It is trite law that jurisdiction is a fundamental threshold issue that determines the competence of a court to adjudicate a matter. Without jurisdiction, the court is precluded from proceeding on the merits of the case or making any enforceable orders.
In the seminal case of Ghana Bar Association v Attorney-General (1995-1996) 1 GLR (Abban Case), Bamford Addo JSC affirmed these time-tested principles and added on page 613 of the record that:
“If jurisdiction is granted a court by statute, then what is already specified therein determines the nature and extent of that jurisdiction so granted to that court which cannot be extended or modified.” (emphasis is mine).
Jurisdiction therefore is not a concept that lends itself to flexibility and modification. Once the boundaries are set by the statute they cannot be adjusted in any way.
Her Lordship added on the same page that:
“In deciding the issue of jurisdiction, matters to take into consideration include the statute which invests jurisdiction as well as the true nature of the claim having regard to the pleadings, issues and reliefs sought or the actual effect of the reliefs, regardless of the words used or the manner in which the claim and reliefs are couched. “(emphasis is mine.)
This dictum is instructive – as it outlines a two-step framework for determining jurisdictional issues. First, the court must examine the statute conferring jurisdiction to ascertain the scope of its authority. Second, it must evaluate the true nature of the claim by analyzing the pleadings, issues, and reliefs sought—looking beyond their surface presentation to uncover their substantive essence.
Keeping in mind these parameters required for a jurisdictional analysis I will begin by carefully reviewing the governing statutes which invest the Ditrict Court with jurisdiction.
STATUTORY RULES ON CIVIL JURISDICTION – DISTRICT COURT
The civil jurisdiction of this honourable court is governed by Section 47 of the Courts Act 1993, (Act 459) as amended. The Long Title of the Court Act 1993, Act 459 affirms this as it provides as follows:
AN ACT to incorporate into the law relating to the courts, the provisions of chapter eleven of the Constitution; to provide for the jurisdiction of Regional Tribunals; to establish lower courts and tribunals, provide for their composition and jurisdiction; to consolidate and reenact the Courts Act, 1971 and to provide for connected purposes. (emphasis is mine).
Given how material the provisions of Section 47 are to this determination of jurisdiction I have provided the provisions in extenso with the amendments made by L.I. 2429 for ease of reference:
47. Civil Jurisdiction of District Courts.
(1) A District Court shall within the area of its jurisdiction have civil jurisdiction in the following matters—
(a) in a personal action arising under a contract or a tort or for the recovery of a liquidated sum of money where the amount claimed does not exceed five hundred thousand Ghana Cedis;” [as amended by LI 2429]
(b) to grant in any action instituted in the District Court injunctions or orders to stay waste or alienation or for the detention and preservation of any property the subject matter of that action, or restrain breaches of contracts or the commission of any tort;
(c) in claims for relief by way of interpleader in respect of land or other property attached in execution of a decree made by the District Court;
(d) in civil causes or matters relating to the landlord and tenant of any premises or any person interested in such premises as required or authorised by any law relating to landlord and tenant;
(e) an action relating to ownership, possession or occupation of land, where the value of land does not exceed five hundred thousand Ghana Cedis.” and [as amended by LI 2429]
(f) in divorce and other matrimonial causes or matters and actions for paternity and custody of children;
(g) in an application for the grant of probate or letters of administration in respect of the estate of a deceased person and in causes and matters relating to succession to property of a deceased person who has at the time of death a fixed place of abode within the area of jurisdiction of the District Court and the value of the estate or property in question does not exceed five hundred thousand Ghana Cedis. [as amended by LI 2429]
My humble evaluation of Section 47 of Act 459 indicates that it clearly outlines the scope of this Honourable Court’s jurisdiction in civil matters within its territorial limits. Specifically, a dispute must arise within the court’s geographical jurisdiction as a primary requirement. Additionally, there is a second criterion: the dispute must also fall within a specified list of civil subject matters before the court can accept jurisdiction. The subject matter is as follows:
Section 47(1) (a) further grants the court jurisdiction in personal actions arising from disputes involving a contract, tort or recovery of money up to a threshold of GHS500,000.00 (Five Hundred Thousand Ghana Cedis.)
Section 47(1)(b) empowers the court to grant equitable reliefs like injunctions, orders to stay waste and stay alienation, detention and preservation of property and to restrain the breach of any contract or tort. It is my humble view that the provision grants enabling equitable powers that ensure that the District Court can issue orders that preserve the subject matter of disputes already within its jurisdiction—contracts, torts, and other claims within the bounds of Section 47. Thus the phrase “in any action instituted in the District Court” cannot be made to extend beyond the types of matters defined in Section 47.
Section 47(1)(c) grants this Honourable Court jurisdiction in claims for relief by way of interpleader i.e. Actions brought by persons whose property has been wrongfully attached in execution of a decree made by the District Court;
Section 47(1)(d) grants this Honourable Court jurisdiction in civil disputes between the landlords, tenants and parties interested in respect of any premises as required or authorised by any law relating to landlord and tenant;
Section 47(1)(e) grants this Honourable Court jurisdiction to determine disputes relating to land, be it ownership, possession or occupation of land, insofar as the value of such land does not exceed a value of Five Hundred Thousand Ghana Cedis.
Section 47(1)(f) grants this Honourable Court jurisdiction to determine divorce and other matrimonial matters matters as well as actions to determine paternity and custody of children.
Section 47 (1) (g) empowers this Honourable Court with jurisdiction to grant probate, letters of administration and resolve disputes relating to succession. There are however two limitations placed on the court in respect of such matters.
The deceased must have had a fixed place of abode within the area of jurisdiction of the District Court at the time of his death and the estate they left behind must not exceed GHS500,000.00 (Five Hundred Thousand Ghana Cedis.)
Yaw Nkansah Abankroh Esq
