Supreme Court (SC) has original and exclusive jurisdiction in interpretation and enforcement of constitution and determination of constitutionality of Act of parliament. Final appellate court, exclusive appellate jurisdiction in high treason from High Court (HC) and chieftaincy matters from the National House of CHiefs (NHC). Supervisory jurisdiction over all courts per Art 132 and review of its decision per Art 133
Court of Appeal (COA) has no original jurisdiction, only appellate from HC, Regional Tribunal (RT) and Circuit Court (CC) in civil appeals, since C.I.47 governs both HC and CC.
High Court (HC) has original jurisdiction in all civil and criminal matters, appellate from District Court (DC) and CC in respect of criminal. Supervisory over all lower courts and quasi-judicial bodies by prohibitory writs, exclusive jurisdiction to enforce Human Rights (HR).
Regional Tribunal (RT) has same status as HC, but jurisdiction in founded offences against state and public interest, 3 panel, chairman qualified to be HC judge and 2 lay persons.
Superior courts (SC, COA, HC/RT) have power to commit for contempt, unlike the Lower courts (CC, DC/FT).
Circuit Court (CC) has jurisdiction in all civil (liquidated claims in contract and tort not exceeding 10,000, landlord/tenant ownership of land probate and LA where value of estate doesn’t exceed 10,000, appeals to COA) and criminal matters (except treason and death punishment, indictment, appeals to HC)
District Court (DC) / Family Tribunal (FT) has civil (personal actions out of tort and contract for liquidated sums not exceeding 5,000) and criminal (summary offences punishable by fine less 500 units and imprisonment less 2 years)
Lower court’s jurisdiction determined by Courts Act. DC and CC are both courts of original jurisdiction.
Civil Jurisdiction
A court which has jurisdiction to try cases between private persons, not requiring prosecution by state or police, Badu v Boakye 1975 where a tort is also a felonies crime, civil action cannot be commenced unless crime is prosecuted. Anarfi v Arthur 2001 departed from Badu that civil action isn’t dependent on criminal prosecution where act constitute both civil and crime, and a person may commence civil proceedings despite any criminal action or none.
SC C.I.16, COA C.I.19, HC and CC C.I.47, DC C.I.59
O 82r3 civil proceeding is an action commenced by writ or any other manner as prescribed by the rules or enactment.
Art 125, O 1r2, S 102 of Act 459 all court proceedings are held in public except O 50r3 public order, morality, policy, justice and fairness, etc.
O 80r1 where any matter of procedure isn’t provided for, courts may resort to practice in force in any CL country.
O 81 the effect of non-compliances may be cured unless default, infringes on rules of Natural Justice, goes to jurisdiction and goes contrary to the statute or rules. Republic v HC, Ex Parte Allgate short service, thus failure to give 4 clear days’ notice before moving application was mere irregularity and doesn’t render proceedings void.
Generally, parties cannot confer jurisdiction on court, but always by statute except S 47(3) of Act 620 that despite amount exceeding 5,000 DC may still try case where parties agree. Objection to jurisdiction may be raised at any time and parties cannot confer jurisdiction on court per Quist v Kwantreng.
There could be general rules ofprocedure or specific such as Matrimonial causes, Defamation O 57, Moneylending and Mortgage O 59, Maritime O 62, IP O 63, Commercial Practice O 58.
O 1r2, O 37r2, rules to achieve speedy, effective, avoid delay and multiplicity of suits, complete judgement, lawyers, courts, client to avoid unnecessary adjournments. O 37r3 proceedings delayed for 6 months at least requires not less 28 days’ notice to proceed to be served the wishing party