This outlook examines key developments and anticipated trends across core areas of law, including civil procedure, constitutional law, the law of tort, company law, and the evolving impact of artificial intelligence in the practice. It provides insights into how these changes are expected to shape Ghanaian jurisprudence and influence the broader legal and regulatory landscape.
Civil Procedure
The law is dynamic and consistently evolves as the courts continue to apply known principles to unique disputes. The rules of procedure will largely remain unchanged unless there is an amendment of the rules by the Rules Committee. However, we do expect the courts to clarify and expand on the interpretation of the known rules of procedure and their application due to the novelty of procedural issues that may arise in civil litigation.
Also, with the introduction and operationalisation of the E-Justice system and the Practice Directions issued by the Chief Justice, there has been a concerted push towards the digitisation of the court registry and its processes. The court registries have begun gradually phasing in the processes to file court documents electronically at some court registries. We expect the publication of guidelines on the electronic filing of court documents to inform the public on the steps to follow to file documents electronically.
Constitutional Law
We note that recently, there has been a relative increase in cases filed in the Supreme Court seeking the interpretation of constitutional provisions. We expect that the Supreme Court will have new opportunities in 2025 to consider, interpret and clarify key provisions in the 1992 Constitution and principles of constitutional law that guide the application of these principles in Ghana.
Also, the introduction of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 in Parliament brought issues related to the rights of minorities to the fore of public discourse and led to the commencement of suits challenging the constitutionality of provisions in the Bill. Those suits were dismissed by the Supreme Court. The Bill ultimately lapsed as it was not assented to by the President before the 8th Parliament was dissolved. The proponents of the Bill suggest that it will be laid in the current Parliament to be approved by Parliament and assented to by the President. We expect that the Supreme Court will rule on the constitutionality of the provisions in the Bill if it becomes law. This will provide clarity on the constitutional protections of human rights.
Law of Tort
Our research suggests that there has been a general rise in tortious liability suits, particularly defamation and medical negligence actions. We suspect that this increase in these actions is due to the increased public awareness of the rights and protections in law to remedy the commission of these tortious wrongs. We expect a continued increase in the commencement and determination of such suits and the enrichment of the Ghanaian jurisprudence on these torts as the courts apply known principles in novel disputes that are litigated.
Company
The courts continue to shape corporate law by addressing key issues related to company ownership and management. In 2025, we anticipate judicial clarification and expansion of principles such as the corporate personality doctrine and the exceptions to the doctrine, the role and duties of directors and rules that guide the exercise of the court’s powers on the liquidation of companies.
Additionally, the courts are expected to interpret and clarify provisions in recent legislation, including the Corporate Insolvency and Restructuring Act, 2020 (Act 1015), the Companies Act, 2019 (Act 992), and the Companies Regulations, 2023 (LI 2473). These decisions will provide critical guidance on corporate governance, the roles of directors and shareholders, corporate liquidation, and insolvency, shaping the future of corporate regulation and compliance in Ghana.
Artificial Intelligence (AI)
As artificial intelligence continues to evolve, its impact on the legal sector is becoming more pronounced. The use of AI-powered legal research platforms and document automation software is enhancing lawyers’ efficiency. Moreover, predictive analytics are helping firms assess litigation risks and outcomes with greater accuracy, enabling more informed decision-making for clients.
For law firms, the challenge will be balancing innovation with ethical considerations and regulatory compliance. Firms that successfully integrate AI into their practice can enhance productivity, offer more cost-effective legal services, and gain a competitive edge in litigation strategy. However, they must also develop expertise in AI-related legal risks, advising clients on regulatory compliance, data privacy concerns, and liability issues arising from AI adoption in various industries. As AI reshapes the legal landscape, we expect firms to proactively adapt to be well-positioned to lead in an increasingly technology-driven legal environment. We also expect the gradual formulation and implementation of international and domestic regulations that guide the use of AI and the development of company-specific policies by law firms on using AI that consider and protect client confidentiality and promote business efficiency.
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