Court Affidavit (Ghana)

A Court Affidavit in Ghana confirms specified facts through a signed declaration sworn before a commissioner for oaths or notary.

Order 20 of the High Court (Civil Procedure) Rules 2004 (C.I. 47) sets out the technical requirements for affidavits filed in the High Court of Ghana. Rule 1 of O.20 requires that every affidavit be drawn up in the first person, state the full name, occupation, and address of the deponent, and divide the content into consecutively numbered paragraphs, each dealing with a distinct factual matter. Rule 5 of O.20 requires that matters stated on information and belief be identified as such, with the source of the information stated — failure to comply with this requirement can result in the affidavit being struck out by the court. Rule 7 of O.20 requires that any document referred to in the affidavit be exhibited and marked with the deponent's initials and a sequential exhibit number.

The Oaths Act 1972 (Act 418) governs the administration of oaths and affirmations in Ghana. Section 1 of Act 418 provides that an oath may be administered to any person who is required or permitted by law to make a sworn statement, and that the form of oath is effective regardless of the religious denomination of the deponent, provided the deponent regards the oath as binding on their conscience. Section 4 of Act 418 permits affirmation in lieu of oath for persons who have a conscientious objection to taking an oath. Affidavits are sworn before a Commissioner for Oaths appointed under the Commissioners for Oaths Act 1962 (Act 119), a Justice of the Peace, or a Notary Public authorised under the Notaries Public Act 1964 (Act 240) in Ghana.

A Court Affidavit in Ghana must be distinguished from a Statutory Declaration, which is a formal declaration made without oath for administrative purposes under the Statutory Declarations Act, and from a General Affidavit used for non-court administrative matters such as name changes at the Births and Deaths Registry or passport applications at the Ghana Immigration Service (GIS). The High Court of Ghana will only accept affidavits that comply strictly with Order 20 of C.I. 47 — a document that does not meet the formal requirements may be rejected by the Registry and will need to be resworn.

The Courts Act 1993 (Act 459) establishes the structure of the superior courts in Ghana, including the Supreme Court of Ghana, the Court of Appeal, the High Court, and the Circuit Courts. Court Affidavits for the High Court are filed at the High Court Registry in Accra, Kumasi, Sekondi, Cape Coast, Koforidua, Ho, Sunyani, Tamale, Bolgatanga, or Wa, depending on the jurisdiction where the proceedings are pending. Filing fees are paid to the Judicial Service of Ghana in accordance with the schedule published under the Courts (Amendment) Act.

A Court Affidavit in Ghana is required in the following circumstances before the High Court of Ghana, Circuit Courts, and specialist tribunals.

A Court Affidavit is required when making an ex parte application for an interlocutory injunction before the High Court of Ghana under Order 25 of the High Court (Civil Procedure) Rules 2004 (C.I. 47), where the applicant must swear to the urgency of the matter and the facts supporting the application.

A Court Affidavit is needed when responding to an application for summary judgment under Order 14 of C.I. 47, where the defendant must depose facts demonstrating that there is a genuine triable issue that ought to go to full trial before the High Court.

A Court Affidavit is required when applying for probate or letters of administration before the High Court (Probate Division) in Ghana, where the personal representative must swear to the death of the deceased, the validity of the will, and their entitlement to administer the estate under the Administration of Estates Act 1961 (Act 63).

A Court Affidavit is needed when applying to set aside a default judgment entered in the High Court, where the defendant must explain the reason for default and depose to a defence on the merits under Order 13 of C.I. 47.

A Court Affidavit is required before the Labour Division of the High Court of Ghana in employment dispute proceedings under the Labour Act 2003 (Act 651), where parties routinely support their pleadings with affidavit evidence at the interlocutory stage.

A Court Affidavit is needed when supporting an application before the Commercial Court in Accra under the Commercial Court Practice Direction, particularly in urgent applications involving freezing orders, search orders, or orders for disclosure of documents.

A Court Affidavit is required when initiating proceedings before the Human Rights Division of the High Court of Ghana under the Constitution of Ghana 1992 and the High Court (Civil Procedure) (Amendment) Rules 2016, where constitutional rights applications must be supported by affidavit evidence of the alleged violation.

Parties in Ghana should prepare a Court Affidavit (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Ghanaian law, the Constitution of the Republic of Ghana 1992 is the supreme law. The Courts Act 1993 (Act 459) governs court procedures. The Ghana Revenue Authority (GRA) administers tax under the Income Tax Act 2015 (Act 896). The High Court of Ghana has unlimited original jurisdiction under Article 140 of the Constitution. The Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Court Affidavit in Ghana under Order 20 of the High Court (Civil Procedure) Rules 2004 (C.I. 47) must contain the following essential elements.

Title and Case Reference: The full title of the proceedings in which the affidavit is filed — including the suit number assigned by the High Court Registry, the names of all plaintiffs and defendants, and the division of the High Court (Commercial Division, Human Rights Division, Land Division, Labour Division, etc.) — must appear at the top of the affidavit.

Deponent's Details: The full name, occupation, nationality, and residential address of the deponent must be stated in the opening paragraph, as required by Order 20 Rule 1 of C.I. 47. Where the deponent is deposing on behalf of a company incorporated under the Companies Act 2019 (Act 992), their capacity (director, company secretary, authorised officer) must be stated.

Statement of Facts in Numbered Paragraphs: All factual averments must be set out in consecutively numbered paragraphs, each confined to a distinct fact or group of facts. Paragraphs should be concise and precise, in the first person. Legal arguments should not be included in an affidavit — they belong in the accompanying written submissions.

Information and Belief: Where the deponent deposes to matters not within their personal knowledge, Order 20 Rule 5 of C.I. 47 requires the deponent to state that the matter is true to their information and belief, and to identify the source of the information — for example, a named solicitor, a document, or communications with a named person.

Exhibits: Documents referred to in the affidavit must be exhibited and marked with the deponent's initials and a sequential number (e.g., "KA-1", "KA-2") in accordance with Order 20 Rule 7 of C.I. 47. Each exhibit should be identified in the body of the affidavit at the paragraph where it is first mentioned.

Jurat: The jurat is the clause at the foot of the affidavit recording that the oath or affirmation was administered by a Commissioner for Oaths, Justice of the Peace, or Notary Public authorised under the Notaries Public Act 1964 (Act 240). The jurat must state the date and place of swearing, the name and signature of the authorised officer, and their official stamp or seal. An affidavit without a properly completed jurat is defective and may be struck out.

Deponent's Signature: The deponent must sign the affidavit in the presence of the Commissioner for Oaths or other authorised officer, at the foot of each page and at the jurat. Alterations to the affidavit after swearing are not permitted — a fresh affidavit must be sworn if corrections are needed.

Filing at the Registry: The Court Affidavit must be filed at the appropriate High Court Registry, together with payment of the prescribed filing fee to the Judicial Service of Ghana, before it can be served on the opposing party and relied upon in proceedings. Forms-legal.com provides this Court Affidavit template as a starting point for Ghana court proceedings documentation.

Additional compliance elements for a Court Affidavit (Ghana) used in Ghana include: Under Ghanaian law, the Constitution of the Republic of Ghana 1992 is the supreme law. The Courts Act 1993 (Act 459) governs court procedures. The Ghana Revenue Authority (GRA) administers tax under the Income Tax Act 2015 (Act 896). The High Court of Ghana has unlimited original jurisdiction under Article 140 of the Constitution. The Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.