WHO WE ARE

ABOUT THE HIGH COURT - COMMERCIAL DIVISION, GHANA

A Specialist Court set up as part of judicial reforms in 2005. The court has refined the responsiveness and efficiency of the legal and judicial environment for businesses in Ghana through mandatory ADR in pre-trial settlement conferences.

Currently there are ten (10) Commercial courts in Accra; two (2) in Cape Coast, two (2) in Koforidua, four (4) in Kumasi, two (2) in Sekondi-Takoradi, two (2) in Sunyani and two (2) in Tamale. This gives businesses flexibility to litigate in proximity to their location.

MANDATE
To promote the rule of law, transparency, efficiency, speedy and expeditious administration of Commercial justice.
To restore the confidence of the business community in the judicial system.
To promote the smooth and efficient administration of commercial justice. 

WHAT WE DO
Jurisdiction is statutorily set out in Order 58 of the High Court (Civil Procedure) Rules 2004, CI 47. The following under the Order constitute a commercial cause or matter:

Rule 2—Nature of Commercial Claim

A commercial claim is any claim arising out of trade and commerce and includes any claim relating to:

 

  • The formation or governance of a business or commercial organization.
  • The winding up or bankruptcy of a Commercial or business or commercial organization or corporate person.
  • The restructuring or payment of commercial debts by or to business or commercial organization or person.
  • A business document or contract.
  • The export or import of goods.
  • The carriage of goods by sea, air, land or pipeline.
  • The exploration of oil and gas reserves.
  • Insurance and reinsurance.
  • Banking and financial services
  • Business agency;
  • Disputes involving Commercial Arbitration and other settlements awards.
  • Intellectual property rights, including patents, copyrights, and trademarks.
  • Tax matters.
  • Commercial fraud.
  • Application under the Companies Code, 1969 (Act 179)
  • Other claims of commercial nature.

The purpose of the commercial court is to:

  • Allow business and commercial disputes to be resolved with expertise, technology, and efficiency; 
  • Enhance the accuracy, consistency, and predictability of decisions in business and commercial cases; 
  • Enhance economic development in Ghana by furthering the efficient and predictable resolution of business and commercial law disputes; and 
  • Employ and encourage electronic information technologies, such as e-filing, e-discovery, telephone/video conferencing, and employ early alternative dispute resolution interventions, as consistent with Ghanaian law. 

To assure expeditious proceedings, the court uses several special rules to ensure that the judge, rather than the parties, control the management of the cases. Order 58 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) requires the court to conduct mandatory pre-trial conferences within 30 days of the closure of pleadings.
 
Mediation is handled by judges who are all trained mediators. Where mediation fails, cases are referred to a different Judge for trial.
When cases are settled at the mediation level, the court can conclude final settlement between three to six months.
complete a case at the trial level in about three to six months.
 
The court ensures quality management through the court administrator, and two oversight bodies: The Management Committee and Users Committee which are responsible for maintaining the court’s efficient and transparent operations.



 

GENERAL ENQUIRIES

Location: John Evans Atta Mills High Street

Contact Numbers: +233 748100 / 748101 / 748102

Connect with us

Commercial Court Accra Ghana

  • John Evans Atta-Mills High St., Accra

  • +233 302-748-100

  • +233 302-748-101
  • commercialcourts@jsg.gov.gh

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