Statement of Claim (Ghana)

A Statement of Claim in Ghana records a formal statement of the particulars it certifies.

The High Court of Ghana is established under Article 139 of the Constitution of Ghana 1992, which confers on the High Court unlimited original jurisdiction in civil and criminal matters. The High Court (Civil Procedure) Rules 2004 (C.I. 47) govern the procedure for civil proceedings before the High Court and are made under Section 81 of the Courts Act 1993 (Act 459). Order 11, Rule 1 of C.I. 47 requires that a Statement of Claim contain a concise statement of the material facts on which the plaintiff relies for the claim, set out in numbered paragraphs and without including evidence — evidence is presented at trial through witness statements and exhibits.

The Statement of Claim in Ghana is filed together with or after the Writ of Summons issued pursuant to Order 2 of C.I. 47. The Writ of Summons notifies the defendant of the proceedings and requires the defendant to appear before the Court within the time specified. The Statement of Claim provides the particularised basis for the claim, enabling the defendant to understand the case they must answer and to file a Defence under Order 11 of C.I. 47 within 14 days of service. A defendant who fails to file a Defence within the prescribed period is at risk of a judgment in default of defence being entered against them by the High Court under Order 12 of C.I. 47 without a full trial.

The Commercial Division of the High Court in Accra, established under the High Court (Commercial Division) Instrument 2005 (L.I. 1789), has exclusive jurisdiction over commercial disputes including contractual claims above a threshold value, banking and finance disputes, insurance matters governed by the Insurance Act 2021 (Act 1061), and company law matters under the Companies Act 2019 (Act 992). The Land Division of the High Court handles land disputes arising under the Land Act 2020 (Act 1036), the Lands Commission Act 2008 (Act 767), and related statutes, including disputes about stool land and customary land rights regulated by the Office of the Administrator of Stool Lands under the Stool Lands Act 1994 (Act 481).

The Statement of Claim must be signed by the plaintiff or the plaintiff's solicitor enrolled with the Ghana Bar Association (GBA) and the General Legal Council of Ghana. Solicitors in Ghana are licensed under the Legal Profession Act 1960 (Act 32) and regulated by the General Legal Council. A party who is not legally represented may file a Statement of Claim personally, but is strongly advised to obtain legal assistance given the procedural complexity of High Court proceedings under C.I. 47.

Under Order 19 of C.I. 47, the Court has broad discretion to strike out a Statement of Claim that discloses no reasonable cause of action, is scandalous, frivolous, or vexatious, or constitutes an abuse of the court's process. A well-drafted Statement of Claim that accurately states the material facts and the reliefs sought is therefore essential to the success of the plaintiff's case. Forms-legal.com provides this Statement of Claim template as a practical guide for parties initiating civil proceedings in Ghana's High Court, and recommends retaining a solicitor enrolled with the Ghana Bar Association for all High Court litigation.

A Statement of Claim in Ghana must be drafted with care to confirm that all material facts are clearly stated and that the reliefs sought are precisely formulated. The High Court (Civil Procedure) Rules 2004 (C.I. 47) require that pleadings be concise but complete, and a Statement of Claim that omits material facts or mis-states the reliefs sought may result in the claim being dismissed or restricted at trial. Legal practitioners enrolled with the Ghana Bar Association and regulated by the General Legal Council of Ghana are trained to draft Statements of Claim in compliance with C.I. 47, and their involvement significantly improves the prospects of success in High Court civil litigation.

A Statement of Claim in Ghana is needed whenever a plaintiff commences civil proceedings in the High Court of Ghana and is required to set out the factual basis for their claim in accordance with Order 11 of the High Court (Civil Procedure) Rules 2004 (C.I. 47).

The document is required in contractual disputes — for example, where a party seeks to recover a debt under a loan agreement, enforce a service agreement, or claim damages for breach of a construction contract. Commercial disputes above the threshold value are filed in the Commercial Division of the High Court in Accra under the High Court (Commercial Division) Instrument 2005 (L.I. 1789). Claims under the Contract Act 1960 (Act 25) form the largest category of commercial litigation before the High Court (Commercial Division).

The document is needed in property disputes — including claims for recovery of possession of land, disputes over title to land registered at the Lands Commission under the Land Act 2020 (Act 1036), and claims for trespass to land or interference with property rights. Such claims must be commenced in the Land Division of the High Court. Disputes involving stool land allocated under the customary land administration system governed by the Stool Lands Act 1994 (Act 481) also fall within the Land Division's jurisdiction.

The document is required in tort claims — including negligence by a motor vehicle driver under the Motor Traffic Act, defamation published on social media or in Ghanaian newspapers and television stations, professional negligence by lawyers enrolled with the Ghana Bar Association, accountants certified by the Institute of Chartered Accountants Ghana (ICAG), or medical practitioners registered with the Ghana Medical and Dental Council (GMDC). The plaintiff must set out in the Statement of Claim the specific facts constituting the tort and particularise the loss or damage suffered.

The document is needed where a party has previously sent a demand letter or formal notice requiring payment or performance, and the other party has failed to respond or comply within a reasonable period. The Statement of Claim commences the formal litigation process, triggers the defendant's obligation to respond under C.I. 47, and activates the court's jurisdiction to grant interim remedies such as injunctions under Order 25 of C.I. 47 where urgent protection of the plaintiff's rights is needed.

The document is also required where a claimant under a contract governed by Ghana law — such as an employment contract under the Labour Act 2003 (Act 651), a lease agreement, or a loan agreement — needs to enforce their rights through the courts after pre-litigation remedies such as mediation at the Commission on Human Rights and Administrative Justice (CHRAJ) or arbitration at the Ghana Arbitration Centre under the Alternative Dispute Resolution Act 2010 (Act 798) have been exhausted or are not applicable.

Parties should obtain legal advice from a solicitor enrolled with the Ghana Bar Association before filing a Statement of Claim, as procedural errors under C.I. 47 may result in the claim being struck out or subject to amendment applications that add cost and delay to the proceedings.

A correctly drafted Statement of Claim in Ghana in accordance with Order 11 of the High Court (Civil Procedure) Rules 2004 (C.I. 47) must contain the following key elements.

Heading and Case Number: The formal court heading identifying the High Court Division in which the claim is filed — for example, 'IN THE HIGH COURT OF JUSTICE (COMMERCIAL DIVISION) ACCRA' or 'IN THE HIGH COURT OF JUSTICE (LAND DIVISION) ACCRA' — followed by the suit number assigned by the registry upon filing of the Writ of Summons under Order 2 of C.I. 47. The heading must also identify the parties: 'Plaintiff' and 'Defendant'. Where multiple plaintiffs or defendants are involved, all parties must be named in the heading.

Parties' Full Details: The full legal names, addresses for service, and capacities of all parties. For companies incorporated under the Companies Act 2019 (Act 992) and registered with the Office of the Registrar of Companies (ORC) at the Registrar-General's Department (RGD), the company registration number should be stated. Where the plaintiff is a statutory body — such as the Ghana Revenue Authority (GRA), the Lands Commission, or the Environmental Protection Agency (EPA) — its enabling statute and the name of its authorised representative should be referenced.

Statement of Material Facts: Under Order 11, Rule 1 of C.I. 47, the Statement of Claim must contain a concise statement of the material facts relied upon, set out in numbered paragraphs with each paragraph dealing with a single distinct point of fact. The pleading should identify the relevant contract, tort, or statutory provision; the acts or omissions of the defendant complained of; the date and place of each relevant event; and the causal link between the defendant's conduct and the plaintiff's loss. Evidence itself is not included in the pleading — only the facts that the plaintiff will prove through evidence at trial.

Particulars of Loss and Damage: A specific itemised schedule of the financial loss, damage, or other harm suffered by the plaintiff as a result of the defendant's acts or omissions. Under Order 11 of C.I. 47, general damages must be expressly pleaded, and special damages — such as specific financial losses, costs incurred, and lost profits — must be particularised with specific amounts, dates, and invoices or receipts. A plaintiff who fails to particularise special damages adequately risks having those damages disallowed by the High Court at trial.

Reliefs Sought: A clear statement of the specific reliefs or remedies sought from the High Court, which may include: a declaration under the equitable jurisdiction of the High Court; an award of general and special damages under the Contract Act 1960 (Act 25) or relevant tort law; an injunction (interim or permanent) under Order 25 of C.I. 47; an order for specific performance of a contract; recovery of possession of land; an account of profits; or any combination of the above. The reliefs must be consistent with the facts pleaded in the Statement of Claim and must fall within the jurisdiction of the chosen High Court Division.

Legal Basis: Reference to the applicable statute, common law rule, or equitable principle on which the plaintiff relies — for example, Section 3 of the Contract Act 1960 (Act 25) for breach of contract claims, the tort of negligence under common law principles applied by the courts of Ghana, or Article 18 of the Constitution of Ghana 1992 for property rights. Where the claim involves a specialised area of law — such as the Labour Act 2003 (Act 651), the Companies Act 2019 (Act 992), or the Land Act 2020 (Act 1036) — the specific provisions relied upon must be stated.

Signature and Verification: The Statement of Claim must be signed by the plaintiff or the plaintiff's solicitor enrolled with the Ghana Bar Association and the General Legal Council of Ghana. A solicitor's endorsement indicates professional responsibility for the pleading and supports communication between the parties' legal representatives. Under Order 11 of C.I. 47, the Court may require a verification statement on affidavit confirming the truth of the facts pleaded in the Statement of Claim.

Forms-legal.com provides this Statement of Claim template as a starting point for civil litigation in Ghana. Parties are strongly advised to retain a solicitor enrolled with the Ghana Bar Association and the General Legal Council of Ghana before filing proceedings, as the High Court (Civil Procedure) Rules 2004 (C.I. 47) contain detailed procedural requirements that, if not met, can result in the claim being struck out by the High Court, delayed by amendment applications, or weakened at trial.

Service Requirements: Under Order 8 of the High Court (Civil Procedure) Rules 2004 (C.I. 47), the Statement of Claim must be served on the defendant personally or at their last known address, or by alternative methods permitted by the Court where personal service is impracticable. Service outside Ghana on a foreign defendant requires leave of the High Court under Order 10 of C.I. 47. Proof of service is filed at the High Court registry by way of an affidavit of service, which triggers the defendant's 14-day period for filing a Defence under Order 11 of C.I. 47.