Litigation 2026 Comparisons

Ghana's legal system blends British common law and principles of equity with local customary law. The doctrine of judicial precedent (stare decisis) is a cornerstone, meaning the decisions of higher courts bind lower ones, and the Supreme Court stands at the apex of the judicial structure. The 1992 Constitution is the supreme law of the land, and any law inconsistent with it is void. The legal hierarchy beneath the constitution is composed of Acts of Parliament, subsidiary legislation, and the common law, which includes the rules of customary law as determined by the Superior Courts of Judicature.

Ghana employs an adversarial model of litigation. The legal process is conducted through a blend of written submissions and oral arguments. The system relies heavily on written documents. Witness statements have become routine as the primary means of evidence-taking, based on which a party and their witnesses are cross-examined. Apart from applications in respect of which oral arguments are invited by the bench, appeals to the Court of Appeal and Supreme Court, and originating processes at the Supreme Court are largely based on written arguments and statements of case. However, oral advocacy remains crucial for emphasising key legal arguments before the courts, ensuring the process is both grounded in tradition and practical.

Ghana has a unified, national court system with no state or provincial courts. The structure comprises the Superior Courts of Judicature and lower courts established by parliament under the Courts Act, 1993 (Act 459). The superior courts are the High Court, the Court of Appeal and the Supreme Court. The High Court operates divisions which are created according to need. The Court of Appeal has two divisions: a civil division and a criminal division. Regional tribunals have concurrent original jurisdiction with the High Court in all criminal matters. They are currently not operational, however, and have no judges appointed to them, despite being a formal part of the country’s superior court structure. They do not have civil jurisdiction.

The lower courts are the district court and the circuit court.

While there are prescribed timelines for filing pleadings once a suit has been duly commenced, there is no fixed statutory timeline from commencing proceedings to trial. In practice, the duration varies significantly. Simple civil cases in the High Court or circuit court may take between six months to one year to reach trial. Complex commercial disputes or serious criminal cases, particularly those tried in the High Court, can take one to two years or more, due to such matters as pre-trial procedures, interlocutory applications and appeals, and case backlogs.

The default position in Ghana is that court proceedings are public and court filings are part of the public record, unless otherwise ordered by the court in the interest of public morality, safety, or order. Members of the public may generally observe court proceedings, and interested persons may apply to the court registry to access judgments and filings. A court may order that proceedings be held in camera or may seal court filings to protect compelling interests. This may be initiated by the court or upon a party's application. The Children’s Act, 1998 (Act 560), mandates in-camera hearings for juveniles, and the Courts Act, 1993 (Act 459), allows for the exclusion of persons from the courtroom in certain circumstances such as:

• cases involving children and juveniles – to protect their welfare;
• sexual offence trials – to preserve the dignity and anonymity of the victims;
• matters of national security;
• commercially sensitive information in intellectual property or trade secret litigation; and
• intimate details in matrimonial cases.

Legal representation in Ghanaian courts is restricted to legal professionals who have qualified to practise law in Ghana. Foreign lawyers are prohibited from conducting cases or practising Ghanaian law. They may advise in limited capacity as foreign legal consultants in international law or the law of their home jurisdiction. However, they cannot undertake advocacy in Ghanaian courts or advise on Ghanaian substantive law.

Individuals have the right to represent themselves in court. The court is however not obliged to assist a self-represented litigant in the presentation of their case, and they are held to the same procedural and evidential rules as a legally represented party.

Third-party funding arrangements have been held to be champertous and contrary to public policy, and therefore unenforceable. However, the Legal Aid Commission Act 2018 (Act 977) created a legal aid fund from which legal aid is provided to deserving litigants.

See 2.1 Third-Party Litigation Funding.

See 2.1 Third-Party Litigation Funding.

See 2.1 Third-Party Litigation Funding.

See 2.1 Third-Party Litigation Funding.

Contingency fees are permitted by the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 and the Ghana Bar Association (GBA) Scale of Fees. The agreement for contingent fees must be in writing and signed by the client, and must state:

• the method by which the fee is to be determined, including the amount that will accrue to the lawyer in the event of settlement, trial or appeal;
• the expenses deductible from the recovery, for which the client is liable, independent of whether the client is the prevailing party; and
• whether the expenses are to be deducted before or after the contingent fee is calculated.

The GBA Scale of Fees specifies the limit within which contingency fees may be charged, based on the subject matter of the suit.

There are no time limits by which a party to litigation may obtain funding from the Legal Aid Board, provided the cause of action subsists, and the applicant meets the eligibility criteria.

The State Proceedings Act 1998 (Act 555) requires that before a person institutes a civil action against the State, the person must serve the Attorney General with written notice of their intention at least 30 days before commencing the action. Where a party fails to give the required notice, rather than dismissing the action, the court will adjourn the case to allow the plaintiff the opportunity to give the requisite 30 days’ notice.

The Local Government Act 2016 (Act 936) requires 30 days’ written notice before the institution of an action against a district assembly. The 30 days’ written notice is a necessary precondition to instituting an action against a district assembly, and failure to comply renders the writ of summons void.

Under the Borrowers and Lenders Act 2020, a lender who intends to realise their security must also serve the defaulting borrower with a notice of default and request that the borrower pay the amount due within 30 days. This is a prerequisite for the realisation of security. Parties that fail to comply with the aforementioned provisions could have their writ of summons or originating motions struck out as premature. In other civil matters, there is generally no formal pre-action requirement under Ghanaian law.

Limitation periods depend on the type of legal claim. The following limitation periods apply.

Two years:

• Claims for damages for slander.
• Recovery of contribution.
• Recovery of penalty or forfeiture.

Three years:

• Damages for negligence, nuisance or breach of duty.
• Damages for the benefit of the dependents of a deceased person.

Six years:

• Actions founded on tort, simple contract and quasi-contract.
• Enforcement of a recognisance.
• Enforcement of an award other than an arbitral award.

12 years:

• Action on an instrument under seal.
• Enforcement of an award under seal.
• Recovery of money due to a registered company by a member of that company.
• Recovery of tax payable.
• Enforcement of a judgment.
• Recovery of the proceeds of the sale of land.
• Recovery of possession of land.

Time starts running from the date the right of action accrues. There are exceptions to the periods of limitation. Where a person to whom the right of a cause of action accrues is disabled, the period of disability will not be taken into account in computing the relevant time. In respect of a claim for debt, the computation of time freshly accrues where a defendant acknowledges their debt to the plaintiff or makes a part payment of their debt. Where the defendant conceals the cause of action through fraud, the statute of limitations does not begin until the plaintiff becomes aware of the cause of action.

The jurisdiction of the Supreme Court, the Court of Appeal, the High Court, the circuit and district courts is conferred by the constitution and statute. A defendant would be subject to a suit in Ghana if the cause of action arose in Ghana or the subject matter is within Ghana. In matrimonial causes, the jurisdiction of the court is properly invoked when one of the parties is a citizen of or domiciled in Ghana, or has been ordinarily resident in Ghana for three years immediately preceding the divorce proceedings. If the marriage is celebrated in Ghana, the courts would ordinarily assume jurisdiction. These requirements do not differ between courts.

Writ of Summons

A plaintiff is required to state the relief they seek and the basis of their claim in a writ of summons supported by a statement of claim. The writ must also state the name of the parties, their residential addresses, the subject matter and nature of the claim, and the reliefs or remedies the plaintiff seeks. The statement of claim should set out concisely the material facts on which the plaintiff relies in support of their claim.

Petition

The following actions may be commenced by a petition:

• matrimonial proceedings;
• probate and administration action;
• insolvency or winding up of companies; and
• presidential and parliamentary petitions.

Originating Motion

Originating motions may be used for specific claims. These include applications for judicial review, corporate and human rights actions. Statutes may also prescribe an originating motion as a means of applying for relief and breaches.

Amendment

If, during the course of litigation, new facts become known or errors are discovered by the parties, the parties are allowed to apply to amend their pleadings. The courts allow amendments at any stage up until judgment, provided that the amendments are necessary to determine the case and do not cause injustice or prejudice to the other party that cannot be compensated by costs.

Generally, documents must be served personally on a defendant unless, on the application of the plaintiff, the court orders otherwise. Where personal service is not possible, the court may, upon application, order substituted service. Processes not requiring personal service may be served on a party by leaving them at the appropriate address, delivering them by registered post, or any other manner in which the court may direct. For service on a body corporate, the documents must be served on the chairman, managing director, secretary or a responsible officer of the company. Where a defendant is ordinarily resident outside the country, leave of the court is required to serve them outside of the jurisdiction.

Court processes are served through the court bailiffs. The filing party may however direct service.

If a defendant fails to appear after being served, the plaintiff may apply for final judgment if it is a liquidated claim. If it is an unliquidated claim, or involves detinue or possession of property, the plaintiff may apply for interlocutory judgment. In all cases, the rules ensure procedural fairness by requiring proof of service. The court retains the power and discretion, upon application by the defaulting party, to set aside or vary such judgments where justice demands, subject to such terms and costs as it may deem fit.

There are no laws that bar class actions in Ghana. Trustees, executors or administrators may however be sued in their representative capacity. Representative actions in Ghana are based on an opt-in system, as there is no opt-out mechanism. There is also no certification process. A party belonging to a class against which judgment has been delivered may however dispute liability to have the judgment executed against them as an individual on the ground that they are entitled to be exempted from liability by reason of facts and matters peculiar to their individual case.

Lawyers and their clients are encouraged to negotiate and agree on the legal fees payable by the client before the work starts. The estimated out-of-pocket expenses, such as filing fees or court fees, are to be billed separately under the Ghana Bar Association Scale of Fees.

A lawyer must:

• state in advance their method of billing;
• agree on costs in writing; and
• promptly inform the client if the scope of the matter changes or the likely costs increase.

The law explicitly prohibits overcharging and undercharging, and hidden or unknown costs. Lawyers are expected to give honest, reasonable, and fully itemised accounts. If a matter takes significantly longer than expected, refresher fees may be negotiated.

Parties are permitted to apply before trial for interim and interlocutory orders other than case management-related orders. Interlocutory applications may also be filed at any stage during trial once the action is pending before the court.

Parties may apply for early judgment on some or all the issues in dispute.

Application for Summary Judgment

A party may apply for summary judgment application without a full trial on the ground that the defendant has no defence to the plaintiff’s claim or part of such a claim, or that the defence relied on by defendant is a sham, or that the defendant has no defence to the plaintiff’s claim except as to the amount of damages. A defendant may also apply for summary judgment on a counterclaim on the same grounds. The court will however not grant summary judgment in cases involving probate, matrimonial and maritime matters, or in claims and counterclaims for defamation, malicious prosecution, seduction, breach of promise to marry, and fraud.

Application to Strike Out Pleadings

A court may, at any stage of the proceedings, order that any pleading or anything in any pleading be struck out on the grounds that:

• it discloses no reasonable cause of action or defence;
• it is scandalous, frivolous, or vexatious;
• it is likely to prejudice or delay a fair trial; or
• it is otherwise an abuse of the court process.

In such cases, the court may stay, dismiss, or enter judgment as appropriate.

Application to Strike Out a Case for Delays

If a case is dormant and no action has been taken for 12 months since the last proceeding, the Registrar or any party may apply to have the case struck out for want of prosecution, provided that all parties are given at least 14 days’ notice before the hearing of the application.

Failure to Comply With the Court’s Orders

A case may also be struck out where a party fails to comply with court orders or procedural directions.

Application for Judgment in Default of Appearance/Defence

Upon the failure of a defendant to enter an appearance within the statutory time limit, the plaintiff may apply for final judgment against the defendant where the claim is for a liquidated sum, or interlocutory judgment if the plaintiff’s claim is for unliquidated relief or title to or possession of immovable property. Where the defendant fails to file a defence within the statutory time limit, the plaintiff may apply for judgment in default of defence against the defendant based on the pleadings filed.

Both types of judgments may, upon application by the defaulting party, be set aside by the court on good and sufficient grounds.

Application for Judgment on Admissions

Where an admission of the truth of a fact or authenticity of a document is made in either pleadings or an affidavit filed by a party, the opposing party may apply to the court for judgment based on the admission without waiting for the full determination of the case. The court may then issue any orders it deems fit based on the admission.

A person with an interest in the subject matter of a pending case may be joined as a party where the court considers that their participation is necessary for the full and effectual determination of the issues in controversy or for granting full reliefs concerning the matters in dispute or to avoid multiplicity of suits. An application for joinder is by a motion supported by an affidavit stating the grounds of the application. The application may be made at any stage of the proceedings, either on a party’s application or by the court’s own motion. Joinder is discretionary.

A defendant may apply for an order requiring the plaintiff to provide security for costs when:

• the plaintiff is resident outside Ghana;
• the plaintiff is a nominal plaintiff who is suing for the benefit of some other person, and there is reason to believe that the plaintiff will not be able to pay the costs of the defendant;
• the plaintiff’s address is not stated on the originating process. The court will not require a plaintiff to provide security for this reason only if it is satisfied that the failure to state the address of the plaintiff was inadvertent or the misstatement of the address was made inadvertently and without the intent to deceive; or
• the plaintiff’s address has changed in the course of proceedings.

Generally, costs follow the event, meaning the unsuccessful party bears the reasonable costs of the successful party. The court retains discretion to award or deny costs, taking into account factors such as the nature of the underlying facts of the application, the conduct of the parties, the reasonableness or complexity of the application, the effort that has gone into preparing and arguing the application, the resources expended in pursuing or defending the application, and whether the application was actually necessary.

Unless otherwise ordered by the court, there must be at least three clear days between the date of service of the notice of a motion and the date of hearing of the motion, except if the motion is to be heard ex parte. The court will only proceed to hear and determine the application once the response period has elapsed and no response has been filed to the application. In practice, however, applications may experience delay for several reasons. While the court reserves the power to prescribe time limits for dealing with motions, these constraints sometimes impose on schedules.

A party may urge the court that a matter be dealt with on an urgent basis. In an urgent matter, a party may also apply for an order ex parte. The discretion always remains with the court on how to deal with such an application.

Discovery is available in civil cases and applies to any proceeding in which pleadings have been filed. The rules do not recognise pre-trial witness testimony.

Mutual (Voluntary) Discovery

Within 14 days of the close of pleadings and without an order of the court, parties may voluntarily exchange a list of documents in the custody or power of the other party on any matter in question between them in the suit. Mutual discovery does not apply to actions arising out of motor accidents. A party may serve notice on the other party to produce for inspection document(s) mentioned in the pleadings of the other party.

A party on which notice is served must respond, within seven days of service of the notice, stating when and where the documents may be inspected during working hours or, within four days of service of the notice state, or provide in writing, their objection to the production of the document(s).

Discovery Upon Application by a Party

If a party required to produce documents for inspection fails to respond to the request or responds but does not give reasonable explanation for their failure or refusal to produce the documents for inspection, or does not object to the production and inspection within the time limit, or sets up an unreasonable time for the inspection, then upon application, the court may order such inspection on such terms as it may deem fit.

At the stage of application for directions (and thereafter upon showing reasonable cause), a party may apply and be granted an order for such discovery as is necessary. Notwithstanding this, a party may also apply for the discovery of particular documents at any stage of the proceedings. The application must be supported by an affidavit stating the grounds relied on and demonstrating the relevance of the document(s) to the issues in the cause or matter.

Discovery at the Instance of the Court

At any stage of the proceedings, a court may, of its own accord, order the production of documents in a party’s custody or power directly to the court relating to any issues in the cause or matter, and the court may deal with the documents as it deems fit.

Discovery by interrogatories

A party may apply to the court for leave to serve interrogatories on the other party and request that the other party answer the interrogatories in an affidavit. Interrogatories are drafted in prescribed form.

Mechanisms to curb scope and cost

The court may refuse or limit discovery if it is unnecessary, disproportionate, abusive of process or based on objection arising from privilege, confidentiality or irrelevance. The court may award costs against a party who abuses discovery or fails to comply.

The rules expressly exclude discovery in third-party proceedings. However, subpoenas exist, on application by a party, to compel a person to attend court to give evidence or produce a document.

See 5.1 Discovery and Civil Cases.

This is not applicable in Ghana. See 5.1 Discovery and Civil Cases.

Ghana recognises legal privilege, including attorney-client privilege and protections. The work produced by a lawyer in rendering legal services to a client is also privileged information.

A lawyer-client privilege may be claimed by the client, the client’s guardian or committee, the personal representative of the deceased client, the successor in interest of a client that was an artificial person, or the person who was the client’s lawyer at the time of communication, except where there is:

• sufficient evidence to suggest that the services of the lawyer were sought to aid a person in committing a crime;
• communication between parties who claim an interest in property through the same deceased lawyer;
• communication relevant to a breach of duty by a lawyer; or
• communication relevant to the common interest of two or more clients.

Privilege against disclosing the contents of a record or report may be claimed by a public officer or entity if the law requiring the record to be kept or report to be prepared prevents disclosure for the purpose in question.

There is no legal framework that distinguishes legal advice given by in-house counsel from that of external counsel.

These are mostly statutory requirements such as:

• privilege on state secrets.
• privilege on trade secrets.
• privilege on informants.

The court may grant an injunction in all cases where it appears to be just and convenient to do so. The remedy is discretionary in nature. The applicant must show that the underlying claim raises a serious question of law, fact, or equity, and is neither frivolous nor vexatious; and demonstrate that the hardship and inconvenience likely to be suffered if the injunction is refused outweighs any hardship and inconvenience that may be caused to the respondent if it is granted. The court may also consider whether, if the applicant ultimately succeeds, damages will adequately compensate for any loss suffered by the refusal of the injunction.

Other forms of injunctive relief include Mareva injunctions, Anton Pillar orders and interim preservation orders.

In applications for injunctions to prevent parallel proceedings in another jurisdiction, the courts have applied the principles of injunction in injuncting a party from instituting arbitration proceedings abroad, holding that, in so far as applications for injunctions are reasonable and necessary ancillaries to the administration of justice, there is no limit to their scope.

It is difficult to place a timeframe on the hearing and determination of applications for injunctive relief, however urgent. The rules on service of court processes, the practical difficulties and shortcomings in the system of service of court processes, and the workload of the courts impact the speed of determination. The rules do not provide for out-of-hours applications or orders.

In urgent matters, a party may, after issuing a writ of summons or originating process, apply ex parte for the grant of injunctive relief. An order for interim injunction made pursuant to an ex parte application remains in force for only ten days and lapses thereafter unless the court directs otherwise.

An applicant may be held liable for the adverse consequences on the affected party of the granting of an injunction after the injunction has been discharged. In granting an application for injunctive relief, the court may order that a party give an undertaking as to damages. This rule applies equally to ex parte applications, and the giving of the undertaking may be a condition precedent to the granting or effectiveness of the injunctive order.

The court has no jurisdiction to adjudicate claims for declaration of title, possession and damages for trespass in respect of immovable property abroad, except where the claim is based on a contract between the parties, fraud, or on rights accruing in equity against a defendant who is subject to the jurisdiction of the court. The courts may however assume jurisdiction in matters affecting foreign assets where the plaintiff assumes the validity of the defendant’s title, and rather seeks to claim against the defendant personally. Where the claim of the plaintiff involves a dispute as to the rightful acquisition of the property by the defendant in accordance with the laws of a foreign country, then the court would not assume jurisdiction.

The courts may grant injunctive relief against third parties, ie, agents, servants, workmen, successors, and assigns of a party, who are shown to be aiding, abetting, or facilitating the violation of a party’s rights in a property and persons who derive their interests from the person against whom the injunction is sought.

Failure to comply with the terms of an injunction order constitutes contempt of court. The respondent may be subject to sanctions, including a fine or imprisonment. Transactions undertaken or effected in breach of the injunctive order may also be declared null and void.

Evidence-in-chief is in the form of a witness statement, which is tendered in evidence on oath (or affirmation) through the witness, based upon which the witness is cross-examined. Objections are raised to the witness statement or portions of it and to the exhibits attached to it at the point at which the witness seeks to tender the witness statement.

Cross-examination of witnesses is done entirely orally. Following cross-examination, the lawyer for the witness may re-examine the witness. After the plaintiff repeats this process with all their witnesses, the plaintiff closes their case, and the defence opens theirs. The process is repeated for the defendant.

After all parties have presented their respective cases, the court orders the parties to file their respective written addresses, which are, in effect, their closing arguments. After considering the written arguments of all parties, the court then delivers its final judgment.

An interim or interlocutory application is usually initiated by motion on notice or ex parte, depending on the rules, and is accompanied by an affidavit, which is a written statement made under oath, stating the factual basis of the relief sought. Once served with the application and affidavit, the other party (respondent) may file an affidavit in opposition. If, however, the respondent’s opposition is solely grounded on points of law, an affidavit in opposition need not be filed. At the hearing of the application, the judge may permit the parties to orally argue their respective cases or may order them to file written submissions before the court delivers its ruling. In applications for injunction, the parties are required to add their statements of case in which they advance legal arguments in support of their application or response. In applications for judicial review, the parties are also required to support their case with written legal arguments. The court may yet still invite oral arguments in support of key points.

Once pleadings are closed and all interim applications have been heard and determined by the court, the plaintiff or defendant must file an application for directions. At the hearing of the application, the parties would agree on issues in controversy and the court would dispose of all pending matters and issue directions on the conduct of the trial, including setting timelines for parties to file their witness statements, orders relating to discoveries, expert testimony and any other matter necessary to commence trial. The next step is the case management conference (CMC).

A CMC is conducted in every case before the Circuit and High Courts, regardless of complexity, after the parties to a suit have filed their respective witness statements. Parties are required to file their pre-trial checklist four clear days before the CMC date. The pre-trial checklist ensures that all parties have complied with all court orders, including interrogatory orders, orders on expert testimony, and discovery orders. Parties also list the details of all witnesses they intend to call during the trial. The court gives dates for the trial after the CMC has been conducted.

Civil litigation in Ghana is conducted exclusively by judges without jurors.

The main test of admissibility of evidence is relevance. The court has the discretion to exclude relevant evidence if the probative value of the evidence is substantially outweighed by:

• considerations of undue delay, waste of time or needless presentation of cumulative evidence;
• the risk that the admission of evidence will create a substantial danger of unfair prejudice or a substantial danger of confusing the issues; or
• the risk that the admission of the evidence will unfairly surprise a party that has not had reasonable grounds to anticipate it, and where a stay of proceedings is not possible or appropriate.

Relevant evidence may also be inadmissible on the ground that it has not been specifically pleaded, or by a claim of privilege.

Expert testimony is permitted at any time in an action, whether before or during trial. The court may invite expert testimony on its motion or at the request of a party.

Unless otherwise ordered by a court in the interest of public morality, public safety or public order, proceedings of every court or tribunal including the announcement of the decision of the court or tribunal shall be held in public. During a trial, the court may, where it considers it necessary and expedient, exclude from proceedings persons other than the parties to the case and their counsel on the following grounds:

• where publicity would prejudice the interest of justice or any interlocutory proceedings; or
• in the interest of justice, public safety, public morality, the welfare of a minor, or the protection of the private lives of persons concerned in the proceedings.

Apart from the direct parties to a suit, unless expressly provided for by the 1992 Constitution or rule of court or any other enactment, no person is entitled to inspect or have a copy of the record of evidence or court notes. However, a person affected by a judgment or court order may apply for a copy of the judgment, order or deposition or other part of the record, and such copies will be provided to the applicant once the necessary costs are paid.

The level of intervention of a judge is largely guided by each judge’s approach to courtroom management. The occasions for intervention vary widely from preventing a witness from being harassed or embarrassed, to curtailing cross-examination because it is unduly long and repetitive, setting time limits for cross-examination, in obvious cases, disallowing questions during cross-examination because they offend a rule of admissibility, or in some cases intervening to ensure witnesses are answering questions posed to them and not digressing. In addition, the judge has the power to exclude evidence and may call expert witnesses on its own motion.

A judge has the discretion to deliver judgment immediately and to provide reasons at a subsequent date. judgment must be delivered within six weeks after the close of the case. However, this rule is not always followed for many reasons, which include the workload of the courts, administrative constraints, delays by lawyers in filing their closing arguments, or the transfer of judges before they deliver judgments.

See 1.2 Court System.

Court approval is not generally required for competent adult parties to settle a lawsuit. Court approval becomes mandatory under the Children’s Act, 1998 (Act 560), settlements involving minors or persons deemed mentally incapable, where the court must scrutinise the terms to ensure they are in the minor’s best interests and settlements concerning the estate of a deceased person to ensure fairness to all beneficiaries.

The settlement of a lawsuit can remain confidential. A party to a suit may apply to the court to keep proceedings or the announcement based on the decision of the court private.

If the agreement is formalised in signed terms of settlement and adopted by the court as a consent judgment, or if a settlement is reached through mediation under the Alternative Dispute Resolution Act, 2010 (Act 798), it becomes an executable court judgment. This allows the winning party to use direct judicial enforcement mechanisms to compel compliance as if it were a judgment from the outset.

A consent judgment may be set aside by filing a fresh suit specifically for that purpose, relying on such vitiating factors as fraud, misrepresentation, duress, undue influence, mistake, illegality, or lack of capacity.

At the conclusion of a full trial on the merits, a successful litigant is entitled to remedies broadly categorised as monetary awards (damages) or equitable or other relief as claimed by the successful party or as the court may deem just.

Monetary awards include nominal damages, general damages, special damages and punitive or exemplary damages. Non-monetary remedies include specific performance, injunctions, rescission, declaratory relief restitution. Supervisory remedies include quashing orders, prohibition, mandamus and quo warranto.

For breach of contract, Ghanaian courts follow the rule that a party may recover only losses that are a natural consequence of the breach or for special losses that both parties were aware could occur when they entered the agreement. In tort, the test is one of reasonable foreseeability of the kind of damage. These core principles are balanced by two key rules that keep compensation reasonable. A party has a responsibility to act reasonably to reduce their loss after the wrong occurs. A claimed loss must not be remote but one that is natural or a reasonably expected outcome of the wrong. While the duty of mitigation adjusts the amount of the damage, the rules of remoteness define what may be claimed and, together, they determine how much is ultimately ordered by the court to be paid.

The legislative monetary jurisdiction of the lower courts caps the value of claims they may hear. Parliament may also impose specific legislative ceilings in defined areas.

A successful litigant may be awarded both pre-judgment and post-judgment interest. Pre-judgment interest in some cases is based on contract, ie, when parties agree that interest should accrue on the outstanding and unpaid sum. The court also has a judicial discretion to award pre-judgment interest to a party to compensate them for being unjustifiably kept out of their money for the period between when the cause of action arose and the date of judgment. Post-judgment interest is mandatory and automatic. It accrues from the date of judgment until the date of final payment. The rate is fixed by law at the prevailing Bank of Ghana rate, which acts as a statutory cap.

The mechanism used in the enforcement of a domestic judgment depends entirely on whether the judgment is for a specific sum of money or requires the performance of a specific action. The enforcement mechanisms or methods in the district court are substantively similar to those of the High Court.

Mechanisms for Monetary judgments:

• Writ of fieri facias empowers court bailiffs/the Deputy Sheriff to seize and sell the judgment debtor's movable property (goods, vehicles, equipment). It may extend to immovable property (land, buildings) if the debtor has insufficient movable assets to satisfy the debt.
• Garnishee proceedings allow a creditor to attach funds owed to the debtor but held by a third party (the garnishee), such as a bank.
• By a charging order, the court may impose a legal charge on the debtor's assets, such as stocks or land, preventing their sale without the debt being paid from the proceeds.
• The court may appoint an independent receiver to take control of and manage the debtor's property or business, using the generated income to pay the creditor.
• If the company owes a creditor more than a prescribed threshold (currently GHS10,000) and has failed to pay or make a reasonable arrangement within 30 days of a formal demand notice, the judgment creditor may initiate formal insolvency proceedings. A trustee or receiver is appointed to manage and sell all available assets, distributing the proceeds among all creditors according to statutory priority rules.

Mechanisms for Non-monetary judgments (Specific Performance):

• Writ of delivery is used when a judgment is specifically for the delivery of certain movable property and not just the monetary value of those goods. The writ empowers the bailiff to seize the specified goods from the defendant's possession and deliver them to the plaintiff Writ of possession is used specifically to enforce a judgment for the recovery or possession of immovable property (land or a building/premises). The bailiff removes the debtor from the premises and puts the creditor in possession.
• Committal proceedings are a contempt of court process for wilful disobedience of a court order, which may lead to imprisonment.
• Writ of sequestration authorises the seizure of the debtor's property, which is held until the debtor complies with the court's order.

Enforcement Procedural Tool:

• The judgment debtor may be examined under oath as to their means or assets in order for the creditor to choose the most effective way to execute a judgment.

Enforcing a foreign judgment in Ghana is based on reciprocity and is governed by the Foreign Judgments and Maintenance Orders (Reciprocal Enforcement) Instrument, 1993 (L.I. 1575).

The judgment must first be registered in the High Court; and must:

• be from a superior court in a country listed in L.I. 1575;
• be final and conclusive between the parties;
• not have been obtained by fraud;
• not be contrary to public policy in Ghana; and
• not be a judgment that could have been enforced by execution in the country of the original court.

The judgment creditor must apply to the High Court by filing a motion ex parte supported by an affidavit. This affidavit must exhibit the judgment or a verified or certified or otherwise duly authenticated copy of it (with a certified English translation where necessary), confirm the judgment is final and enforceable, specify the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of the application for registration and state the amount due, converted to Ghana cedis. After registration, a notice is served on the judgment debtor personally. Once registered, the foreign judgment can be enforced as if it were a judgment of the Ghanaian High Court.

A party dissatisfied with a court's decision may generally appeal to a higher court.

• From the district court, appeals in civil and criminal matters go to the High Court.
• From the circuit court, civil appeals go to the Court of Appeal, while criminal appeals go to the High Court.
• From the High Court, appeals go to the Court of Appeal.
• From the Court of Appeal, appeals go to the Supreme Court.

Specialised Jurisdiction:

• Chieftaincy matters are handled within the chieftaincy institution's own judicial committees. From the judicial committee, an appeal goes to the National House of Chiefs and from there to the Supreme Court.

The High Court exercises supervisory jurisdiction over decisions of lower courts and public and adjudicating bodies by resorting to the prerogative writs of certiorari, prohibition, mandamus, habeas corpus and quo warranto. The Supreme Court exercises supervisory jurisdiction over all courts and adjudicating authorities, allowing it to issue orders to enforce this power. A court may upon application set aside or vary its own decision on grounds such as clerical errors, discovery of new evidence, or a clear error on the face of the record.

Any party to a civil case that is aggrieved by a judgment, decree, or order of a lower court has the right to appeal against that decision to a higher court. The appellate court would ultimately grant the appeal only after a hearing where it identifies errors of law and/or facts, some procedural irregularity, wrongful or abusive exercise of discretion, or lack or excess of jurisdiction.

The procedure begins with the appellant filing a notice of appeal in the registry of the court that gave the original decision. The triggering event for the timeline is the date the decision, order, or judgment is given, not when a written copy is received. The appellant is required to satisfy the conditions of appeal by first paying all prescribed fees or providing sureties therefor, for the preparation of the record of appeal. Following the satisfaction of the conditions of appeal, the Registrar of the lower court compiles the official record of appeal, and then transmits this complete file to the appellate court’s registry. A notice is then simultaneously served on the parties that the appeal records have been transmitted to the appellate court after which time starts to run for the parties to file their respective written submissions. A date is then fixed for the hearing of the appeal. On that date, after hearing the appeal, the court sets a date for delivering its judgment.

Timelines for Filing a Notice of Appeal

District court to High Court

• For a final judgment – three months from the date of judgment.
• For an interlocutory judgment leave is required from the High Court. The application for leave must be filed within 14 days from the date the district court delivered the interlocutory decision. Once leave is granted, the formal Notice of Appeal must be filed within a further 14 days from the date leave was granted.

Extension of time to file Notice of Appeal

• Final judgment – an application for extension must be brought within one month after the original three months.
• Interlocutory judgment – no extension of time is permitted.

Circuit court to Court of Appeal

• Final judgment – three months from the date of judgment. No application for an extension of time can be made after six months from the date of the original decision.
• Interlocutory judgment – 21 days from the date of decision. The party must seek leave from the circuit court within 21 days of the order. If refused, the application can be repeated in the Court of Appeal. No extension of time is permitted.

High Court to Court of Appeal

• Final judgment – three months from the date of judgment. No application for an extension of time can be made after six months from the date of the original decision.
• Interlocutory judgment – 21 days from the date of decision. No extension of time is permitted.

Court of Appeal to Supreme Court

• Final judgment – three months from the date of judgment. No application for an extension of time can be made after six months from the date of the original decision.
• Interlocutory judgment – 21 days from the date of decision. No extension is permitted.

An appeal from the Court of Appeal to the Supreme Court in any matter other than one originating from the High Court exercising its original jurisdiction requires leave of the Court of Appeal or Supreme Court.

The Supreme Court may review its own decision using an enhanced panel of not less than seven justices.

The appellate court considers the grounds of appeal filed by the appellant. An appeal is by way of a rehearing. This means the appellate court thoroughly re-examines the entire case record and arguments to determine for itself if the lower court's decision was correct. It is not a fresh trial.

The court has discretion to admit fresh evidence under very strict conditions. A fresh point of law may be raised for the first time on appeal if it requires no new evidence.

In the interest of justice, the court may impose conditions upon the granting of appeal.

After hearing an appeal, an appellate court may:

• allow the appeal, setting aside the original decision in whole or in part, or dismiss the appeal, thereby affirming the lower court's judgment;
• make any final or interlocutory order(s) that ought to have been made in the first instance, effectively replacing the lower court's decision with its own;
• remit the case to the lower court for a re-trial or with specific directions to investigate a particular issue and report back; or
• award the costs of the appeal to the successful party.

The award of costs is at the discretion of the court. The general principle is that the losing party is required to pay at least a portion of the prevailing party's costs. Recoverable costs include:

• court or filing fees paid by a party;
• reasonable lawyer's remuneration for work done on the case; and
• other expenses reasonably incurred, such as travel expenses.

The court typically determines the amount of costs at the time of judgment or ruling, exercising its discretion based on the circumstances of the case. In cases of lawyers’ misconduct or delay, the court may direct the lawyer to personally pay the costs awarded against their client. A party that is unhappy about an award of costs may appeal against the award in the normal way.

When exercising its discretion to award costs, the court may consider factors which include:

• the amount of expenses, including travel, reasonably incurred by the successful party;
• the amount of court or filing fees paid;
• the length and complexity of the proceedings;
• the conduct of the parties and their lawyers during the proceedings; and
• any previous order as to costs made in the proceedings.

Additionally, the court may consider, where applicable, any offer of contribution in third-party proceedings and any payment of money in the court.

Interest is not awarded on costs.

ADR is formally integrated into and recognised within Ghana's legal system as an important complement to traditional litigation. This prominence is underscored by the enactment of the Alternative Dispute Resolution Act, 2010 (Act 798), which established a modern framework for alternative dispute settlements. The ADR methods as provided by the law are mediation, arbitration and customary arbitration. Customary arbitration is a traditional method of dispute resolution rooted in Ghanaian custom, where community elders or leaders preside over disputes according to customary law.

The Ghanaian legal system strongly and structurally promotes ADR, integrating it directly into court procedures as a primary mechanism for efficient delivery of justice.

• Statutory Mandate: The Courts Act, 1993 (Act 459) explicitly enjoins the courts to promote reconciliation and encourage the settlement of disputes. The Alternative Dispute Resolution Act, 2010 (Act 798) provides the legal framework for arbitration, mediation, and customary arbitration.
• The circuit and High Court rules make ADR a mandatory step in the litigation process. At the application for directions stage, the court must enquire from the parties if they are willing to attempt settlement through ADR. Non-arbitrable claims are excepted.
• Cases heard at the commercial division of the High Court are referred to its court-connected mediation programme which is now a standard and compulsory procedural step. Parties are required to attend an initial mediation session called pre-trial conference, facilitated by a court-appointed mediator and a pre-trial judge, usually different from the trial judge, to preserve impartiality. This is not a mere inquiry but a directive.
• Institutional backing: the Judicial Service of Ghana has a dedicated ADR Directorate responsible for training mediators, managing court-connected mediation programmes, and facilitating dispute resolution across all levels of the court system.

Is settlement compulsory in ADR?

Settlement through ADR within the court system remains voluntary. The compulsory element is the attendance at and good faith engagement with the process, not the outcome. Therefore, there are no sanctions for inability to reach a settlement.

While there are no direct statutory penalties for not settling cases through ADR, the courts may use costs as a powerful tool to enforce good faith participation. This principle is rooted in the court's inherent discretion over costs and may be applied to discourage parties from wasting court time by refusing a viable settlement avenue.

See 12.2 ADR Within the Legal System.

The conduct of domestic and international arbitrations and the enforcement of arbitral awards in Ghana are primarily regulated by the Alternative Dispute Resolution Act, 2010 (Act 798). Based on the UNCITRAL Model Law on International Commercial Arbitration, it incorporates the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards as a schedule, giving it direct force of law in Ghana. For enforcement, the rules of the High Court provide the procedure for domestic awards, while the Arbitration (Foreign Awards Instrument), 1963 (L.I. 261) operationalises the New York Convention by listing countries with reciprocity.

Certain subject matters are expressly prohibited from being resolved through arbitration:

• matters relating to the national or public interest;
• matters relating to the environment;
• matters relating to the enforcement and interpretation of the constitution; and
• any other matter that by law cannot be settled by ADR, which explicitly includes criminal matters and cases involving the abuse of human rights.

For a domestic award, the grounds under which a party may apply to the High Court to set it aside include:

• a party to the arbitration was under some incapacity;
• the arbitration agreement is not valid;
• a party was not given proper notice or was unable to present its case;
• the award deals with a dispute not within the scope of the arbitration agreement;
• the composition of the tribunal or the arbitration procedure was not in accordance with the agreement of the parties;
• the arbitrator failed to disclose a conflict of interest;
• the subject matter cannot be settled by arbitration; and
• the award was induced by fraud or corruption.

An application to set aside the award must be made within three months of the award.

The High Court in Ghana may refuse to enforce a foreign arbitral award only for specific reasons. The party opposing enforcement must provide proof of one of these matters:

• the arbitration agreement was not legally valid, or a party did not have the legal capacity to sign it;
• a party was not properly notified about the arbitration or was not given a real chance to present their case;
• the award decided issues that the parties had not agreed to send to arbitration;
• the way the arbitrators were chosen or how the arbitration was run did not follow the parties' agreement or the law of the country where it was held;
• a court in the country where the award was made has already cancelled or suspended it; or
• the award was against public policy.

The High Court has jurisdiction and follows distinct procedures for enforcing domestic and foreign awards.

Enforcing a Domestic Award

The award-creditor applies to the High Court for leave to enforce the award. Once leave is granted, the award is enforced in the same manner as a judgment or order of the High Court.

Enforcing a Foreign Arbitral Award

The award-creditor must apply to the High Court by a motion supported by an affidavit and must satisfy the court of several conditions:

• that the award was made by a competent authority under the laws of the country where it was made;
• that a reciprocal arrangement exists between Ghana and that country via the New York Convention or other ratified convention; and
• no appeal is pending against the award.

The applicant must furnish the court with an original or authenticated copy of the award and arbitration agreement. Any document not in English must be accompanied by a certified true translation. If the application is successful, the foreign award is enforced as a Ghanaian judgment.

There are proposals to amend the State (Property and Contract) Act of 1960, to include a provision to the effect that contracts involving the government of Ghana will designate Ghana as the default location for arbitration.

The main area of growth for commercial disputes is the construction and infrastructure sectors.