? Understanding Ghana’s Foreign Judgment Enforcement Framework
Enforcing a foreign judgment in Ghana is governed by:
1?? Statutory Recognition (for select countries) – Under the Courts Act, 1993 (Act 459) and the Foreign Judgments and Maintenance Orders (Reciprocal Enforcement) Instrument, 1993 (LI 1575).
2?? Common Law Enforcement (for non-recognized countries) – When statutory recognition does not apply, Ghanaian courts may still enforce foreign judgments under common law principles.
? Countries with Automatic Judgment Recognition in Ghana
Under LI 1575, Ghana automatically recognizes and enforces judgments from the following countries:
? United Kingdom
? France
? Spain
? Italy
? Japan
? Brazil
? Lebanon
? Israel
? Senegal
If your judgment originates from any of these jurisdictions, it can be registered and enforced as a Ghanaian judgment, provided it meets the required legal criteria.
?? Enforcing Foreign Judgments from Non-Recognized Countries
If your judgment is from a country not listed under LI 1575, it can still be enforced in Ghana under common law. The foreign judgment must meet these legal conditions:
? Final and Conclusive – The judgment must be final and not subject to further appeal in the originating country.
? Proper Jurisdiction – The foreign court must have had the legal authority to hear the case.
? Judgment on the Merits – The decision must be based on the substance of the case, not procedural grounds.
? No Fraud – The judgment must not have been obtained through fraudulent means.
? Not Contrary to Ghanaian Public Policy – The ruling must not violate local laws or ethical standards.
? Step-by-Step Process for Enforcing Foreign Judgments in Ghana
1?? Enforcing a Foreign Judgment Under LI 1575
If your judgment is from a recognized country, follow these steps:
? Register the judgment in a Ghanaian court.
? File an application to enforce the judgment as a domestic ruling.
? Once approved, enforcement proceeds like any Ghanaian judgment.
2?? Enforcing a Foreign Judgment Under Common Law
If your judgment is from a non-recognized country, enforcement requires:
? Filing a claim in the Ghanaian High Court using the foreign judgment as evidence.
? Applying for summary judgment if the debtor has no valid defense.
? Meeting the limitation period—claims must be filed within six years of the original judgment.
? Why Choose Clinton Consultancy for Foreign Judgment Enforcement?
? Expert Legal Team – Our lawyers specialize in international judgment enforcement.
? Fast-Track Legal Strategies – We minimize delays using effective legal mechanisms.
? High Success Rate – We have helped numerous clients enforce foreign judgments in Ghana.
? Comprehensive Legal Support – From documentation to litigation, we handle everything.
? Contact Clinton Consultancy today! Let us help you recover your rightful claims in Ghana.