Enforcement of Foreign Judgments in Ghana: Recognized Countries and Legal Framework
The enforcement of foreign judgments in Ghana is governed by a combination of statutory provisions and common law principles. Foreign judgment creditors seeking to enforce their judgments in Ghana must understand the legal framework, including recognized countries under Ghanaian law and the procedures available when statutory recognition does not apply.
Statutory Framework for Recognition
The Courts Act, 1993 (Act 459) and the Foreign Judgments and Maintenance Orders (Reciprocal Enforcement) Instrument, 1993 (LI 1575) regulate the enforcement of foreign judgments in Ghana. These laws establish a reciprocal enforcement mechanism, allowing judgments from designated countries to be recognized and enforced without the need for fresh litigation.
Recognized Countries Under LI 1575
LI 1575 provides a list of countries whose judgments are automatically enforceable in Ghana on a reciprocal basis. These include:
• United Kingdom
• France
• Spain
• Italy
• Japan
• Brazil
• Lebanon
• Israel
• Senegal
Judgments from these countries can be registered in the Ghanaian courts and enforced as if they were local judgments, provided they meet specific legal criteria.
Enforcement of Judgments from Non-Recognized Countries
For foreign judgments originating from countries not listed under LI 1575, enforcement is still possible but follows a different procedure based on common law principles.
Common Law Enforcement of Foreign Judgments
Under Ghanaian common law, a foreign judgment can be enforced if it meets the following conditions:
1. Final and Conclusive Judgment
• The judgment must be final and not subject to appeal in the originating country.
2. Competent Jurisdiction
• The foreign court must have had proper jurisdiction over the parties and the subject matter.
3. Judgment on the Merits
• The decision must have been based on the substance of the dispute rather than procedural or technical grounds.
4. Absence of Fraud
• The judgment must not have been obtained through fraudulent means.
5. Not Contrary to Public Policy
• Enforcement must not violate Ghanaian public policy, morality, or fundamental principles of justice.
Procedure for Enforcing a Foreign Judgment in Ghana
When seeking to enforce a foreign judgment under common law, the creditor must initiate fresh proceedings in a Ghanaian court. The process involves:
1. Filing a Claim
• The judgment creditor files a lawsuit in the High Court of Ghana, relying on the foreign judgment as evidence of the debt.
2. Application for Summary Judgment
• If the debtor has no legitimate defense, the creditor can apply for a summary judgment to expedite the enforcement process.
3. Compliance with the Limitation Period
• The claim must be filed within six years from the date of the foreign judgment.
Foreign judgments can be enforced in Ghana either through reciprocal recognition under LI 1575 or common law procedures for non-recognized countries. While judgments from designated countries benefit from a more straightforward enforcement process, those from other jurisdictions must go through litigation in Ghanaian courts.
