Enforcing Contracts in African Courts: What Foreign Companies Should Know

By ClintonOur Publications

Why Contract Enforcement Matters

Doing business in Africa offers vast opportunities in mining, energy, infrastructure, fintech, and commodities. Yet when disputes arise, foreign companies often discover that enforcing contracts in African courts can be complex, slow, and highly procedural. The key is knowing the legal pathways available — and having the right counsel to push matters forward effectively.

Key Considerations for Foreign Companies

1. Jurisdiction & Applicable Law

  • Did the contract specify Ghanaian, Nigerian, or Kenyan law?

  • Was arbitration or litigation chosen?

  • Courts will closely examine choice of law and forum clauses.

2. Enforcement of Foreign Judgments

  • Many African states allow recognition of foreign judgments through reciprocal arrangements.

  • For example, Ghana recognizes certain Commonwealth judgments under the Foreign Judgments and Maintenance Orders (Reciprocal Enforcement) Act.

  • Nigeria, Kenya, and South Africa have similar statutes — but procedures differ.

3. Arbitration & Alternative Dispute Resolution

  • Arbitration clauses are strongly favored.

  • Most African states are parties to the New York Convention, meaning arbitral awards can be enforced across borders.

  • Regional hubs like Lagos, Nairobi, Johannesburg, and Accra are growing as arbitration centres.

4. Procedural Realities

  • Court delays and adjournments are common.

  • Service of process on African defendants can be difficult without local expertise.

  • Enforcing against assets often requires liaison with regulators, banks, and sometimes government agencies.

How Clinton Consultancy Assists

  • Litigation Management: Representing foreign companies in Ghana, Sierra Leone, and coordinating with local partners in Nigeria, Kenya, South Africa.

  • Arbitration Support: Drafting and enforcing arbitration awards, engaging with ICC, LCIA, and OHADA systems.

  • Enforcing Foreign Judgments: Filing recognition applications, resisting frivolous defenses, and attaching local assets.

  • Debt Recovery: Tracing assets, filing injunctions, freezing orders, and negotiating settlements.

  • Cross-Border Strategy: Advising on where to sue, how to structure proceedings, and how to align with global enforcement mechanisms.

Why Clinton Consultancy

  • Regional Experience: Active across Ghana, Sierra Leone, and with network counsel in Nigeria, Kenya, and South Africa.

  • International Standards: We blend African court knowledge with global dispute-resolution best practice.

  • Cross-Border Mindset: We advise not just on local law but on how cases interact with arbitration, MLATs, and global asset recovery.

  • Fixed-Fee Options: Clear packages for initial contract review, case feasibility memos, and enforcement filings.

Call to Action

Enforcing a contract in Africa? Don’t let delays or complexity block your recovery. Clinton Consultancy builds enforceable strategies that deliver.

WhatsApp: +233 27 252 2695
Email: amanda@clintonconsultancy.com