Best Commercial Litigation Lawyers in Ghana

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Founded in 1976
50 people in their team
English
The firm S. K. Boafo & Company, (Gye Nyame Chambers) was established in Adum, Kumasi in 1976. Initially registered as a sole proprietorship, it was converted into a limited liability company on 17th February 2003 and issued with a certificate to commence business on 18th February 2003. The firm...
Axis Legal
Accra, Ghana

Founded in 2000
50 people in their team
English
A leading legal firm with relevant experience in Corporate and Commercial advisory and LitigationWelcome to our leading legal firm, where we specialize in Corporate and Commercial advisory and Litigation services. At Axis, we take our role as counsel and advocates with a profound sense of...
ABM Attorneys at Law
Accra, Ghana

Founded in 2000
50 people in their team
English
Amorin, Boateng & Mensah (ABM) was formed by three young, distinguished and aggressive lawyers trained in the United Kingdom and the United States.Convinced that Ghana is truly the ultimate emerging economy, these brilliant attorneys strive not only to provide the best legal representation but...
K-Archy & Company
Accra, Ghana

Founded in 2000
50 people in their team
English
K-Archy & Company comprises of legal practitioners of the highest repute. Our expertise in legal representation covers a broad range of areas including: corporate and securities, environmental and health law, administrative and labour law, tax, immigration, human rights, property, commercial...
WTS NOBISFIELDS
Kumasi, Ghana

Founded in 2016
50 people in their team
English
Who We Are?WTS Nobisfields is a corporate and commercial law firm in Accra, Ghana. We are regulated and authorized by the General Legal Council to provide legal services.We are one of the leading business law firms, undertaking work for the leading companies and organizations doing business in...
Atuguba & Associates
Accra, Ghana

Founded in 2006
50 people in their team
English
Atuguba & Associates was established as a law firm in 2006 and is duly registered with the General Legal Council of Ghana.Atuguba & Associates underwent chambers registration in the year 2012, pursuant to the directives of the General Legal Council and Ghana Bar Association. All A&A...
MacCarthy & Associates
Accra, Ghana

Founded in 2000
50 people in their team
English
ABOUT MACCARTHY & ASSOCIATESA bespoke law firm that is made up of dynamic innovators who combine a deep understanding of the technical rudiments of our law with a unique ability to adjust to the shifting tides of our legal system.WELCOMEMacCarthy and Associates is an Accra-based law firm that...
Ntrakwah & Co.
Accra, Ghana

Founded in 1984
50 people in their team
English
Our Ghana lawyers don’t just know local business law-we help create it.Felix Ntrakwah founded Ntrakwah & Co. in 1984.Felix helped draft the new Companies Bill for Ghana, currently before Parliament, as a member of the Committee of Experts.Felix served as a member of the International Chamber...

Founded in 2013
10 people in their team
English
Afenyo-Markin, Okutu and Associates is a registered law firm under the laws of Ghana and certified by the General Legal Council. The firm was formed by two partners,  Alexander Afenyo-Markin and Bernina Korkor Maseyo Okutu, all distinguished legal practitioners.  Apart from the two...
Totoe Legal Service
Kumasi, Ghana

Founded in 1981
50 people in their team
English
TOTOE LEGAL SERVICE was established in 1981 by the late Thomas Asamoah Totoe, Esq after over 25 years in active private practice with other partners.Over the years the firm has gone through various changes to reshape it to suit modern - day best practice in the legal profession.  The firm...
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About Commercial Litigation Law in Ghana

Commercial litigation in Ghana refers to the legal process of resolving disputes that arise out of business transactions and commercial relationships. It involves bringing or defending lawsuits in the courts relating to contracts, partnerships, company law, trade, banking, real estate, intellectual property, and more. The objective is to settle disagreements through the formal legal system, ensuring that rights and obligations are enforced according to Ghanaian law. Commercial litigation can include lawsuits between companies, disputes between individuals and businesses, or conflicts within partnerships and shareholder arrangements.

Why You May Need a Lawyer

Commercial litigation can be complex, and the stakes are often high. You may need a lawyer in various situations such as:

  • Breach of contract - when one party fails to fulfill contractual obligations
  • Debt recovery - pursuing unpaid invoices or loans between businesses
  • Shareholder or partnership disputes - disagreements among business owners
  • Employment and labor disputes with a commercial angle
  • Enforcing or defending against claims of intellectual property infringement
  • Regulatory non-compliance allegations
  • Insurance and indemnity claims involving commercial assets
  • Disputes over the sale or purchase of goods and services
  • Real estate and land disputes involving commercial property
  • Fraud or misrepresentation in commercial transactions

A qualified lawyer can help you understand your rights, develop a strategy, represent you in court, negotiate settlements, and ensure compliance with all relevant laws and procedures.

Local Laws Overview

Commercial litigation in Ghana is governed by several statutes and regulations as well as common law principles. The most notable legal frameworks include:

  • The Companies Act, 2019 (Act 992) - regulates company formation, management, and dissolution, as well as dispute resolution among shareholders or directors.
  • The Contracts Act, 1960 (Act 25) - provides rules for forming, interpreting, and enforcing contracts.
  • The Courts Act, 1993 (Act 459) and Civil Procedure Rules - set out procedures for filing, hearing, and determining civil suits, including commercial disputes.
  • Alternative Dispute Resolution Act, 2010 (Act 798) - encourages mediation and arbitration before or alongside court action.
  • Specific industry regulations - banking, insurance, intellectual property, land use, and tax laws often influence litigation involving those sectors.

Cases are primarily handled by the High Courts, which have jurisdiction over commercial disputes. Specialized Commercial Courts exist in Accra and other key cities to expedite complex cases. Appeal mechanisms and court fees are strictly regulated under Ghanaian law.

Frequently Asked Questions

What types of cases are considered commercial litigation in Ghana?

Commercial litigation covers disputes involving business transactions such as contract breaches, trade disputes, shareholder issues, debt recovery, competition law, intellectual property, and real estate matters.

How long does it take for a commercial case to be resolved in Ghanaian courts?

The duration varies depending on the complexity of the case, court workload, and whether appeals are filed. Simple matters may be settled within months, but complex suits can take several years.

Is it mandatory to attempt mediation or arbitration before going to court?

While not always mandatory, Ghanaian courts regularly encourage parties to explore mediation or arbitration. Many commercial contracts also require alternative dispute resolution before litigation.

Can foreign companies file commercial lawsuits in Ghana?

Yes, foreign entities can access Ghana’s courts for commercial disputes, but it is advisable to engage local legal representation familiar with Ghanaian procedure.

What are the possible outcomes of commercial litigation?

The court may order payment of damages, specific performance of a contract, injunctions, or even dismissal of the claim. Costs may be awarded to the winning party.

How much does it cost to litigate a commercial case?

Costs depend on the nature and value of the dispute, including court filing fees, legal fees, and incidental expenses. Some lawyers may offer flexible billing arrangements.

Can I appeal a commercial court decision?

Yes, decisions from the High Court can be appealed to the Court of Appeal and, in some cases, to the Supreme Court of Ghana.

What documents do I need to provide to my lawyer?

Essential documents include contracts, correspondence, invoices, receipts, registration certificates, company documents, and any evidence relevant to the dispute.

Do I have a deadline to file a commercial claim?

Yes, limitation periods apply depending on the nature of the claim. Contract disputes, for example, usually have a six-year limitation under Ghanaian law.

What should I do if I am served with a commercial lawsuit?

Act promptly - consult a lawyer as soon as possible to assess your options and respond within the legal timeframe to avoid default judgment.

Additional Resources

If you need more information or help navigating commercial litigation in Ghana, consider reaching out to the following resources:

  • Judicial Service of Ghana - oversees the courts and provides information about court processes and case management.
  • Ghana Bar Association - can help you find qualified commercial lawyers or legal advice.
  • Commercial Courts Division - receives and expedites complex commercial disputes in key regions.
  • Registrar General's Department - holds company registration and regulatory records.
  • Alternative Dispute Resolution Offices - offer mediation and arbitration services in civil disputes.
  • Ghana Arbitration Centre - specializes in commercial arbitration and dispute resolution.

Next Steps

If you are facing a commercial dispute or believe you may need to initiate or defend a commercial lawsuit:

  • Gather all relevant documents and information related to the dispute.
  • Consult a qualified lawyer with experience in commercial litigation. They can assess your situation, advise on possible strategies, and represent you in negotiations or court.
  • Consider options for settlement, mediation, or arbitration before proceeding to full litigation, as these can save time and costs.
  • If a lawsuit is unavoidable, ensure your lawyer files the necessary documents within the required deadlines and keeps you updated at every stage.
  • Stay informed about your rights and responsibilities, and prepare for possible appeals or enforcement of court judgments if necessary.

Navigating commercial litigation in Ghana can be challenging, but with the right legal support and a clear understanding of your options, you can protect your business interests effectively.

Lawzana helps you find the best lawyers and law firms in Ghana through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Litigation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Ghana - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.