Published February 9, 2025
Adjournments are a common feature of court proceedings in Ghana, allowing cases to be postponed to a later date for various reasons. While they can be necessary to ensure justice is properly served, frequent adjournments can also contribute to delays in the judicial process. This article explores how adjournments work in Ghanaian courts, the legal basis for granting them, and their impact on the administration of justice.
Legal Basis for Adjournments
Adjournments in Ghanaian courts are governed by the Courts Act, 1993 (Act 459), the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the District Court Rules, 2009 (C.I. 59), and the Criminal Procedure Code, 1960 (Act 30). These laws grant judges the discretion to adjourn cases when necessary to ensure fair trial processes.
For instance, Order 37 Rule 3 of C.I. 47 provides that the court may adjourn proceedings if it finds it just and reasonable to do so. Similarly, under Section 169 of Act 30, a criminal court may adjourn a trial if it is in the interest of justice. In the case of Maikankan and others (1973) 2 GLR 222 to 226, Azu Crab CJ (as he then was) held that as a general rule the granting of adjournment is in the discretion of the court. As it is an exercise of judicial discretion, it would mean it cannot be exercised capriciously and must be reasonable and be guided by factors.
Common Reasons for Adjournments
A judge may grant an adjournment for several reasons, including:
1. Absence of a Party or Counsel
• If a party or their lawyer is absent due to unforeseen circumstances, the court may adjourn the case. However, the judge may proceed in their absence if it is deemed appropriate. A similar scenario happened in the popular case of Omaboe v Kwame (1978) GLR 122 TO 126 where the hearing of an application for default judgement, the trial court had proceeded in the absence of the counsel of the appellant as the court decided that the absence of counsel was deliberate and had not been informed by any good reasons or sufficient grounds.
2. Need for Further Evidence or Documents
• If a party needs more time to gather crucial evidence, file documents, or secure witnesses, the court may grant an adjournment to prevent injustice.
3. Settlement Negotiations
• Courts sometimes adjourn cases to allow parties to explore settlement options, especially in civil disputes where alternative dispute resolution (ADR) is encouraged.
4. Judicial or Administrative Constraints
• A case may be adjourned due to the unavailability of the judge, a crowded docket, or the need for further legal research.
5. Health or Personal Circumstances
• If a party, witness, or counsel is unwell or has an emergency, the court may grant an adjournment on humanitarian grounds.
6. Delay Tactics by Parties
• Some parties deliberately seek adjournments to frustrate the case or gain an unfair advantage. However, courts often impose costs on parties who request adjournments without valid reasons.
Procedure for Requesting an Adjournment
A party seeking an adjournment must formally apply to the court, either orally or in writing, stating the reasons for the request. The opposing party may object if they believe the adjournment is unnecessary or prejudicial.
The judge has the discretion to:
1. Grant the adjournment and set a new hearing date
2. Refuse the request and order the case to proceed
3. Impose costs on the party seeking adjournment if it appears to be a delay tactic
Effect of Adjournments on Justice Delivery
While adjournments can be beneficial, excessive delays undermine the efficiency of the judiciary. Frequent adjournments contribute to case backlog, increased legal costs, and frustration among litigants. In criminal cases, adjournments can prolong the detention of accused persons, affecting their right to a fair and speedy trial.
To address these challenges, Ghanaian courts have increasingly enforced case management practices, including:
• Setting strict timelines for trials
• Penalizing parties who unduly delay proceedings
• Encouraging ADR to reduce litigation
Conclusion
Adjournments are an essential part of Ghana’s legal system, ensuring cases are heard fairly and thoroughly. However, they must be granted judiciously to prevent unnecessary delays in justice delivery. Courts, lawyers, and litigants all have a role to play in ensuring that adjournments serve the interests of justice rather than being used as a tool for delay.
Adwoa Adjei is a Legal Practitioner at Amoako Adjei Law Consult. Her Practice areas are litigation and Dispute Resolution, Family and Property law.
