Courts Act 1993 (ACT 459)
The Supreme Court is made up of the Chief Justice and at least nine other Justices. The Chief Justice presides at sittings, or the most senior Justice does if the Chief Justice is absent. A person may be appointed as a Supreme Court Justice only if they meet the stated character and experience requirements.
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About this statute
The Supreme Court is made up of the Chief Justice and at least nine other Justices. The Chief Justice presides at sittings, or the most senior Justice does if the Chief Justice is absent. A person may be appointed as a Supreme Court Justice only if they meet the stated character and experience requirements. The Supreme Court is the final court of appeal and has broad jurisdiction and powers. It is not bound by decisions of other courts, may depart from its own previous decisions in appropriate cases, and other courts must follow its legal decisions. The Supreme Court has exclusive original jurisdiction over constitutional interpretation and enforcement matters, and lower courts must stay proceedings and refer related questions of law to it. This section sets when appeals can go from the Court of Appeal to the Supreme Court, including appeals as of right, appeals with leave, and special leave applications. The Supreme Court may supervise all courts and adjudicating authorities and issue orders and directions to enforce that supervisory power.
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Provisions of Courts Act 1993 (ACT 459)
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Composition of Supreme Court and qualification of its Justices
The Supreme Court is made up of the Chief Justice and at least nine other Justices. The Chief Justice presides at sittings, or the most senior Justice does if the Chief Justice is absent. A person may be appointed as a Supreme Court Justice only if they meet the stated character and experience requirements.
Section 1—Composition of Supreme Court and Qualification of its Justices. (1) The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court. (2) The Supreme Court shall be duly constituted for its work by not less than five Supreme Court Justices except as otherwise provided in section 7 of this Act. (3) The Chief Justice shall preside at sittings of the Supreme Court and in his absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside. (4) A person shall not be qualified for appointment as a Justice of the Supreme Court unless he is of high moral character and proven integrity and is of not less than fifteen years' standing as a lawyer. - 2 Verify source ↗
General jurisdiction of Supreme Court
The Supreme Court is the final court of appeal and has broad jurisdiction and powers. It is not bound by decisions of other courts, may depart from its own previous decisions in appropriate cases, and other courts must follow its legal decisions.
Section 2—General Jurisdiction of Supreme Court. (1) The Supreme Court shall be the final court of appeal and shall have such appellate and other jurisdiction as may be conferred on it by the Constitution or by any other law. 7 (2) The Supreme Court shall not be bound to follow the decisions of any other court. (3) The Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the Supreme Court on questions of law. (4) For the purposes of hearing and determining a matter within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any matter, and for the purposes of any other authority, expressly or by necessary implication given to the Supreme Court by the Constitution or any other law, the Supreme Court shall have all the powers, authority and jurisdiction vested in any court established by the Constitution or any other law. (5) The determination of any question before the Supreme Court shall be in accordance with the opinion of the majority of the members hearing the case. - 3 Verify source ↗
Original jurisdiction of Supreme Court
The Supreme Court has exclusive original jurisdiction over constitutional interpretation and enforcement matters, and lower courts must stay proceedings and refer related questions of law to it.
Section 3—Original Jurisdiction of Supreme Court. (1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of the Constitution, the Supreme Court shall have exclusive original jurisdiction in— (a) all matters relating to the enforcement or interpretation of the Constitution; and (b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under the Constitution. (2) Where an issue that relates to a matter or question referred to in subsection (1) of this section arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court. - 4 Verify source ↗
Appellate jurisdiction of Supreme Court
This section sets when appeals can go from the Court of Appeal to the Supreme Court, including appeals as of right, appeals with leave, and special leave applications.
Section 4—Appellate Jurisdiction of Supreme Court. (1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court— (a) as of right, in any civil or criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a Judgment of the High Court or a Regional Tribunal in the exercise of its original jurisdiction; (b) with the leave of the Court Appeal, in any other cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that the case involves a substantial question of law or is in the public interest; (c) as of right, in any cause or matter relating to the issue or refusal of writ or order of habeas corpus, certiorari, mandamus, prohibition or quo warranto. (2) Notwithstanding subsection (1) of this section, the Supreme Court may entertain an application for special leave to appeal to the Supreme Court in any cause or matter (including interlocutory matter) civil or criminal, and may grant leave accordingly. 8 (3) The Supreme Court shall have appellate jurisdiction, to the exclusion of the Court of Appeal to determine matters relating to the conviction or otherwise of a person for high treason or treason by the High Court. (4) An appeal from a decision of the Judicial Committee of the National House of Chiefs shall lie to the Supreme Court with the leave of that Judicial Committee or the Supreme Court. (5) Subject to subsection (2) of this section, the Supreme Court shall not entertain any appeal unless the appellant has fulfilled all the conditions of appeal prescribed under the Rules of Court. - 5 Verify source ↗
Supervisory jurisdiction of Supreme Court
The Supreme Court may supervise all courts and adjudicating authorities and issue orders and directions to enforce that supervisory power.
Section 5—Supervisory Jurisdiction of Supreme Court. The Supreme Court shall have supervisory jurisdiction over all courts and over any adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory power. - 6 Verify source ↗
Powers of Supreme Court to review its decisions
The Supreme Court may review its own decisions, subject to grounds and conditions set by rules of court.
Section 6—Power of Supreme Court to Review its Decisions. (1) The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court. (2) The Supreme Court, when reviewing its decisions under this section, shall be constituted by not less than seven Justice of the Supreme Court. - 7 Verify source ↗
Powers of a single Justice of Supreme Court
A single Justice may exercise some Supreme Court powers, but not powers involving deciding a cause or matter before the Court.
Section 7—Powers of a Single Justice of Supreme Court. A single Justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of a cause or matter before the Supreme Court except that— (a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three Justices of the Supreme Court; and (b) in civil matters, any order, direction or decision made or given under this section may be varied, discharged or reversed by the Supreme Court, constituted by three Justices of the Supreme Court. - 8 Verify source ↗
Production of official documents in court
The Supreme Court decides whether certain official documents may be withheld from production in court, and related proceedings are handled in camera.
Section 8—Production of Official Documents in Court. (1) The Supreme Court shall have exclusive jurisdiction to determine whether an official document shall not be produced in court because its production or the disclosure of its contents will be prejudicial to the security of the State or will be injurious to the public interest. (2) Where any issue referred to in subsection (1) of this section arises as to the production or otherwise of an official document in any proceedings before any court, other than the Supreme Court the proceedings in that other court shall be suspended while the Supreme Court examines the document and determines whether the document should be produced or not; and the Supreme Court shall make the appropriate order. 9 (3) The proceedings of the Supreme Court as to whether an official document may be produced shall be held in camera. (4) For the purpose of this section, the Supreme Court may— (a) order any person or authority that has custody, legal or otherwise of the document to produce it; and any person so ordered shall produce the document for the purpose of inspection by the Supreme Court; and (b) determine whether or not the document shall be produced in the Court from which the reference was made after hearing the parties to it or their legal representatives or after having given them the opportunity of being heard. (5) Where the Supreme Court is of the opinion that the document should be produced it shall make an order that the person or authority that has custody of the document shall produce it or shall produce so much of the contents of it as is essential for the proceeding in accordance with the terms of the order. (6) Where the question of the production of an official document arises in any proceedings in the Supreme Court in the circumstances mentioned in subsection (1) of this section, the Supreme Court shall be governed, with such modifications as may be necessary, by the provisions of this section for the determination of the question that has arisen. (7) Where there is a doubt as to whether any document referred to in clause (2) of article 121 of the Constitution (which prohibits the production by public officers of certain documents in proceedings before the Parliament) is injurious to the public interest or prejudicial to the security of the State, the Speaker or the National Security Council as the case may be, shall refer the matter to the Supreme Court for determination by that Court whether the production or the disclosure of the contents of the document would be injurious to the public interest or prejudicial to the security of the state. (8) Subsections (4) and (5) of this section shall, with such modifications as may be necessary, apply to a determination by the Supreme Court under subsection (7) as they apply to a determination under subsection (2) of this section. - 9 Verify source ↗
Certain functions of Supreme Court relating to the prerogative of mercy. Sub-Part II—Court of Appeal
The President may refer a mercy petition case, or a point in it, to the Supreme Court; the Court must then hear the case or give its opinion.
Section 9—Certain Functions of Supreme Court Relating to the Prerogative of Mercy. Where a person has been convicted or sentenced for an offence by a court established under this Act and a petition is presented to the President for the grant of the prerogative of mercy in respect of the conviction or sentence, the President may, except in the case of sentence of death— (a) refer the whole case to the Supreme Court and the case shall then be heard and determined by that Court as in the case of an appeal by a person convicted; or (b) if the President desires the assistance of the Supreme Court on any point arising in the case with a view to the determination of the petition, refer that point to that Court for its opinion and the Supreme Court shall consider the point referred and furnish the President with its opinion. Sub-Part II—Court of Appeal. - 10 Verify source ↗
Composition of Court of Appeal and qualification of its Justices
This section sets out the composition of the Court of Appeal, who may serve as a Justice, and how the court decides cases.
Section 10—Composition of Court of Appeal and Qualification of its Justices. 10 (1) The Court of Appeal shall consist of— (a) the Chief Justice; (b) subject to subsections (2) and (3) of this section, not less than ten Justices of the Court of Appeal; and (c) such other Justices of the Superior Court of Judicature as the Chief Justice may, for the determination of a particular cause or matter by writing signed by him, request to sit in the Court of Appeal for any specified period. (2) The Court of Appeal shall be duly constituted by any three of the Justices referred to in subsection (1) of this section and when so constituted, the most senior of the Justices shall preside. (3) A person shall not be qualified for appointment as a Justice of the Court of Appeal unless he is of high moral character and proven integrity and is of not less that twelve years' standing as a lawyer. (4) The Chief Justice may create such divisions of the Court of Appeal as he considers necessary to sit in such places as he may determine. (5) subject to clause (3) of article 129 of the Constitution, the Court of Appeal shall be bound by its own previous decisions; and all courts lower than the Court of Appeal shall follow the decisions of the Court of Appeal on questions of law. (6) The determination of any question before the Court of appeal shall be according to the opinion of the majority of the members hearing the case - 11 Verify source ↗
Jurisdiction of Court of Appeal
The Court of Appeal can hear appeals from specified lower-court decisions, and some appeals require leave or notice within one month in criminal cases.
Section 11—Jurisdiction of Court of Appeal. (1) The Court of appeal shall have jurisdiction throughout Ghana to hear and determine, subject to the provisions of the Constitution, appeals from a judgment, decree or order of the High Court and Regional Tribunals and such other appellate jurisdiction as may be conferred on it by the Constitution or any other law. (2) Except as otherwise provided in the Constitution, an appeal shall lie as of right from a judgment, decree or order of the High Court and Regional Tribunal to the Court of Appeal. (3) The Court of Appeal shall also have jurisdiction— (a) to hear appeals from any judgment of a Circuit Court in a civil cause or matter; and (b) in any matter in which jurisdiction is conferred on the Court under any other enactment. [As substituted by the Courts (Amendment) Act, 2002 (Act 620), s.1] (4) A person aggrieved by a judgment of a Circuit Court in a civil cause or matter may appeal against the judgment to the Court of Appeal.[As substituted by the Courts (Amendment) Act, 2002 (Act 620), s.1] (5) A person aggrieved by any interlocutory order or decision made or given by a Circuit Court may appeal to the Court of appeal against the order or decision with the leave of the Circuit Court and upon a refusal with the leave of the Court of Appeal and the Court of Appeal shall have jurisdiction to hear and determine any such appeal. 11 (6) Where a party desires to appeal to the Court of Appeal in a criminal case, he shall give notice of appeal or notice of application for leave to appeal within one month of the decision appealed against; except that the time specified may at any time be extended by the court to which the appeal is being made or by the court whose decision is being appealed against. (7) The Court of Appeal shall not entertain any appeal unless the appellant has fulfilled all the conditions prescribed in that behalf by Rules of Court. (8) For the purpose of hearing and determining an appeal within its jurisdiction and the amendment, execution or enforcement of a judgment or order made on any appeal, and for the purpose of any other authority expressly or by necessary implication given to the Court of appeal by the Constitution, this Act or any other law, the Court of appeal shall have all the powers, authority and jurisdiction vested in the court from which the appeal is brought. - 12 Verify source ↗
Powers of single Justice of the court of Appeal
A single Justice of the Court of Appeal may exercise certain powers of the Court of Appeal, so long as the matter is not a decision of a cause or matter before the Court. In criminal cases, an affected person can require the full Court of Appeal to determine an application the Justice refused or granted. In civil cases, the full Court may vary, discharge, or reverse the order, direction, or decision.
Section 12—Powers of Single Justice of the Court of Appeal. A single Justice of the Court of Appeal may exercise a power vested in the Court of Appeal that does not involve the decision of a cause or matter before the Court of Appeal, except that — (a) in criminal matters where that Justice refuses or grants an application in the exercise of such power, a person affected by it is entitled to have the application determined by the Court of Appeal as duly constituted; and (b) in civil matters any order, direction or decision made or given in exercise of the powers conferred by this section may be varied, discharged or reversed by the Court of Appeal as duly constituted. - 13 Verify source ↗
Powers of the court of Appeal in special cases Sub-Part III—High Court
The Court of Appeal can change outcomes in an appeal case, including confirming or replacing sentences, substituting convictions, making orders on special verdicts, ordering custody for a criminally insane appellant, ordering a retrial, and directing safe custody matters for the President.
Section 13—Powers of the Court of Appeal in Special Cases. (1) If it appears to the Court of Appeal that an appellant, though not properly convicted on some count or part of the indictment or charge, has been properly convicted on some other count or part of the indictment or charge, the Court may either confirm the sentence passed on the appellant cases at the trial, or pass a sentence in substitution for it as it thinks proper and as may be warranted in law by the verdict on the count or part of the indictment or charge on which the Court considers that the appellant has been properly convicted. (2) Where an appellant has been convicted of an offence and the Judge, the jury or panel who tried him, could on the indictment or charge have found him guilty of some other offence, and on the finding of the Judge, jury or panel it appears to the Court of Appeal that the Judge, jury or panel must have been satisfied of facts which proved him guilty of that other offence, the Court may, instead of allowing the appeal, substitute for the verdict found by the Judge, jury or panel a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence. (3) Where on the trial of the appellant, the jury or panel have found a special verdict and the Court of Appeal considers that a wrong conclusion had been arrived at by the Court before which the appellant was convicted on the basis of that verdict, the Court of Appeal may instead of allowing the appeal, order such conclusion to be recorded as appears to the Court of appeal to be in law required by the verdict, and make such other order as may be warranted in law. 12 (4) Where after the trial of the appellant a special verdict has been found and the Court of Appeal is satisfied that the special verdict was wrongly found the Court of Appeal may set aside the verdict and substitute an order of conviction or acquittal or may make such other order as may be warranted in law. (5) If on any appeal it appears to the Court of Appeal that although the appellant was guilty of the act or omission charged against him, he was insane at the time the act was done or omission made so as not to be responsible according to law for his actions, the Court may set aside the sentence passed at the trial and order the appellant to be kept in custody as a criminally insane person in a place and in such manner as the Court shall direct until the pleasure of the President is known and the President may give orders for the safe custody of the appellant. (6) Where the Court of Appeal is of the opinion that the proceedings in the trial court were a nullity either through want of jurisdiction or otherwise, the Court of Appeal may order the appellant to be tried by a court of competent jurisdiction. (7) If the Court Appeal is satisfied that owing to exceptional circumstances the interest of justice requires that there should be a re-trial, the Court may order a re-trial on such terms and conditions as it thinks fit. Sub-Part III—High Court. - 14 Verify source ↗
Composition of High Court and qualification of its Justices
This section sets the makeup of the High Court and says who can be appointed as a Justice of the High Court.
Section 14—Composition of High Court and Qualification of its Justices. (1) The High Court shall consist of— (a) the Chief Justice; (b) not less that twenty Justices of the High Court; and (c) such other Justices of the Superior Court of Judicature or Chairmen of Regional Tribunals as the Chief Justice may, by writing signed by him, request to sit as High Court Justices for any period. (2) The High Court shall be constituted — (a) by a single Justice of the Court; or (b) by a Chairman of a Regional Tribunal; or (c) by a single Justice of the Court and jury; or (d) by a single Justice of the Court with assessors; or (e) by three Justices of the Court for the trial of the offence of high treason or treason as required by article 19 of the Constitution. (3) There shall be in the High Court such divisions consisting such number of Justices respectively as the Chief Justice may determine. (4) A person shall not be qualified for appointment as a Justice of the High Court unless he is a person of high moral character and proven integrity and is of at least ten years’ standing as a lawyer. - 15 Verify source ↗
Jurisdiction of High Court
The High Court has broad original and appellate jurisdiction, including enforcing constitutional human rights, but it cannot convict for an offence other than high treason or treason in a treason trial. A Justice of the High Court may exercise High Court jurisdiction in court or chambers under court rules.
Section 15—Jurisdiction of High Court. 13 (1) Subject to the provisions of the Constitution, the High Court shall have— (a) an original jurisdiction in all matters; (b) appellate jurisdiction in a judgment of the Circuit Court in the trial of a criminal case; (c) appellate jurisdiction in any judgment of a District Court or Juvenile Court; (d) jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by the Constitution; and (e) any other jurisdiction conferred by the Constitution, this Act or any other enactment.[As substituted by the Courts (Amendment) Act, 2002 (Act 620), s.2] (1a) For the purposes of paragraph (c) of subsection (1), an order requiring a person to enter into a recognisance is a sentence. [As inserted by Courts (Amendment) Act, 2004 (Act 674) para. (b)] (3) The High Court shall have no power, in a trial for the offence of high treason or treason, to convict any person for an offence other than high treason or treason. (4) A Justice of the High Court may, in accordance with rules of court, exercise in court or in chambers, all or any of the jurisdiction vested in the High Court by the Constitution, this Act or any other law. - 16 Verify source ↗
Supervisory jurisdiction of the High Court
The High Court has supervisory jurisdiction over lower courts and lower adjudicating authorities, and may issue orders and directions to enforce that power.
Section 16—Supervisory Jurisdiction of the High Court. The High Court shall have supervisory jurisdiction over all lower courts and any lower adjudicating authority; and may, in the exercise of that jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari, mandamus-prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory powers. - 17 Verify source ↗
High Court jurisdiction over acts of piracy
Only the High Court may try an act of piracy, except where an enactment gives a right of appeal.
Section 17—High Court Jurisdiction Over Acts of Piracy. (1) Subject to any right of appeal conferred by any enactment, only the High Court shall have jurisdiction to try an act of piracy. (2) An act of piracy shall, for the purposes of this Act, have the meaning assigned to it under section 19 of the Criminal Code, 1960 (Act. 29). - 18 Verify source ↗
High Court Jurisdiction in Relation to Infants. 2
The High Court may make guardianship, custody, maintenance, estate, and related welfare orders for infants, and the infant’s welfare is the main consideration.
Section 18—High Court Jurisdiction in Relation to Infants. (1) In addition to any jurisdiction conferred by any enactment, the High Court shall have power, subject to the provisions of any other enactment— (a) on application by any person, and after hearing any objections to the application, to appoint any person as a guardian or as joint-guardian for an infant, where the Court is of the opinion that the appointment is desirable in the circumstances having regard to the welfare of the infant; (b) on application by any person, and after hearing any objections to the application, to make such orders concerning the custody of an infant, the right of access to an infant, and weekly or other periodic payments towards the maintenance of an infant, as the Court may consider just in the circumstances, having regard to the means of the persons concerned and the welfare of the infant; 14 (c) for good cause to remove any guardian or joint-guardian and to appoint a new guardian or joint-guardian; (d) to determine any dispute between a guardian and a parent, or between joint-guardians; (e) to intervene in any guardianship where in the opinion of the Court the guardian has acted or is likely to act prejudicially to the welfare of an infant, and to make such consequential orders as the Court may consider desirable having regard to the welfare of the infant; (f) in respect of any infant to make such orders and give such directions for the control and administration of the estate of that infant, including the investment of money, as the Court may consider desirable having regard to the welfare of the infant; (g) in respect of any infant to make such orders and give such directions permitting the use of moneys for the education of the infant, or for setting him up in any occupation or career, as the court may consider desirable having regard to the welfare of the infant. (2) The welfare of the infant shall be the primary consideration of the High Court in the exercise of its powers under this section. (3) In this section, "infant" means a person under the age of eighteen years.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7]. - 19 Verify source ↗
High Court jurisdiction in relation to persons of unsound mind
The High Court may make orders about persons of unsound mind, including appointing guardians, changing those appointments, and making directions about welfare, property, contracts, and legal proceedings.
Section 19—High Court Jurisdiction in Relation to Persons of Unsound Mind. In addition to any jurisdiction conferred by any enactment, the High Court shall have power subject to the provisions of any other enactment— (a) on application by any person, and after hearing any objections to the application, to appoint any person as a guardian or as joint-guardian for a person of unsound mind or to direct the person of unsound mind to be delivered into the care of a responsible authority or a relative, where the Court is satisfied that such course is desirable to ensure the welfare of the person of unsound mind; (b) to vary or rescind for good cause an appointment made under paragraph (a) and to attach such conditions to an appointment as may appear desirable; (c) to make such orders and give such directions as appear necessary or desirable to secure the maintenance, safety and welfare of a person of unsound mind, the efficient administration, disposition and management of any of his property or affairs, and for purposes ancillary to them; (d) to make such orders as appear necessary or desirable to secure the carrying out of any contract entered into by a person of unsound mind, or the conduct of any legal proceedings in his name or on his behalf. - 20 Verify source ↗
High Court jurisdiction in maritime matters
The High Court has jurisdiction over listed maritime claims and may grant related relief and orders.
Section 20—High Court Jurisdiction in Maritime Matters. (1) The High Court shall, subject to the provisions of any other enactment, have jurisdiction to hear and determine any of the following questions or claims— (a) a question as to the title to or ownership of a ship, or the proceeds of the sale of a ship, arising in an action relating to possession, salvage, damage, necessaries, wages or bottomry; 15 (b) a question arising between the co-owners of a ship registered at a port in Ghana as to the ownership, possession, employment or earnings of that ship, or any share of it, with power to settle any account outstanding and unsettled between the parties in relation to it, and to direct the ship, or any share of it, to be sold, or to make such order as the Court thinks fit, (c) a claim for damage to a ship (whether received on the high seas or within the territorial waters or for damage done by a ship); (d) subject to section 249 of the Merchant Shipping Act, 1963 (Act 183), a claim in the nature of salvage for services rendered to a ship (including services rendered in saving life from a ship), whether rendered on the high seas or within the territorial waters, and whether a wreck in respect of which the salvage is claimed is found on sea or land; (e) a claim in the nature of towage, whether the services were rendered on the high seas or within the territorial waters; (f) a claim for necessaries supplied to a foreign ship (whether supplied on the high seas or within the territorial waters) and a claim for necessaries supplied to a ship elsewhere than in the port to which the ship belongs; (g) a claim by a seaman for wages earned by him on board a ship, whether due under a special contract or otherwise, and a claim by the master of a ship for salary earned by him on board the ship and for disbursements made by him on account of the ship; (h) a claim in respect of a mortgage of any ship, being a mortgage duly registered under the Merchant Shipping Act, 1963 (Act 183), or in respect of any mortgage of a ship which is, or the proceeds of which are, under the arrest of the Court; (i) a claim for building, equipping or repairing a ship, if at the time of the institution of the proceedings the ship is, or the proceeds of it are, under the arrest of the Court; (j) a claim arising out of an agreement relating to the use or hire of a ship, or the carriage of goods or persons in a ship, or in tort in respect of goods or persons carried in a ship. (2) The High Court also has power— (a) in an action of restraint instituted by part-owners, to give such relief as it considers just and equitable, including the imposition of bail on defendant part-owners to ensure the safe return of any ship; (b) to remove for good cause the master of any ship within the jurisdiction of the High Court and to appoint a new master; (c) to give such relief as it considers just and equitable including the granting of injunctions, in respect of injurious acts done upon the high seas. (3) In this section, "damage" includes loss of life and personal injuries, and "ship" includes any description of vessel used in navigation not propelled by oars. - 21 Verify source ↗
Rights of Appeal to the High Court
This section lets certain people appeal to the High Court, but some appeals need leave and the appellant must meet Rules of Court conditions.
Section 21—Rights of Appeal to the High Court. 16 (1) The prosecution or a person convicted of an offence in a criminal case, tried by a Circuit Court or tried by a District or Juvenile Court may appeal against the judgment to the High Court. (2) A person aggrieved by any judgment of a District Court in a civil matter may appeal against the judgment to the High Court. (3) A person aggrieved by an interlocutory order or decision made or given by a District Court may appeal against the decision or order to the High Court with the leave of the District Court or of the High Court and the High Court shall have jurisdiction to hear and determine the appeal. (4) An appeal under this section against a judgment of a Circuit, District or a Juvenile Court, shall, subject to any transfer directed by the Chief Justice, be made to the Judge of the High Court exercising jurisdiction over the area of jurisdiction of the Circuit, District or Juvenile Court. (5) The High Court shall not entertain any appeal unless the appellant has fulfilled all conditions imposed in that behalf by Rules of Court.[As substituted by the Courts (Amendment) Act, 2002 (Act 620), s.3] - 22 Verify source ↗
High Court Masters Sub-Part IV—Regional Tribunals
The Chief Justice may appoint qualified lawyers as Masters of the High Court, and a Master may have prescribed duties and hear appeals from a Master’s decision may go to the Court of Appeal with leave.
Section 22—High Court Masters. (1) The Chief Justice acting in accordance with the advice of the Judicial Council and with the approval of the President, may appoint a lawyer of not less than ten years standing as a Master of the High Court for such period and subject to such terms and conditions as the Chief Justice may determine. (2) A Master appointed under this section shall have such powers and duties as may be prescribed by legislative instrument issued by the Chief Justice and shall perform such other functions as the Chief Justice may direct. (3) A person aggrieved by an order or decision of a Master may by leave of that Master or of the Court of Appeal, appeal to the Court of Appeal against the order or decision and the Court of appeal shall have power to hear and determine the appeal. Sub-Part IV—Regional Tribunals - 23 Verify source ↗
Regional Tribunal
A Regional Tribunal must be made up of the Chief Justice, one Chairman, and designated panel members; the Chairman must meet High Court Justice qualifications, and panel members must be of high moral character and proven integrity.
Section 23—Regional Tribunal. (1) A Regional Tribunal shall consist of— (a) the Chief Justice; (b) one Chairman; and (c) such members who may or may not be lawyers as shall be designated by the Chief Justice to sit as panel members of a Regional Tribunal and for such period as shall be specified in writing by the Chief Justice. (2) A Regional Tribunal shall in the exercise of its original jurisdiction be duly constituted by a panel consisting of the Chairman and not less than two or more than four other panel members. 17 (3) A person shall not be appointed to be a Chairman of a Regional Tribunal unless he is qualified to be appointed a Justice of the High Court. (4) A panel member of a Regional Tribunal shall be a person of high moral character and proven integrity. (5) The Chief Justice or any Justice of the High Court or Court of Appeal nominated by the Chief Justice may sit as a Chairman of a Regional Tribunal. - 24 Verify source ↗
Original and appellate jurisdiction of Regional Tribunal
A Regional Tribunal can hear certain criminal matters, but it cannot try a case that requires a jury or assessors.
Section 24—Original and Appellate Jurisdiction of Regional Tribunal. (1) Subject to the provisions of the Constitution, this Act and any other law, a Regional Tribunal shall have concurrent original jurisdiction with the High Court in all criminal matters and shall in particular try— (a) the special offences specified under Chapter 4 of Part III of the Criminal Code 1960 (Act 29); (b) offences arising under— (i) Customs, Excise and Preventive Services Management Law, 1993 (P.N.D.C.L. 330); (ii) Income Tax Decree, 1975 (S.M.C.D 5); (iii) Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (P.N.D.C.L.236); and (c) any other offence involving serious economic fraud, loss of state funds or property. (2) A Regional Tribunal does not have jurisdiction to try a criminal offence if the trial requires the participation of a jury or assessors. (3) [Repealed by the Courts (Amendment) Act, 2002 (Act 620), s.8(2)] (4) [Repealed by the Courts (Amendment) Act, 2002 (Act 620), s.8(2)] (5) [Repealed by the Courts (Amendment) Act, 2002 (Act 620), s.8(2)] (6) [Repealed by the Courts (Amendment) Act, 2002 (Act 620), s.8(2)] - 25 Verify source ↗
Trial by Regional Tribunal
A Regional Tribunal has High Court powers in its jurisdiction, including power to make criminal orders and sentences. High Court criminal-trial evidence and procedure rules also apply to Regional Tribunal trials, subject to this Sub-Part.
Section 25—Trial by Regional Tribunal. (1) Subject to the Constitution, this Act and any other enactment, a Regional Tribunal shall in the exercise of its jurisdiction have and exercise all the powers conferred on the High Court by this Act or any other enactment and shall have power to issue in criminal matters any order or impose any sentence which a High Court may issue or impose. (2) For the avoidance of doubt, the Criminal Procedure Code, 1960 (Act 30), the Evidence Decree 1975, (N.R.C.D. 323), the Rules of court and all other rules of evidence and procedure applicable to the High Court in criminal trials shall, subject to the provisions of this Sub-Part, apply to trials before a Regional Tribunal.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7]. - 26 Verify source ↗
Decision of Regional Tribunal and Appeals Against Decisions of Regional Tribunal
Regional Tribunal decisions are decided by majority; in some convictions, the Tribunal must grant bail on notice of appeal; appeals go to the Court of Appeal, which can only hear them if court rules are satisfied.
Section 26—Decision of Regional Tribunal and Appeals Against Decisions of Regional Tribunal. 18 (1) The determination of any question before a Regional Tribunal in the exercise of its original jurisdiction shall be in accordance with the opinion of the majority of the members hearing the case.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] (2) Where the majority does not include the Chairman and the accused is convicted, the accused shall, where he gives notice to appeal against the decision, be granted bail by the Tribunal, subject to such conditions as the Tribunal may determine. (3) A person aggrieved by a judgment, decision or order of a Regional Tribunal in any matter before the Tribunal may appeal against it to the Court of Appeal. (4) The Court of Appeal shall not entertain an appeal under this section unless all conditions prescribed by rules of court have been complied with. - 27 Verify source ↗
Appointment of panel members of Regional Tribunal other than the Chairman. Sub-Part V—Provisions relating to Appeals before the Superior Courts and other General Provisions Relating to the Superior Courts
The Chief Justice appoints Regional Tribunal panel members other than the Chairman, after consulting the Regional Co-ordinating Council and on the advice of the Judicial Council.
Section 27—Appointment of Panel Members of Regional Tribunal other than the Chairman. (1) The panel members of a Regional Tribunal other than the Chairman shall be appointed by the Chief Justice in consultation with the Regional Co-ordinating Council for the region and on the advice of the Judicial Council. (2) Except as otherwise provided in this Act, the Chief Justice on the advice of the Judicial Council shall determine the qualifications and tenure of office of members of Regional Tribunal other than the Chairman. Sub-Part V—Provisions Relating to Appeals before the Superior Courts and Other General Provisions Relating to the Superior Courts. - 28 Verify source ↗
Death sentence not to be executed while appeal is pending
A death sentence must not be carried out while a related appeal is pending.
Section 28—Death Sentence not to be Executed while Appeal is Pending. Where an appeal to a Superior Court relates to a conviction involving a sentence of death— (a) the sentence shall not be executed until after the expiration of the time within which notice of appeal or of an application for leave to appeal may be given; and (b) if notice is given the sentence shall not be executed until the expiration of seven days after the determination or discontinuance of the appeal or until the expiration of seven days after the application for leave to appeal is finally refused or withdrawn. - 29 Verify source ↗
Suspension of court order where there is appeal
Court-ordered compensation, prosecution expenses, or property restoration made after a conviction is generally suspended while appeal time runs or an appeal is pending. The trial court may order immediate enforcement for stolen property cases where title is not disputed.
Section 29—Suspension of Court Order Where There is Appeal. (1) Where a court has on conviction of a person ordered payment of compensation, payment of any expenses of the prosecution or the restoration or revesting of property in a person, the operation of the order shall be suspended — (a) until the expiration of the period within which an appeal may be brought; and (b) where notice of appeal or notice of application for leave to appeal is given in accordance with law, until the determination of the appeal or until the refusal of leave to appeal or withdrawal of the application for leave to appeal. (2) Where the operation of an order is suspended pending determination of the appeal, the order shall, unless the appellate court otherwise directs, not take effect if the conviction is quashed on appeal. 19 (3) Notwithstanding the other provisions of this section the trial court may in the case of stolen property where the title to the property is not in dispute, order the immediate enforcement of the order. - 30 Verify source ↗
Orders available to Superior Courts over appeals
An appellate court may make a range of orders in criminal appeals, including reversing, altering, annulling, or varying findings, sentences, and related orders.
Section 30—Orders available to Superior Courts over appeals. Subject to the provisions of this Sub-Part, an appellate court may in a criminal case— (a) on an appeal from a conviction or acquittal— (i) reverse the finding and sentence and acquit and discharge or convict the accused as the case may be or order him to be retried by a court of competent jurisdiction, or commit him for trial; or (ii) alter the finding, maintaining the sentence or with or without altering the finding, reduce or increase the sentence; or the sentence; or (iii) with or without such reduction or increase and with or without altering the finding alter the nature of the sentence; or (iv) annul the conviction and substitute a special finding to the effect that the accused was guilty of the act or omission charged but was criminally insane so as not to be responsible for his action at the time when he did the act or made the omission and order the accused to be confined as a criminally order insane person in a mental hospital, prison or other suitable place of safe custody; (v) annul or vary any order of imprisonment or other punishment imposed on the person convicted; (vi) annul or vary any order for payment of compensation or of expenses of the prosecution or for the restoration of property to any person whether or not the conviction is quashed; (b) on an appeal from any other order, alter or reserve the order, and in either case make any amendment or any consequential or incidental order that may appear just and proper. - 31 Verify source ↗
Appeal in criminal matters allowed on substantial miscarriage of justice
An appellate court hearing a criminal appeal must allow it in some cases and must dismiss it in others, depending on whether there was a substantial miscarriage of justice or only certain technical or pleading defects.
Section 31—Appeal in Criminal Matters Allowed on Substantial Miscarriage of Justice. (1) Subject to subsection (2) of this section an appellate court on hearing any appeal before it in a criminal case shall allow the appeal if it considers that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence or that the judgment in question ought to be set aside on the ground of a wrong decision of any question of law or fact or that on any ground there was a miscarriage of justice and in any other case shall dismiss the appeal. (2) The court shall dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred or that the point raised in the appeal consists of a technicality or procedural error or a defect in the charge or indictment but that there is evidence to support the offence alleged in the statement of offence in the charge or indictment or any other offence of which the accused could have been convicted upon that charge or indictment. (3) Without prejudice to the generality of subsections (1) and (2) of this section— 20 (a) where the charge upon which a person is being tried is amended in the course of the trial and the accused is not called upon to plead to the amended charge, but the case proceeds as if the accused had pleaded not guilty to the amended charge, an appeal based only on the failure to call upon the accused to plead to the amended charge shall be dismissed; (b) where a person is charged with an offence such as defrauding by false pretences or forgery and the particulars of the offence in the charge or indictment omit to allege an intent to defraud or any other intent forming part of the offence but evidence is led of such intent, an appeal based only on the omission in the charge or indictment shall be dismissed; (c) where a person is charged with corruption or extortion as a public officer and the charge or indictment omits to allege in the particulars of offence that the accused is a public officer but evidence is led that the accused is such an officer, an appeal based only on the omission shall be dismissed; or (d) where a person is charge with false pretences, stealing or other offence relating to property and the charge omits to allege the ownership of the property in question or that the person defrauded parted with the ownership of the property but evidence is led of the particulars omitted, an appeal based only on the omission shall be dismissed - 32 Verify source ↗
Order for production of document
The appellate court may, subject to article 135 of the Constitution, order production of documents or other items, require certain witnesses to attend and be examined, and admit depositions as evidence when it considers this necessary or expedient in the interests of justice.
Section 32—Order for Production of Document. Subject to article 135 of the Constitution, in the exercise of its jurisdiction the appellate court may if it thinks it necessary or expedient in the interest of justice— (a) order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the case; (c) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the court, whether they were or were not called at the trial, or order the examination of the witnesses to be conducted in a manner provided by rules of court, or in the absence of rules of court, in such manner as the Court may direct, before any Justice of the Court or before any officer of the Court or other person appointed by the court for the purpose, and allow the admission of any depositions taken as evidence before the court. - 33 Verify source ↗
Other general provisions relating to appeals before Superior Courts
The court may grant bail or suspend a sentence pending appeal, and an appellant in custody can ask to be present at the hearing unless removed for misconduct.
Section 33—Other General Provisions Relating to Appeals before Superior Courts. (1) The court before which a person is convicted or the court to which an appeal is made may if it thinks fit on the application of an appellant grant the appellant bail pending the determination of his appeal. (2) Where an appeal has been lodged by a person entitled to appeal, the court to which the appeal is made may, pending the hearing and for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended. (3) The time during which an appellant is released on bail pending the determination of his appeal shall not count as part of any term of imprisonment under his sentence. (4) Subject to subsection (3) and to any directions which may be given by the court, a sentence of imprisonment shall begin to run as from the day on which the prisoner is received into prison under the sentence. 21 (5) Where a question of law is reserved for the consideration of the Court of Appeal under section 100 of this Act, the provisions of this section shall, with the necessary modifications apply to the person in relation to whose conviction the question of law is reserved as it applies to an appellant. (6) An appellant who is in custody shall, if he so desires, be entitled to be present at the hearing of the appeal unless he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the Court orders him to be removed for the trial to proceed in his absence; but the appellate court may exercise any power to pass sentence notwithstanding that the appellant is for any reason not present. (7) Where the appeal is by the prosecution the respondent shall be entitled, with such modifications as may be necessary, to the rights of the appellant under this section. (8) Subject to the provisions of the Constitution the judgment of an appellate court on any appeal shall be enforced in the same manner as if it were a judgment of the court from whose decision the appeal was brought. (9) For the removal of doubt an appellate court shall, in a criminal case have power to impose only such sentence as could have been imposed by the court by which the case was tried. (10) An appeal in a criminal case shall abate on the death of the person to whom the decision against which the appeal is brought relates except that this subsection shall not apply to any order requiring the payment of a fine, costs or compensation or the delivery or restitution of any property or the payment of its value or the destruction or forfeiture of any property. - 34 Verify source ↗
Dismissal of frivolous appeals
The Supreme Court may summarily dismiss an appeal if it is frivolous, vexatious, or shows no substantial ground.
Section 34—Dismissal of Frivolous Appeals. (1) Where the Supreme Court considers that an appeal made to the Court is frivolous or vexatious or does not show any substantial ground of appeal, the Court may dismiss the appeal summarily without calling on any person to attend the hearing. (2) Without prejudice to the generality of subsection (1) of this section an appeal against a conviction in a criminal case may be dismissed summarily under that subsection where the appellant has pleaded guilty and has been convicted on his own plea. - 35 Verify source ↗
Offer of Compensation or Restitution
An accused may offer compensation or restitution; the prosecutor and court must assess it, and if accepted the court may convict on the accused’s plea and order payment instead of sentence.
Section 35—Offer of Compensation or Restitution. (1) Where a person is charged with an offence before the High Court or a Regional Tribunal, the commission of which has caused economic loss, harm or damage to the State or any State agency, the accused may inform the prosecutor whether the accused admits the offence and is willing to offer compensation or make restitution and reparation for the loss, harm or damage caused. (2) Where an accused makes an offer of compensation or restitution and reparation, the prosecutor shall consider if the offer is acceptable to the prosecution. (3) If the offer is not acceptable to the prosecution the case before the Court shall proceed. (4) If the offer is acceptable to the prosecution, the prosecutor shall in the presence of the accused, inform the Court which shall consider if the offer of compensation or restitution and reparation is satisfactory. 22 (5) Where the Court considers the offer to be satisfactory, the Court shall accept a plea of guilty from the accused and convict the accused on his own plea, and in lieu of passing sentence on the accused, make an order for the accused to pay compensation or make restitution and reparation. (6) An order of the Court under subsection (5) shall be subject to such conditions as the Court may direct. (7) Where a person convicted under this section defaults in the payment of any money required of the person under this section or fails to fulfil any condition imposed by the Court under subsection (6), any amount outstanding shall become due and payable and upon failure to make the payment, the Court shall proceed to pass a custodial sentence on the accused. [As substituted by the Courts (Amendment) Act, 2002 (Act 620), s.4] - 36 Verify source ↗
Contempt of Superior Court of Judicature, etc
The Superior Courts of Judicature have power to punish contempt and to issue orders needed to enforce their judgments, decrees, or orders.
Section 36—Contempt of Superior Court of Judicature Etc. (1) The Superior Courts of Judicature shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of the Constitution in relation to contempt of court. (2) In the exercise of the judicial power conferred upon the Judiciary by the Constitution, this Act or any other law, the Superior Court of Judicature shall have power, in relation to any matter within its jurisdiction, to issue such orders as may be necessary to ensure the enforcement of any judgment, decree or order of the Court. - 37 Verify source ↗
Seals of Superior Court of Judicature
The listed superior courts must each have a seal, and the Chief Justice may prescribe its form.
Section 37—Seals of Superior Court of Judicature. (1) The Supreme Court, the Court of Appeal, the High Court and the Regional Tribunal shall each have a seal which shall— (a) be used as occasion may require; (d) have a device or an impression of the Arms of Ghana with the inscription of the words "Superior Court of Judicature" together respectively, with the words "Supreme Court", "Court of Appeal", "High Court of Justice", or "Regional Tribunal", and (c) be in such form as the Chief Justice may prescribe. (2) The seal of the Supreme Court shall be kept by the Chief Justice and a duplicate of the seal shall be kept by each Justice of the Court or by any other public officer approved by the Chief Justice. (3) The seal of the Court of Appeal shall be kept by the Chief Justice and a duplicate of the seal shall be kept by each Justice of the Court or by any other public officer approved by the Chief Justice. (4) The seal of the High Court of Justice shall be kept by the Chief Justice and a duplicate of the seal shall be kept by each Justice of the Court or by any other public officer approved by the Chief Justice. (5) The seal of a Regional Tribunal shall be kept by the Chief Justice and a duplicate shall be kept by the Chairman of the Regional Tribunal or by any other public officer approved by the Chief Justice. 23 - 38 Verify source ↗
Places of sittings of Superior Court of Judicature PART II—LOWER COURTS
The Chief Justice may तयermine where the Supreme Court, Court of Appeal, High Court, and Regional Tribunal usually sit, subject to the Constitution; proceedings are not invalid just because a sitting happens elsewhere.
Section 38—Places of sittings of Superior Court of Judicature. Subject to the provisions of clause (4) of article 136 of the Constitution, the sittings of the Supreme Court, the Court of Appeal, the High Court or a Regional Tribunal shall be usually held in such places as the Chief Justice may determine, except that the proceedings of any such Court shall not be invalidated by the fact that the sittings of the Court in relation to any proceedings took place in a place other than a place determined under this section. PART II—LOWER COURTS. - 39 Verify source ↗
Establishment of Lower Courts Sub-Part I—Circuit Courts
This section establishes the country’s lower courts: Circuit Courts, District Courts, Juvenile Courts, and certain chieftaincy bodies for chieftaincy matters.
Section 39—Establishment of Lower Courts. The following are by this Act established as the lower courts of the country— (a) Circuit Courts; (b) District Courts; (c) Juvenile Courts; (d) the National House of Chiefs, Regional Houses of Chiefs and every Traditional Council, in respect of the jurisdiction of any such House or Council to adjudicate over any cause or matter affecting chieftaincy; and - 40 Verify source ↗
Circuit Courts and Judges
This section sets up Circuit Courts in each Region, gives the Chief Justice control over their jurisdiction and sittings, and requires qualified judges.
Section 40—Circuit Courts and Judges. (1) There shall be established in each Region such Circuit Courts as the Chief Justice may determine. (2) The Chief Justice shall specify the area of jurisdiction of each Circuit Court. (3) There shall be assigned for each Circuit Court a Judge who shall be appointed, subject to the approval of the President, by the Chief Justice acting on the advice of the Judicial Council. (4) A person shall not be appointed a Circuit Court Judge unless he is of high moral character and proven integrity and is of not less than five years standing as a lawyer . (5) Every Circuit Court Judge shall exercise the jurisdiction conferred upon him by this Act or any other enactment for the time being in force in respect of causes and matters arising within his area of jurisdiction. (6) A Circuit Court shall hold its sittings at such places and times as the Chief Justice may direct. (7) Subject to any direction of the Chief Justice, the sittings of a Circuit Court shall be held at such places and times as the Circuit Court Judge may think fit. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 41 Verify source ↗
Superior Court Judge to sit as Circuit Courts Civil in Matters
The Chief Justice, or a Superior Court of Judicature Justice nominated by the Chief Justice, may sit as a Circuit Court Judge.
Section 41—Superior Court Judge to sit as Circuit Court Judge. Without prejudice to subsection (3) of section 40, the Chief Justice, or any Justice of the Superior Court of Judicature nominated by the Chief Justice may sit as a Circuit Court Judge. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 42 Verify source ↗
Jurisdiction of Circuit Courts Civil in Matters
This section sets the civil matters a Circuit Court can hear, including certain claims up to ¢100 million, and says disputed higher-value cases must be evidence-tested and transferred to the High Court unless the parties agree otherwise.
Section 42—Jurisdiction of Circuit Courts Civil in Matters. 24 (1) The civil jurisdiction of a Circuit Court consists of the following— (a) original jurisdiction in civil matters— (i) in personal actions arising under contract or tort or for the recovery of any liquidated sum, where the amount claimed is not more than ¢100 million; (ii) in actions between landlord and tenant for the possession of land claimed under lease and refused to be delivered up; (iii) in causes and matters involving the ownership, possession, occupation of or title to land; (iv) to appoint guardians of infants and to make orders for the custody of infants; (v) to grant in any action instituted in the Court, injunctions or orders to stay waste, or alienation or for the detention and preservation of any property the subject matter of that action or to restrain breaches of contract or the commission of any tort; (vi) in claims of relief by way of interpleader in respect of land or other property attached in execution of an order made by a Circuit Court; (vii) in applications for the grant of probate or letters of administration in respect of the estate of a deceased person, and in causes and matters relating to succession to property of a deceased person, who had at the time of his death a fixed place of abode within the area of jurisdiction of the Circuit Court and the value of the estate or property in question does not exceed ¢100 minion; and (b) any other jurisdiction conferred by this Act or any other enactment. (2) Where there is a dispute as to whether or not any amount claimed or the value of any property in any action, cause or matter is in excess of the amount or value specified in subsection (1) of this section in relation to that action, cause or matter, the Circuit Court in question shall call evidence as to the said amount or value and if it finds that it exceeds the amount or value specified in subsection (1) it shall transfer the case to the High Court. (3) Where the amount claimed or the value of any property exceeds the amount or value specified in subsection (1) of this section the Circuit Court shall, notwithstanding that subsection, proceed to hear the case if the parties agree that it should do so. (4) The Attorney-General may by legislative instrument amend the amount or value specified in subsection (1) of this section. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 43 Verify source ↗
Criminal Jurisdiction of Circuit Court
A Circuit Court has original jurisdiction over criminal matters, except treason, indictable offences, and offences punishable by death.
Section 43—Criminal Jurisdiction of Circuit Court. A Circuit Court has original jurisdiction in all criminal matters other than treason, offences triable on indictment and offences punishable by death. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 44 Verify source ↗
Appeals from Circuit Courts. 3 Sub-Part II—District Courts
A person aggrieved by a Circuit Court judgment may appeal, subject to the Act and Rules of Court.
Section 44—Appeals from Circuit Courts. (1) A person aggrieved by a judgment of a Circuit Court in any civil action may, subject to this Act and Rules of Court, appeal to the Court of Appeal against the judgment. 25 (2) A person aggrieved by a judgment of a Circuit Court in criminal trial may, subject to this Act and Rules of Court, appeal to the High Court.[Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] Sub-Part II—District Courts - 45 Verify source ↗
Establishment of District Courts
The Chief Justice decides how many District Courts exist in each District and specifies each court’s jurisdiction area.
Section 45—Establishment of District Courts. (1) There shall be in each District of the country such District Courts as the Chief Justice may determine. (2) There shall be assigned to each District Court, a Magistrate who shall be appointed, subject to the approval of the President, by the Chief Justice on the advice of the Judicial Council. (3) The Chief Justice shall specify the area of jurisdiction of each District Court. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 46 Verify source ↗
Qualification of a Magistrate and Sitting of the District Court
A person can be appointed as a District Court Magistrate only if they have high moral character and proven integrity. The Chief Justice, a Superior Court Justice, or a nominated Circuit Court Judge may sit as a District Court Magistrate, and the Chief Justice may direct where and when District Court sittings are held.
Section 46—Qualification of a Magistrate and Sitting of the District Court. (1) A person does not qualify to be appointed a Magistrate of a District Court unless the person is of high moral character and proven integrity and (2) The Chief Justice, any Justice of the Superior Court of Judicature or a Circuit Court Judge nominated by the Chief Justice may sit as a Magistrate of any District Court. (3) Sittings of a District Court shall be held at such places and times as the Chief Justice may direct. (4) Subject to any such directions, the sittings may be held at such places and times as the Magistrate thinks appropriate. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 47 Verify source ↗
Civil Jurisdiction of District Courts
This section gives District Courts civil jurisdiction over specified kinds of cases, subject to monetary limits and other conditions, and allows the Attorney-General to amend those limits by legislative instrument.
Section 47—Civil Jurisdiction of District Courts. (1) A District Court shall within the area of its jurisdiction have civil jurisdiction in the following matters— (a) in personal actions arising under contract or tort for the recovery of any liquidated sum where the amount claimed does not exceed ¢50 million; (b) to grant in any action instituted in the District Court injunctions or orders to stay waste or alienation or for the detention and preservation of any property the subject matter of that action, or restrain breaches of contracts or the commission of any tort; (c) in claims for relief by way of interpleader in respect of land or other property attached in execution of a decree made by the District Court; (d) in civil causes or matters relating to the landlord and tenant of any premises or any person interested in such premises as required or authorised by any law relating to landlord and tenant; (e) in actions relating to ownership, possession or occupation of land where the value of the land does not exceed ¢50 million; (f) in divorce and other matrimonial causes or matters and actions for paternity and custody of children; 26 (g) in applications for the grant of probate or letters of administration in respect of the estate of a deceased person, and in causes and matters relating to succession to property of a deceased person, who had at the time of his death a fixed place of abode within the area of jurisdiction of the District Court and the value of the estate or property in question does not exceed ¢50 million; and (h) [Repealed by Courts (Amendment) Act, 2004 (Act 674) para. (c)]. (2) Where there is dispute as to whether or not any amount claimed or the value of any land or property in any action, cause or matter is in excess of the amount or value specified in subsection (1) of this section in relation to that action, cause or matter the District Court in question shall call evidence as to the said amount or value and if it finds that it exceeds the amount or value specified in subsection (1) it shall, subject to the powers of transfer of the Chief Justice, transfer the case to a Circuit Court. (3) Where in any action, cause or matter the amount claimed or the value of any land or property exceeds the amount or value specified in subsection (1), the District Court shall notwithstanding that subsection, proceed to hear the case if the parties agree that it should do so. (4) The Attorney-General may by legislative instrument amend the amount or value specified in subsection (1) of this section. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 48 Verify source ↗
Jurisdiction of District Court in Criminal Matters
District Courts can try certain criminal matters summarily, but only within set offence and sentencing limits; the Attorney-General can also change the listed amounts by legislative instrument.
Section 48—Jurisdiction of District Court in Criminal Matters. (1) In criminal matters a District Court has jurisdiction to try summarily— (a) an offence punishable by a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years or both; (b) any other offence (except an offence punishable by death or by imprisonment for life or an offence declared by any enactment to be a first degree felony) if the Attorney-General is of the opinion that having regard to the nature of the offence, the absence of circumstances which would render the offence of a grave or serious character and all other circumstances of the case, the case is suitable to be tried summarily; (c) an attempt to commit an offence to which paragraph (a) or (b) of this subsection applies; (d) abetment of or conspiracy in respect of any such offence. (2) Subject to the other provisions of this section, a District Court shall in the exercise of its jurisdiction in criminal matters not impose a term of imprisonment exceeding 2 years or a fine exceeding 500 penalty units or both. (3) A District Court does not have jurisdiction to try an offence under paragraph (b), (c) or (d) of subsection (1) where the enactment creating the offence has prescribed in relation to the offence a minimum penalty that exceeds the penalty permitted to be imposed by a District Court under subsection (2). (4) Where under any enactment increased punishment may be imposed upon any person previously convicted of a crime, a District Court may impose the increased punishment, or twice the maximum punishment prescribed by subsection (2) whichever is the lesser. 27 (5) The Attorney-General may by legislative instrument amend the amount or value specified in subsections (1) and (2) of this section. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 49 Verify source ↗
Juvenile Courts
The Chief Justice may designate a District Court as a Juvenile Court, and Juvenile Courts may hear civil or criminal matters involving people under 18.
Section 49—Juvenile Courts. (1) The Chief Justice may designate any District Court as a Juvenile Court. (2) A Juvenile Court shall be composed of the Magistrate of the District Court as the presiding person and two other persons one of whom shall be a Social Welfare Officer and the other, a person of not less than 25 years both of whom shall be appointed by the Chief Justice on the recommendation of the Director of Social Welfare . (3) A Juvenile Court has power to hear and determine any matter civil or criminal that involves a person under the age of eighteen and shall for that purpose have and exercise all the powers of a District Court. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 50 Verify source ↗
Jurisdiction of District Court under the Children’s Act
A District Court has jurisdiction over actions under the Children’s Act and acts as the Family Tribunal for those purposes.
Section 50—Jurisdiction of District Court under the Children’s Act. A District Court also has jurisdiction to hear and determine any action that arises under the Children's Act, 1998 (Act 560) and shall for the purposes of that enactment be the Family Tribunal and exercise the powers conferred on a Family Tribunal under that Act and any other enactment. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 51 Verify source ↗
General Powers of District Courts
District Courts and Magistrates have specified powers and duties, including handling writs, jurisdiction objections, orders, and process.
Section 51—General powers of District Courts. (1) Every District Court shall in addition to the jurisdiction conferred by this Act, have such other functions as may be conferred or imposed on it by any other enactment. (2) Every Magistrate may administer oaths, take solemn affirmations and declarations, make such decrees and orders, issue such process and exercise such powers, judicial and ministerial in relation to the administration of justice as are prescribed by any enactment, Rules of Court, or special order of the District Court. (3) A writ of summons for the commencement of any action in the High Court or a Circuit Court may, without prejudice to any power conferred on the High Court or a Circuit Court by any other provision of this Act or Rules of Court, be filed with any District Court and it shall be the duty of the District Court with which the writ is filed to transmit the writ immediately to the High Court or Circuit Court at which the action in respect of which the writ is filed is to be determined. (4) No act done by or under the authority of a Magistrate shall be void or impeachable by reason only that the act was done, or that any act, offence, or matter in respect of or in relation to which the act was done, occurred beyond the limits of the district or area for which the Magistrate was appointed. (5) Where in any proceedings before a District Court a defendant raises an objection to the jurisdiction of the Court, which might but for this section have been valid, if— (a) in a civil case, the objection is raised at a time before the plaintiff calls his first witness in support of his claim; or 28 (b) in a criminal case, the objection is raised at or before the time when the defendant is required to plead to the charge, the Magistrate shall consider the objection, and if it appears to the Magistrate that there is prima facie proof of the objection, the Magistrate shall, in a civil case report the matter to the High Court and in a criminal case, report the matter to the Circuit Court, and the High Court or Circuit Court shall as the case may be, direct where the matter shall be heard and determined. (6) Every Magistrate shall, when required by a court, execute any order or process issuing from the District court and shall take security from any person named in the order or process for his appearance in the court, and shall, in default send the person to the place named in the order or process. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 52 Verify source ↗
Monthly lists to be sent to High Court and Power of High Court to revise decision of Magistrates
Magistrates must send monthly criminal-case lists to the High Court, and the High Court Judge may revise cases from those lists.
Section 52—Monthly lists to be sent to High Court and Power of High Court to revise decision of Magistrates. (1) At the end of every month, every Magistrate shall forward to the High Court for the time being exercising jurisdiction over the District, a complete list of all criminal cases decided by or brought before the Magistrate during that month, setting out the name of the accused, the offence with which he was charged, and the date of conviction and the sentence, or of acquittal or discharge, as the case may be, and in every case the order of the Magistrate in full. (2) Upon receipt of the list referred to in subsection (1) of this section the High Court Judge may, if he thinks fit, call for a copy of the record of any case included in the list and, either without seeing the record or after seeing it, and either without hearing argument or after hearing argument, may— (a) subject to any enactment fixing a minimum penalty, vary the sentence or impose such other sentence warranted in law by the verdict which the District Court could have imposed in substitution for the sentence imposed as the Judge thinks ought to have been imposed; (b) subject to any enactment requiring a particular order to be made, set aside an order or modify an order in such form as the Judge thinks fit; (c) set aside the conviction, in which case the person if under detention shall be immediately released from detention, and any fine already paid shall be refunded to the person fined, and any security given shall be released; (d) set aside the acquittal, record a conviction and impose any sentence which the District Court could have imposed; (e) set aside the conviction or acquittal and order a new trial or a preliminary enquiry before the District Court which made the conviction or acquittal or before any other District Court; (f) order further evidence to be taken either generally or on some particular point by the District Court which passed the sentence or which ordered the acquittal or by any other District Court and order in the meantime any person who has been convicted and imprisoned to be released on bail with surety or on his own recognisance; or (g) make such other order as interest of justice may require, and give all necessary and consequential directions . 29 (3) Upon the receipt of the list referred to in subsection (1) of this section, if the High Court is of the view that a conviction for another offence ought to have been imposed or that the accused was guilty of the act charged, but was insane so as not to be responsible for his action at the time when he did the act, the High Court shall set aside the conviction and send back the case for rehearing by the appropriate District Court, subject to such directions as the Judge may think fit and the Judge shall further inform the prosecution and the defence that he has so directed. (4) When a person convicted has appealed against the conviction, or has applied for a case to be stated by the District Court under subsection (6) of section 100 of this Act, the Judge shall not exercise jurisdiction under this section in relation to the case to which the appeal or application relates. (5) When action on the list as provided in subsection (1) is complete or if the Judge decides to take no such action, the Judge shall direct that the list be filed; but the direction shall not have the effect of preventing the Judge from subsequently taking any action prescribed in that subsection if he thinks fit. (6) Three months after the last day of the month to which the list relates the Judge shall become functus officio in respect of all cases on the list in respect of which no action has been taken. (7) Proceedings under this section may be taken by the Judge on his own motion or on the petition of any person interested praying for the exercise of the revisional powers of the Judge and the powers may be exercised notwithstanding that the monthly list has not been transmitted to or received by the Judge. [Substituted by Courts (Amendment) Act, 2002 (Act 620) s.5] - 53 Verify source ↗
Magistrate subject to the Directions of High Court. PART III—COMMON LAW AND CUSTOMARY LAW
Magistrates are subject to High Court directions, and a High Court Judge or the Chief Justice may direct reporting and exercise certain High Court functions.
Section 53—Magistrate subject to the Directions of High Court. (1) Every Magistrate is subject to the orders and directions of the High Court as any other officer of the Court. (2) The Judge of the High Court for the time being exercising jurisdiction over the District may, whenever he thinks fit, require the Magistrate of the District Court to render to the High Court in such form as the Court directs a report of any case which may be brought before the Magistrate. (3) The Chief Justice may also exercise the jurisdiction and functions conferred by section 52 and subsection (2) of this section on the High Court and may give directions as to the Judge by whom and the manner in which the jurisdiction and the functions are to be exercised in any particular case or class of cases.[Substituted by the Courts (Amendment) Act, 2002 (Act 620), s.5] PART III—COMMON LAW AND CUSTOMARY LAW. - 54 Verify source ↗
Choice of law
This section tells courts how to choose the applicable law for disputes and related issues, using party intent first in transactions and then a set of fallback rules based on personal law, land location, and justice-based principles.
Section 54—Choice of Law. (1) Subject to this Act and any other enactment, a court when determining the law applicable to an issue arising out of any transaction or situation, shall be guided by the following rules in which references to the personal law of a person are references to the system of customary law to which he is subject or to the common law where he is not subject to any system of customary law: 30 Rule 1. An issue arising out of a transaction shall be determined according to the system of law intended by the parties to the transaction to govern the issue or the system of law which the parties may, from the nature or form of the transaction be taken to have intended to govern the issue. Rule 2. In the absence of any intention to the contrary, the law applicable to any issue arising out of the devolution of a person's estate shall be the personal law of that person. Rule 3. In the absence of any intention to the contrary, the law applicable to an issue as to title between persons who trace their claims from one person or group of persons or from different persons all having the same personal law, shall be the personal law of that person or those persons. Rule 4. In applying Rules 2 and 3 to disputes relating to titles to land, due regard shall be had to any overriding provisions of the law of the place in which the land is situated. Rule 5. Subject to Rules 1 to 4, the law applicable to any issue arising between two or more persons shall, where they are subject to the same personal law, be that law; and where they are not subject to the same personal law, the court shall apply the relevant rules of their different systems of personal law to achieve a result that conforms with natural justice, equity and good conscience. Rule 6. In determining an issue to which the preceding Rules do not apply, the court shall apply such principles of the common law, or customary law, or both, as will do substantial justice between the parties, having regard to equity and good conscience. Rule 7. Subject to any directions that the Supreme Court may give in exercise of its powers under article 132 of the Constitution, in the determination of any issue arising from the common law or customary law, the court may adopt, develop and apply such remedies from any system of law (whether Ghanaian or non-Ghanaian) as appear to the court to be efficacious and to meet the requirements of justice, equity and good conscience. (2) Subject to this Act and any other enactment, the rules of law and evidence (including the rules of private international law) that have before the coming into force of this Act been applicable in proceedings in Ghana shall continue to apply, without prejudice to any development of the rules which may occur. - 55 Verify source ↗
Ascertainment of customary law
The court must treat questions about the existence or content of customary law as questions of law, and it may adjourn proceedings and seek an inquiry or opinion when there is doubt.
Section 55—Ascertainment of Customary Law. (1) Any question as to existence or content of a rule of customary law is a question of law for the court and not a question of fact. (2) If there is doubt as to the existence or content of a rule of customary law relevant in any proceedings before a court, the court may adjourn the proceedings to enable an inquiry to be made under subsection (3) of this section after the court has considered submissions made by or on behalf of the parties and after the court has considered reported cases, textbooks and other sources that may be appropriate to the proceedings. (3) The inquiry shall be held as part of the proceedings in such manner as the court considers expedient, and the provisions of this Act relating to the attendance and testimony of witnesses shall apply with such modifications as may appear to the court to be necessary. 31 (4) The decision as to the persons who are to be heard at the inquiry shall be one for the court, after hearing the submissions on it made by or on behalf of the parties. (5) The court may request a House of Chiefs, Divisional or Traditional Council or other body with knowledge of the customary law in question to state its opinion which may be laid before the inquiry in written form. PART IV —EXERCISE OF JURISDICTION, EVIDENCE AND RULES OF COURT - 56 Verify source ↗
Criminal jurisdiction of courts of Ghana
This section limits when Ghana’s courts may handle criminal cases and allows some offences committed outside Ghana to be tried in Ghana.
Section 56—Criminal Jurisdiction of Courts of Ghana. (1) Subject to this section, the jurisdiction of the courts of Ghana in criminal matters is exercisable only in respect of an offence committed within the territory of Ghana including its territorial waters and air space and in respect of offences committed on any ship or aircraft registered or licensed in Ghana. (2) When an act which if done within the jurisdiction of a court, would be a criminal offence, is done partly within and partly outside the jurisdiction, every person who within or outside the jurisdiction does or abets any part of the act may be tried and punished as if the act had been done wholly within the jurisdiction. (3) A citizen of Ghana who— (a) while employed in the service of the Republic of Ghana or of any statutory corporation does an act outside Ghana which if done in Ghana is punishable as an offence; or (b) does an act outside Ghana which if done in Ghana would constitute the offence of murder or an offence under section 183A of the Criminal Code, 1960 (Act 29); or (c) does outside Ghana any act which if done in Ghana constitutes an offence involving or resulting in the misappropriation, dissipation or loss of— (i) public funds; (ii) government property including damage to government property; (iii) property belonging to a statutory corporation including damage to the property of the statutory corporation; (d) does any act on the premises of a Ghanaian diplomatic mission which if done in Ghana would be punishable as an offence, commits an offence as if the offence was done in Ghana and may, subject to section 46 of the Criminal Procedure Code, 1960 (Act 30) be prosecuted and punished in Ghana. (4) Any person (whether a citizen of Ghana or not) is liable to be tried and punished in Ghana for the respective offence if he does an act which if done within the jurisdiction of the courts of Ghana would have constituted any of the following offences— (a) slave trade or traffic in slaves; (b) piracy; (c) traffic in women or children; 32 (d) falsification or counterfeiting or uttering of false copies or counterfeits of any official seal of Ghana or any currency, instrument of credit, stamp, passport or public document issued by the Republic or under its authority; (e) genocide; (f) any offence against the property of the Republic; (g) any offence against the security, territorial integrity or political independence of the Republic; (h) hijacking; (i) unlawful traffic in narcotics; (j) attacks on any international communications system, canal or submarine cable; (k) unauthorised disclosure of an official secret of the Republic; (l) an offence by or against a person in the employment of the Republic or a statutory corporation while acting in the course of the duties of such employment; (m) traffic in obscene publications; and (n) any other offence which is authorised or required by a convention or treaty to which the Republic is a signatory to be prosecuted and punished in Ghana wherever the offence was committed. - 57 Verify source ↗
Limitation of jurisdiction in chieftaincy matters
These courts may not hear any case or matter affecting chieftaincy, whether at first instance or on appeal, subject to the Constitution.
Section 57—Limitation of Jurisdiction in Chieftaincy Matters. Subject to the provisions of the Constitution, the Court of Appeal, the High Court, Regional Tribunal, a Circuit and Community Tribunal shall not have jurisdiction to entertain either at first instance or on appeal any cause or matter affecting chieftaincy. - 58 Verify source ↗
Summoning witnesses
A court may summon any person to give evidence or produce documents, on its own motion or on a party’s application, subject to any enactment or rule of law.
Section 58—Summoning Witnesses. In any proceedings, and at any stage of the proceedings, a court either on its own motion or on the application of any party, may summon any person to attend to give evidence, or to produce any document in his possession or excerpts from it subject to any enactment or rule of law. - 59 Verify source ↗
Warrant in criminal cases
In a criminal case, the court may immediately issue a warrant to arrest and bring a witness before the court if satisfied by sworn evidence that the person has material evidence and will not attend unless compelled.
Section 59—Warrant in Criminal Cases. In a criminal case if the court is satisfied by evidence on oath that a person can give material evidence and will not attend court unless compelled to do so, the court may immediately issue a warrant for the arrest and production of the witness before the court at a time and place specified in the warrant. - 60 Verify source ↗
Witness arrested under warrant
A court may release a witness arrested on warrant for a hearing if the witness gives security; if proper security is not provided, the court must detain the witness for production at the hearing.
Section 60—Witness Arrested under Warrant. (1) Where a witness has been arrested on warrant the court may order the release of the witness from custody for his appearance at the hearing of a case, on such security as it may determine. (2) If the witness fails to furnish proper security, the court shall order his detention for production at the hearing. - 61 Verify source ↗
Penalty for Non-attendance by Witness PART IV—EXERCISE OF JURISDICTION, EVIDENCE AND RULES OF COURT
A witness who is summoned must attend court as required, stay unless permitted to leave, and return when ordered after adjournment unless there is a reasonable excuse.
Section 61—Penalty for Non-attendance by Witness. 33 (1) Any person summoned as a witness who— (a) without reasonable excuse fails to attend court as required by the summons after having had reasonable notice of the time and place at which he is required to attend; or (b) having attended court departs without reasonable excuse and without having obtained the permission of the court; or (c) fails without reasonable excuse to attend after adjournment of the court after being ordered to attend, may be proceeded against by warrant to compel his attendance, and commits an offence and may be dealt with summarily by the court for contempt of court and sentenced immediately to a fine not exceeding 50 penalty units or six months imprisonment or both.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] (2) The fine may be levied by attachment and the sale of any movable property belonging to the witness. (3) For good cause shown, the High Court, Regional Tribunal or Circuit Tribunal may remit or reduce a fine imposed under this section by a Community Tribunal. - 62 Verify source ↗
Examination of witnesses
Courts must require witnesses to be examined on oath, but may take evidence without oath in some cases. A person who refuses to be sworn, answer, produce required items, or sign a deposition can be guilty of contempt of court.
Section 62—Examination of Witnesses. (1) Subject to any enactment or rule of law to the contrary, a court shall require any witness to be examined on oath. (2) The court may at any time if it thinks just and expedient for reasons to be recorded in the proceedings, take without oath the evidence of any person who declares that the taking of any oath whatsoever is according to his religious belief unlawful or who by reason of immature age or want of religious belief ought not in the opinion of the court to be admitted to give evidence on oath. (3) The fact that the evidence has been taken without oath shall be recorded in the proceedings and the evidence taken shall be treated as if it had been taken on oath. (4) Whenever a person, appears in court to give evidence and— (a) refuses to be sworn; or (b) having been sworn, refuses without lawful excuse to answer a question put to him; or (c) refuses or neglects to produce any document or thing which he is required to produce; or (d) when lawfully required to do so refuses to sign his deposition, without offering any lawful or sufficient excuse for his refusal or neglect, that person shall, independently of any other liability, be guilty of contempt of court and the court before which he commits the contempt may deal with him summarily and sentence him as if he had been convicted of a misdemeanour. - 63 Verify source ↗
By stander may be required to give evidence
A person present in court may be required by the court to give evidence or produce documents, and refusal can be punished.
Section 63—By stander May be Required to Give Evidence. A person present in court, whether a party or not in the proceedings before the court may be compelled by the court to give evidence, or to produce any document in his possession or under 34 his control, in the same manner and subject to the same rules as if he had been summoned to attend and give evidence, or to produce the document, and may be punished in the same manner for refusal to obey the order of the court. - 64 Verify source ↗
Prisoners may be brought by warrant to give evidence
A judge or tribunal chairman may issue a warrant to bring a prisoner or person in custody to court to give evidence, but only if there are probable grounds. The prison official must immediately comply with the warrant.
Section 64—Prisoners may be Brought by Warrant to Give Evidence. (1) A Judge, Chairman of a Regional, Circuit or Community Tribunal may issue a warrant for a prisoner, or a person in custody to appear as a party or be examined as a witness, in any proceedings in a Court or Tribunal. (2) A warrant shall not be issued unless the Judge, Chairman of a Regional, Circuit or Community Tribunal has probable grounds for believing that the appearance of the prisoner is necessary or desirable or that his evidence is likely to be material. (3) The Director of Prisons or any other person in whose custody the prisoner may be, shall immediately obey the warrant by bringing the prisoner to the court in his custody, or by delivering him to an officer of the court as ordered and if the prisoner, under the terms of the warrant, is delivered to an officer of the court, the Director or other person shall not be liable for his escape. - 65 Verify source ↗
Allowances to witnesses
A court may allow witnesses money for expenses and loss of time, and a person cannot refuse to attend or give evidence just because expenses have not been paid first.
Section 65—Allowances to Witnesses. (1) A court may, in any proceedings order and allow to all persons required to attend, or be examined as witnesses such sums of money as seem fit both for defraying their reasonable expenses and for giving them reasonable compensation for their trouble and loss of time. (2) It shall not be lawful in any proceedings for a person to refuse to attend as a witness, or to give evidence when so required by order of the court on the grounds that his expenses have not first been paid or provided for. - 66 Verify source ↗
Defrayment of witness allowances
Witness allowances allowed under section 65 must be paid, with civil proceedings payments made by the party on whose behalf the witness is called.
Section 66—Defrayment of Witness Allowances. All sums of money allowed under section 65 shall be paid— (a) in civil proceedings by the party on whose behalf the witness is called and shall be recoverable as ordinary costs of the suit if ordered by the court; or (b) in criminal proceedings out of the Consolidated Fund if not paid by the convicted party or the prosecutor. - 67 Verify source ↗
Penalty on giving false evidence
A person who gives false evidence in court proceedings on a declaration without oath commits an offence and is punished as if the evidence had been given on oath.
Section 67—Penalty on Giving False Evidence. Any person who in relation to any proceedings before a court gives false evidence on a declaration without oath, commits an offence and shall be convicted and punished in the same manner as if he had given the evidence on oath. - 68 Verify source ↗
Inspection
A court may order inspection of movable or immovable property in a case, and may give directions about the inspection.
Section 68—Inspection. In any proceedings a court may, on the application of either party or on its own motion make an order for the inspection by the court, the jury, the panel, the parties, or witnesses, of any movable or immovable property, the inspection of which may be material to the proper determination of the question before the court, and the court may give such directions in respect of the inspection, as it thinks fit. 35 - 69 Verify source ↗
Recording of Proceedings Before a Court
A court may record oral evidence, and the resulting transcript becomes the official record; recording and transcription are supervised, sworn where required, and falsification is punishable.
Section 69—Recording of Proceedings Before a Court. (1) In any proceedings before a court the court may cause oral evidence to be recorded by shorthand, tape recorder or by such other means as the Chief Justice may determine. (2) The recording shall be done by an officer of the court or any other person appointed for that purpose. (3) A record taken under subsection (1) shall be transcribed by a person referred to in subsection (2) and the transcript shall for all purposes be the official record of the proceedings in question. (4) Before any person, other than the Judge, Chairman of a Regional Tribunal or the Magistrate records or transcribes any evidence under this section, an oath shall be tendered to be taken by that person for the accurate and faithful recording of that evidence.[As substituted by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] (5) An officer of the court who has once duly taken the oath shall not again be required to take the oath in respect of the same or of any subsequent case. (6) The evidence shall be recorded under the supervision and control of the presiding Judge, Chairman or Magistrate who may at any time before appending his signature to the written statement of the evidence amend anything in it which he considers requires to be amended.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] (7) Before signing, the presiding Judge, Chairman or Magistrate shall examine the statement and satisfy himself that it is in substance an accurate and faithful record of the oral evidence given.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] (8) If an officer or other person employed to record or transcribe evidence under this section wilfully falsifies or misrepresents the true meaning of any oral evidence recorded under this section— (a) he commits an offence and is liable on conviction to a fine not exceeding 100 penalty units or to a term of imprisonment not exceeding one year or to both; or [As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] (b) he may be dealt with summarily by the court as for contempt of court and be sentenced immediately to a fine not exceeding 50 penalty units or a term of imprisonment not exceeding six months.[As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7] - 70 Verify source ↗
Access to record of court
Access to court records is restricted, but a person affected by a judgment or court order can get a copy if they apply and pay the cost, unless the court decides to provide it free.
Section 70—Access to Record of Court. (1) No person is entitled, to inspect or to have a copy of the record of evidence given in a case before a court or to a copy of the court’s notes, except as may be expressly provided by the Constitution, a rule of court or any other enactment. (2) If a person affected by a judgment or a court order desires to have a copy of the judgment, order, deposition or other part of the record, he shall on application for the copy be furnished with it if he pays its cost except where the court for some special reason thinks fit to furnish it free of charge. - 71 Verify source ↗
Minutes of proceedings 4
Court proceedings minutes must be signed by an authorised court officer.
Section 71—Minutes of Proceedings. 36 (1) In every civil or criminal proceedings dealt with in the High Court, Regional or Circuit Tribunal, Circuit Court, or Community Tribunal, minutes of the proceedings shall be drawn up and shall be signed by an officer of the Court duly authorised by the Judge or Chairman of the Tribunal. (2) The minutes, with the notes of evidence taken at the hearing or trial including any record of proceedings taken under section 69 of this Act, shall be preserved as records of the Court. (3) The minutes and notes of evidence including the record referred to in subsection (2) of this section or a copy of it signed and certified as a true copy by the officer referred to in subsection (1) shall at all times, without further proof, be admitted as evidence of the proceedings and of the statements made by the witnesses. - 72 Verify source ↗
Courts to promote reconciliation in civil cases
Courts with civil jurisdiction and their officers must promote reconciliation and amicable settlement of disputes; when a civil case is pending, the court may also do so for the parties.
Section 72—Courts to Promote Reconciliation in Civil Cases. (1) Any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner between and among persons over whom the court has jurisdiction. (2) When a civil suit or proceeding is pending, any court with jurisdiction in that suit may promote reconciliation among the parties, and encourage and facilitate the amicable settlement of the suit or proceeding. - 73 Verify source ↗
Reconciliation in criminal cases
A criminal court may help settle certain non-felony, non-aggravated offences amicably; if settlement is reached, it must dismiss the case and discharge the accused.
Section 73—Reconciliation in Criminal Cases. Any court, with criminal jurisdiction may promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to felony and not aggravated in degree, on payment cases of compensation or on other terms approved by the court before which the case is tried, and may during the pendency of the negotiations for a settlement stay the proceeding for a reasonable time and in the event of a settlement being effected shall dismiss the case and discharge the accused person. - 74 Verify source ↗
Vexatious proceedings
The High Court may stop a person from starting new legal proceedings without leave if that person has repeatedly brought vexatious cases without reasonable grounds.
Section 74—Vexatious Proceedings. (1) On an application by the Attorney-General the High Court may order that no legal proceedings shall be instituted by a person in any court proceed without its leave if the person has habitually and persistently without reasonable ground instituted vexatious legal proceedings in any court whether against the same person or not. (2) The leave of the High Court shall not be given unless it is satisfied that the proceedings are not an abuse of the court process and that there is prima facie ground for the proceedings. - 75 Verify source ↗
Order for the examination of witnesses in matters pending before a foreign tribunal
The High Court may order witness examination or attendance, and the production of documents, for foreign tribunal matters.
Section 75—Order for the Examination of Witnesses in Matters Pending before a Foreign Tribunal. (1) The High Court may order the examination of a witness within its jurisdiction on such terms as it considers necessary when an application is made by a court or tribunal of competent jurisdiction in another county for the testimony in respect of criminal, civil or commercial matters before that court or tribunal. (2) The High Court may order the attendance of the person before any person named in the other— 37 (a) to be examined on oath, on interrogatories; or (b) to produce specific documents and shall give such directions as it thinks fit. (3) Any order of the High Court made under this section may be enforced in the same manner as an order made in a cause pending in the High Court. - 76 Verify source ↗
Certificate of ambassador, sufficient evidence in support of application
Certain diplomatic officers may issue a certificate about the nature of evidence needed for an application under section 75.
Section 76—Certificate of Ambassador, Etc. Sufficient Evidence in Support of Application. (1) An ambassador, minister, diplomatic agent or consular officer may issue a certificate that a matter the subject of an application under section 75 is a criminal, civil or commercial matter and that the court or tribunal requires the evidence pending before a court or tribunal in the country in which he is employed. (2) If no certificate under subsection (1) is issued, other evidence shall be admissible to show that the matter for which the evidence is required is pending before a court or tribunal in another country. - 77 Verify source ↗
Examination of witnesses to be taken upon oath
A person authorised under an order made under section 75 may take all examinations of a witness on oath.
Section 77—Examination of Witnesses to be Taken Upon Oath. A person authorised to take the examination of a witness by an order made under section 75 of this Act may take all the examinations on oath. - 78 Verify source ↗
Expenses of witnesses
People required to attend under section 75 are entitled to the same allowances as a witness at a High Court trial.
Section 78—Expenses of Witnesses. Every person whose attendance is required under section 75 of this Act shall be entitled to the same allowances as a witness appearing at a trial in the High Court. - 79 Verify source ↗
Extent of right of refusal to answer questions and to produce documents
People examined under a section 75 order may refuse to answer incriminating questions and may not be forced to produce documents they could not be forced to produce at trial.
Section 79—Extent of Right of Refusal to Answer Questions and to Produce Documents. (1) Every person examined under an order made under section 75 of this Act shall have the same right to refuse to answer questions tending to incriminate himself and other questions as a witness in any cause pending in the High Court would be entitled to. (2) No person shall be compelled to produce under any such order any writing or other document that he would not be compellable to produce at a trial of such a cause. - 80 Verify source ↗
Rules of court. PART V—ENFORCEMENT IN GHANA OF FOREIGN JUDGMENTS AND MAINTENANCE ORDERS. Sub-Part I—Foreign Judgments
The Rules of Court Committee may make Rules of Court for all courts in Ghana, subject to the Constitution.
Section 80—Rules of Court. (1) Subject to the provisions of the Constitution, the Rules of Court Committee established by article 157 of the Constitution may in accordance with clause (2) of article 157 of the Constitution by constitutional instrument, make Rules of Court for regulating the practice and procedure of all courts in Ghana, which shall include regulations relating to the prevention of frivolous and vexatious proceedings. (2) Without prejudice to the generality of subsection (1) of this section the Rules of Court Committee may, subject to the provisions of the Constitution, make rules of court— (a) for regulating the practice and procedure of the Superior Court of Judicature for the purposes of article 33 of the Constitution, (which relates to the protection of rights by the courts); (b) for the practice and procedure for petitions to the Supreme Court challenging the election of a President under article 64 of the Constitution; 38 (c) for the practice and procedure of the High Court of Justice with respect to the exercise of the jurisdiction conferred on it by article 99
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Courts Act 1993 (ACT 459)
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