Laches and delay in Ghana case law.

Though section 6 (2) of NRCD 54 provides exemptions for equitable reliefs, in doing justice to the parties, same does not bar the application of section 5 of NRCD 54. The claim by the Plaintiff for compensation is decades out of time and the maxim, delay defeats equity is applicable in this case. The Plaintiff has been indolent and cannot be aided by this Court. We agree with the Court of Appeal that it will be contrary to public policy, to permit the Plaintiffs who have slept on their rights for decades, to wake up from their slumber with the expectation of claiming sums on a Judgment debt entered in 1957, with interest accruing from 1937.

JOSEPH ANGMORTE AMADE, EBENEZER KOFI TEYE & NARH KWASI VRS THE ATTORNEY-GENERAL [2026] SLR (SC) 3 · Supreme Court · 2026 · AMALEBOBA JSC

In the particular circumstances of the case having due regard to the plaintiffs’ undue delay in prosecuting this claim, they have themselves to blame and there will be no order for accounts of the proceeds of the said cocoa farm to be taken.

PAINSTIL AND ANOTHER v. ABA [1964] GLR 34 [1964] SLR (SC) 2 · Supreme Court · 1964 · SARKODEE-ADOO JSC