Procedures
High Court Rules CI 47 with case management, ADR referral and a commercial division
Civil proceedings follow the High Court (Civil Procedure) Rules 2004 (CI 47), which introduced pre-trial case management conferences and directed settlement efforts. The Commercial Division handles business disputes with mandatory pre-trial settlement conferences, and the Alternative Dispute Resolution Act 2010 governs arbitration and mediation.
Key rules
- Jurisdiction — District, Circuit and High Courts by value and subject; Commercial Division for business disputes; Court of Appeal and Supreme Court above.
Governing law
- High Court (Civil Procedure) Rules, 2004 (CI 47) — Case management under Order 32.
- Alternative Dispute Resolution Act, 2010 (Act 798) — Arbitration, mediation and customary arbitration; subject-matter exclusions.
- Courts Act, 1993 (Act 459) — Jurisdiction and reciprocal enforcement of foreign judgments.
In practice
CI 47 modernised Ghanaian civil procedure with pleadings, discovery, interlocutory applications and a case management regime under Order 32 in which the judge sets a trial timetable. The Commercial Division of the High Court, created in 2005, requires parties to attempt settlement at a pre-trial conference before a judge other than the trial judge, and a substantial share of commercial cases settle there. The ADR Act 2010 (Act 798) provides a modern arbitration framework, recognises customary arbitration, and excludes from arbitration matters concerning the national or public interest, the environment, the enforcement of the Constitution and other specified subjects. Appeals lie to the Court of Appeal and then the Supreme Court. Execution is by writ of fieri facias, garnishee, charging order or committal, and judgments of superior courts of specified countries are enforceable by registration under the Courts Act.