Commercial Division suit
Commercial claims run on a compressed timetable with compulsory pre-trial settlement (ADR) before the case can be set down for trial.
- Timeline runs from
- Date the writ is filed
- Primary rules
- C.I. 47 Order 58 · ADR Act 2010 (Act 798)
Governing instruments
- C.I. 47High Court (Civil Procedure) Rules, 2004 (2004)
Master rules for civil practice in the High Court: commencement, service, pleadings, interlocutory applications, discovery, trial, judgment and enforcement.
Binds: High Court · Circuit Court (with modifications)
- Act 798Alternative Dispute Resolution Act, 2010 (2010)
Mediation, arbitration and customary arbitration, including court-referred settlement.
Binds: High Court (Commercial Division) · Court-connected ADR
Stage by stage
- 01
File writ with all documents relied on
Plaintiff / Applicant · C.I. 47 Order 58 r.3 · day 0
Commercial writs must be accompanied by every document relied on and the witness statements — you cannot hold documents back.
Time limit: All documents relied on must be filed with the writ; late documents need leave.
Form: Writ with all documents relied on annexed — Order 58 r.3 — confirm the form number against the current print
Assemble: Writ, Statement of claim, All documents relied on, Witness statements
Official cost: Witness statement / bundle of documents — GH₵90.00 (C.I. 86 Sch. 1, Pt. II — filings) · Writ of summons — GH₵220.00 (C.I. 86 Sch. 1, Pt. II (High Court) — commencement)
Filing without the complete document bundle; late documents need leave.
- 02
Appearance and defence with documents
Defendant / Respondent · C.I. 47 Order 58 r.4 · day 22
Defence must likewise carry all documents and witness statements relied on.
Time limit: Appearance and defence, with documents, within the Order 58 r.4 timetable.
Assemble: Defence, Defendant's documents, Witness statements
Official cost: Pleading (defence, reply, counterclaim) — GH₵90.00 (C.I. 86 Sch. 1, Pt. II — subsequent pleadings) · Witness statement / bundle of documents — GH₵90.00 (C.I. 86 Sch. 1, Pt. II — filings)
- 03
Pre-trial settlement conference (compulsory ADR)
Court · C.I. 47 Order 58 r.5 — within 30 days, concluded in 30 days · day 45
The pre-trial judge explores settlement. Attend with a client representative who can bind the party.
Time limit: Settlement conference within 30 days of the close of pleadings, concluded within 30 days.
Authority: Alternative Dispute Resolution Act, 2010 (Act 798) ss.63-72
Sending counsel without settlement authority wastes the window.
- 04
Set down for trial
Court · C.I. 47 Order 58 r.6 · day 80
Where settlement fails, the pre-trial judge issues a report and the case is set down.
Time limit: Set down promptly where ADR fails (Order 58 r.6).
- 05
Trial and written addresses
Court · C.I. 47 Order 58 r.7 · day 110
Trial is on the filed statements; the division aims to deliver judgment promptly.
Time limit: Written addresses on the timetable fixed at trial.
Assemble: Written address
Official cost: Writ of summons — GH₵220.00 (C.I. 86 Sch. 1, Pt. II (High Court) — commencement)
Official court costs are drawn from the C.I. 86 (2014) as amended — schedule v1 schedule and are recovered from the client at cost, separately from professional fees. Registries assess some charges per page or per mile.
This roadmap is a planning aid, not legal advice. Rules are amended and the court may give directions that displace these defaults — always verify against the cited rule.
Other procedure roadmaps
- High Court civil suitHigh Court (General Jurisdiction)
- Interlocutory injunctionHigh Court
- Judicial reviewHigh Court (supervisory jurisdiction)
- Appeal to the Court of AppealCourt of Appeal
- Criminal trial (summary)District / Circuit Court
- Labour / unfair termination claimNational Labour Commission and High Court (Labour Division)
- Probate and letters of administrationHigh Court / Circuit Court probate registry
