conviction quashed

• New trial ordered

• Damages awarded

• Declaration granted

These orders determine the legal effect of the judgment.

STEP NINETEEN: ASK WHY THE CASE MATTERS

Every important judgment contributes something to Ghanaian law.

Ask:

• Did it establish a new legal principle?

• Did it clarify an existing rule?

• Did it overrule an earlier decision?

• Did it interpret the Constitution?

• Did it expand human rights?

• Did it develop company law?

Understanding a case’s significance explains why it continues to be cited by courts and lecturers.

STEP TWENTY: PREPARE A CASE BRIEF

After completing your reading, summarize the judgment under these headings:

1. Case Name and Citation

2. Court

3. Judges (Coram)

4. Area of Law

5. Material Facts

6. Procedural History

7. Reliefs Sought

8. Issues for Determination

9. Parties’ Arguments

10. Statutory Provisions Considered

11. Cases Relied Upon

12. Court’s Reasoning

13. Ratio Decidendi

14. Obiter Dicta

15. Decision or Holding

16. Orders Made

17. Significance of the Case

If you cannot complete this summary, revisit the judgment to identify what you have missed.

PRACTICAL TIPS FOR READING GHANAIAN JUDGEMENTS

• Read the judgment twice. The first reading helps you understand the facts; the second allows you to focus on the legal reasoning and principles.

• Keep the relevant legislation nearby. When the court refers to a constitutional article or statutory provision, read it immediately rather than relying on the judge’s summary.

• Highlight legal principles, not just conclusions. The value of a judgment lies in the reasoning that supports the outcome.

• Look for the ratio decidendi. Ask yourself what legal rule the court applied that was necessary to decide the case.

• Distinguish binding principles from persuasive comments. Not every statement made by a judge has precedential value.

• Read cited authorities. Even reading the headnotes of the leading cases relied upon will deepen your understanding of the legal framework.

• Write your own case brief. Summarising the judgment in your own words reinforces comprehension and creates a valuable revision resource.

• Think like a lawyer, not just a reader. Constantly ask: What legal issue is being resolved? Why did the court reach this conclusion? Could the decision have been different if the facts had changed?

CONCLUSION

Mastering the art of reading judgments is fundamental to becoming an effective lawyer. A Ghanaian judgment is more than a record of a dispute; it is an explanation of how legal rules are interpreted, applied, and developed within the country’s legal system. By approaching every judgment systematically; identifying the court, understanding the facts, isolating the issues, analyzing the arguments, following the court’s reasoning, and extracting the ratio decidendi; you will develop the analytical skills required for law school, legal practice, and judicial reasoning.

The more judgments you read using this method, the more intuitive the process becomes. Over time, you will move from simply understanding what the court decided to appreciating why it decided the case that way and how that decision shapes Ghanaian jurisprudence.