High Court (Commercial Division)

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

  1. 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.

  2. 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)

  3. 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.

  4. 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).

  5. 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.