CIRCUIT COURT
The Circuit Court comes just below the High Court. A Circuit Court is presided over by a Circuit Judge.
The Circuit Court is established under the Courts Act, 1993, Act 459 (as amended by Act 620, of 2002).
Per section 40 (4) of the Act, A person shall not be appointed a Circuit Court Judge unless he is of high moral character and proven integrity and is of not less than five years standing as a lawyer.
In terms of its jurisdiction, it has criminal jurisdiction in all criminal matters except in treason, high treason, offences tried by indictment and offences punishable by death.
With the coming into force of the Courts Regulation, 2020, L. I. 2429, on 16th December, 2020, the relevant sections of the Courts Act, have been amended to expand the jurisdiction of the lower courts.
In the case of the Circuit Court, it’s civil jurisdiction in all personal actions arising under contract, tort, or for the recovery of liquidated claims, probate and letters of administration is now up to GHC 2,000,000.00 (Two Million Ghana Cedis). However, it remains the case that the civil jurisdiction of the Circuit Courts is not limited in monetary value regarding land disputes.
DISTRICT COURT
The district court is the “lowest” of the courts. The district courts are found in almost every district of Ghana.
A district court is presided over by a district Magistrate.
The district courts are established under the section 45 of the Courts Act, 1993, Act 459 (as amended by Act 620, of 2002).
Per section 46 (1) of the Act, A person shall not be appointed a District Magistrate unless he is of high moral character and proven integrity.
One unique thing about the district courts is that there are two different types of magistrates; career magistrates and professional magistrates. While career magistrates are untrained lawyers and have no original chance to progress to the other courts above it, professional magistrates are trained lawyers and have the chance to be promoted or elevated to the courts above it, including up to the Supreme Court.
In terms of its jurisdiction in criminal matters, it has jurisdiction to try summary offences that are punishable by fine not exceeding five hundred penalty units or for imprisonment to a term not exceeding two (2) years.
In civil matters, following the coming into force of the L. I. 2429, it’s civil jurisdiction in all personal actions arising under contract, tort, or for the recovery of liquidated claims, probate and letters of administration is now up to GHC 500,000 ( Five Hundred Thousand Ghana Cedis ).Similarly, it’s civil jurisdiction is limited in monetary value to the same GHC 500,000, unlike the Circuit Court.
