Understanding the Court System
Ghana’s judicial hierarchy is structured into Superior and Lower Courts. The Superior Courts comprise the High Court, Court of Appeal, and Supreme Court, while the Lower Courts include District and Circuit Courts. The Judicial Committee of the House of Chiefs handles chieftaincy disputes.
Single justices preside over District, Circuit, and High Courts, while three justices constitute the Court of Appeal and Supreme Court. However, a single justice can handle certain matters in these courts.
Jurisdiction and Court Divisions
The jurisdiction of courts is determined by the nature and value of the claim. District Courts handle claims up to 20,000 Ghanaian Cedis, Circuit Courts up to 50,000 Cedis, and the High Court has unlimited jurisdiction. The High Court also has specialized divisions, including Commercial, Human Rights, and Financial Divisions.
The Role of Judges and Juries
Jury trials are limited to criminal cases. In civil matters, the judge serves as both trier of fact and law.
Time Limits for Civil Claims
The Limitations Act 1972 outlines time limits for bringing civil claims. These vary depending on the nature of the action, ranging from two years for slander or seduction to twelve years for certain land disputes.
Pre-Action Considerations
Before initiating proceedings, parties should consider factors like the appropriate forum, capacity, cause of action, and any statutory requirements.
Commencing Civil Proceedings
Civil proceedings typically begin with a writ of summons, unless otherwise specified by statute. Parties are notified through service of these documents. The courts in Ghana have the capacity to handle their caseload, though delays can arise due to various factors, including the conduct of parties and their lawyers.
Alternative Dispute Resolution
Ghana promotes alternative dispute resolution (ADR) to alleviate court congestion. The Alternative Dispute Resolution Act 2010 provides for negotiation, mediation, and arbitration as options.
Procedure and Timetable
A typical civil claim involves filing an appearance, defense, and reply within specific timeframes. The court then sets directions for trial, including witness statements and evidence. The duration of the trial depends on the case’s complexity and parties’ cooperation.
Case Management
Parties can influence the procedure and timetable through case management conferences.
Evidence
Parties have a duty to preserve documents and exchange relevant evidence. Certain documents may be privileged, including those obtained through legal advice.
Interim and Substantive Remedies
The courts can grant interim remedies like injunctions and freezing orders. Substantive remedies may include declarations, monetary awards, and punitive damages.
Enforcement
Judgment creditors can enforce judgments through various methods, including writs of execution and garnishment.
Public Access
Court hearings are generally held in public, and court documents are available to the public with certain exceptions.
Costs
The court has the power to award costs to the prevailing party. Factors considered in determining costs include expenses incurred, court fees, and the conduct of parties.
Funding Arrangements
Contingency fee agreements, also known as “no win, no fee” arrangements, are common in Ghana. Third-party funding is also permissible, but the third party cannot claim proceeds directly from the lawyer.
Insurance
While there’s no specific law regarding insurance for legal costs, it’s available through insurance companies.
Class Actions
Collective redress is possible in certain circumstances where separate actions would involve common questions of law or fact.
Appeals
Appeals are based on statutory provisions and can be made on grounds of error of law, fact, or both. The appellate process involves the High Court, Court of Appeal, and Supreme Court.
Foreign Judgments
Ghana has procedures for recognizing and enforcing foreign judgments from countries with reciprocal arrangements.
Foreign Proceedings
The High Court can order the examination of witnesses in matters pending before foreign courts.
