THE CIVIL JURISDICTION OF THE SUPERIOR COURTS IN GHANA

THE CIVIL JURISDICTION OF THE SUPERIOR COURTS IN GHANA

INTRODUCTION

 

The Courts Act 1993 (Act 459) stipulates the jurisdiction of the courts in Ghana. The jurisdiction of a court refers to the power a court has to adjudicate on matters that come before it and to issue orders. This is necessary to ensure every Court’s mandate and order in the judicial system.

The Jurisdiction of the Supreme Court

1. General jurisdiction
2. As the final court of appeal
3. It is not bound by the decision of any other court
4. It may depart from its previous decision
5. All other courts are bound by its decisions on questions of law
6. It has all the powers, authorities, and jurisdiction vested in any court established by the constitution
7. Original jurisdiction meaning that matters which fall within 2a and 2b commences from the Supreme Court.
8. In all matters relating to the enforcement or interpretation of the Constitution
9. In 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.
10. Appellate Jurisdiction
11. In the adjudication of appeals from the Court of Appeal. These are matters either civil or criminal. Cases that commenced either in the High Court or a Regional Tribunal and the decision has been appealed against in the Court of Appeal may appeal against the decision of the Court of Appeal at the Supreme Court as of right but cases which commenced in the Courts below the High Court and Regional Tribunal and which the decision has been appealed against at the Court of Appeal, would need to seek leave of the Court of Appeal to further appeal the Court of Appeal’s decision in the Supreme Court. And to appeal matters relating to the issue or refusal of a writ or order of habeas corpus, certiorari, mandamus, prohibition, or quo warranto directly. These are appeals from a lower court to the High Court which decision is being appealed against in the Supreme Court by invoking the supervisory jurisdiction of the Supreme Court.
12. In the adjudication of an appeal from a decision of the Judicial Committee of the National House of Chiefs to the Supreme Court with the leave of that Judicial Committee or the Supreme Court.
13. Supervisory Jurisdiction of Supreme Court

The Supreme Court has supervisory jurisdiction over all courts and over any adjudicating authority or body by way of issuing orders and directions including orders like habeas corpus, certiorari, mandamus, prohibition, and quo warranto to enforce or secure the enforcement of its supervisory power. Consequently, an application may be filed directly in the Supreme Court invoking its supervisory jurisdiction in respect of matters commencing from the High Court which decision in an opinion, flouts the rule of natural justice.

 

5. Power of the Supreme Court to Review its Decisions.

The Supreme Court has the power to review its own decision made or given upon such grounds and subject to any conditions that may be prescribed by the rules of court.

 

6. Production of Official Documents in Court.

The Supreme Court has exclusive jurisdiction to determine whether an official document should 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.

 

The Jurisdiction of the Court of Appeal

1. The Court of Appeal has jurisdiction throughout Ghana to hear and determine, 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. It is as of right to appeal a judgment, decree, or order of the High Court and Regional Tribunal to the Court of Appeal.
3. To hear appeals from any judgment of a Circuit Court in a civil cause or matter.
4. 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 on the first instance 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.
5. The Court of Appeal shall not entertain any appeal unless the appellant has fulfilled all the conditions prescribed by the Rules of Court.
6. 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.
7. If the Court of 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.

 

The Jurisdiction of the High Court.

1. Subject to the provisions of the Constitution, the High Court shall have—
2. An original jurisdiction in all matters;
3. Appellate jurisdiction in any judgment of a District Court or Juvenile Court;
4. Jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by the Constitution; and
5. Any other jurisdiction conferred by the Constitution, this Act (Courts Act 1993, Act 459), or any other enactment.
6. A Justice of the High Court may, in accordance with the 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.
7. Supervisory Jurisdiction of the High Court.

The High Court has 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.

4. High Court Jurisdiction Over Acts of Piracy.

Subject to any right of appeal conferred by any enactment, only the High Court shall have jurisdiction to try an act of piracy.

5. High Court Jurisdiction in Relation to Infants.
6. In addition to any jurisdiction conferred by any enactment, the High Court shall have power, subject to the provisions of any other enactment 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
7. 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
8. For good cause to remove any guardian or joint-guardian and to appoint a new guardian or joint-guardian
9. To determine any dispute between a guardian and a parent, or between joint guardians
10. 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
11. 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
12. In respect of any infant to make such orders and give such directions permitting the use of money 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.
13. The welfare of the infant shall be the primary consideration of the High Court in the exercise of its powers under this section.
14. High Court Jurisdiction in Relation to Persons of Unsound Mind.
15. In addition to any jurisdiction conferred by any enactment, the High Court shall have power subject to the provisions of any other enactment 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
16. 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
17. 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
18. 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.
19. High Court Jurisdiction in Maritime Matters.
20. The High Court, subject to the provisions of any other enactment, has jurisdiction to hear and determine any of the following questions or claims 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
21. 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
22. 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)
23. 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
24. A claim in the nature of towage, whether the services were rendered on the high seas or within the territorial waters
25. 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
26. 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
27. 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
28. 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
29. 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.
30. The High Court also has power 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
31. To remove for good cause the master of any ship within the jurisdiction of the High Court and to appoint a new master
32. 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.
33. Rights of Appeal to the High Court.
34. Where a person is aggrieved by any judgment of a District Court in a civil matter such a person may appeal against the judgment to the High Court.
35. Where a person is aggrieved by an interlocutory order or decision made or given by a District Court such a person may appeal against the decision or order to the High Court with the leave of the District Court or the High Court and the High Court shall have jurisdiction to hear and determine the appeal.
36. Any appeal against a judgment of a Circuit, District, or 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.
37. The High Court shall not entertain any appeal unless the appellant has fulfilled all conditions imposed on that behalf by Rules of Court. [As substituted by the Courts (Amendment) Act, 2002 (Act 620), s.3]

 

In conclusion, the jurisdiction of these superior courts is strictly adhered to in ensuring systematic practice in Ghana’s legal system.

 

BY; VIDA NARKIE ODONKOR ESQ.

 

Disclaimer: This publication is for information purposes only and is not intended to constitute legal advice. If you require information on any matter discussed in this article, kindly reach out to the firm directly.

 

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