A Commercial Division Built to Settle Cases
Commercial disputes above the prescribed value go to the Commercial Division of the High Court, whose rules require the parties to attend a pre-trial settlement conference presided over by a judge before the matter can be set down for trial.
This is not a formality. The conference is structured, the judge engages with the merits, and a substantial share of commercial matters conclude there. For a creditor the implication is practical: the file needs to be complete and the settlement position needs to be worked out before that hearing, not after it.
Summary Judgment
Where the debt is liquidated and the defendant has no reasonable prospect of defending, summary judgment is available and avoids trial altogether. Preparing the application also prepares you for the settlement conference - the same evidence establishes both that the claim is good and that defending it is pointless.
Getting the Money Out
Recovery denominated in cedi must be converted and transferred abroad through the banking system, and outbound transfers require documentation evidencing the underlying trade. Availability of foreign currency has varied.
As across the region, the answer is to make currency an express term of any settlement - the currency of payment, the channel, and the timing - rather than an assumption. Where the debtor is an exporter in cocoa, gold or oil services, structuring against foreign currency receipts is frequently what makes the difference.
Six Years
The Limitation Act gives six years for a simple contract claim, running from when the cause of action accrued. A written acknowledgement or part payment restarts the period. Six years is generous, but the practical prospects on a Ghanaian file decline well before the legal deadline as records disperse and companies restructure.
How Long Does a Ghanaian Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Demand letter Formal demand, negotiation | 3–5 weeks | Low |
| Writ and appearance Commercial Division | 2–4 months | Medium |
| Pre-trial settlement conference Judge-supervised, often decisive | 3–8 months | Medium |
| Summary judgment Where no reasonable prospect of defence | 6–14 months | Medium |
| Enforcement and remittance Execution, then currency transfer | 4–12 months | Medium |
How Does SXB Global Handle a Ghanaian Case?
We build the file for the settlement conference, because that is where Ghanaian commercial cases are actually decided. A creditor who arrives able to demonstrate that a summary application would succeed negotiates from a position the debtor cannot ignore - and we address currency at the same time rather than afterwards. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.