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             ACTS OF GHANA

                  FOURTH  REPUBLIC

 

  CIVIL PROCEEDINGS (FEES AND ALLOWANCES)
                              (AMENDMENT) RULES, 2004
      
   
                               SS

       C.I 45 

 

IN exercise of the powers conferred on the Rules of Court Committee by Article 154 . of the 1992 Constitution and section 80 (2) of the Courts Act, 1993, (Act 459) these Rules are made this 21st day of July, 2003..

1. The Civil Proceedings (Fees and Allowances) Rules, 1978 ( L.I. 1190) as .amended hereby further amended by-the substitution for the First, Second and Third Schedules to the Rules of the Schedules set out to these Rules.. -

2. The Civil Proceedings (Fees and Allowances) (Amendment) Rules, 1992 (L.1. 1540) are hereby revoked.

FIRST SCHEDULE

DISTRICT, CIRCUIT AND HIGH COURT FEES

PART 1 -FEES FOR WRITS, MOTIONS', ETC.

 

 

1.

Writ of summons at the District Court where claim exceeds I million

¢ 10.000

1.2.

Writ of summons at the District Court where claim exceeds I million

¢ 25,000

 

Writ of Summons at the District Court where claim exceeds 5 millionbut below~25million

¢ 75,000

 

Writ of summons at the District court where claim exceeds 25 millionBut below 50million

¢100,000

 

Writ of Summons at the Circuit Court

¢ 150,000

 

Writ of Summons at the High Court where the claim does not exceed 100 million

¢ 200,000

 

Writ of Summons at the High Court where the claim exceeds I 00 million but below 500 million

¢ 500,000

 

Writ of Summons at the High Court where the claim exceeds 500 million but is below 1 billion..

¢ 1,00,000

 

Writ of summons at the High Court where the claim exceeds I billion

¢2,00000

 

Judicial Relief at the District Court (where an amount estimated), eg mesne profit, trespass, declaration Injunction, etc.,

¢ 25,000

 

Judicial Relief at the Circuit and High Court (where an amountestimated), eg mesne profit, trespass, Declaration injunction, etc.,

¢ 100,000

 

And for additional relief

¢ 20,000


CIVIL PROCEEDINGS (FEES AND ALLOWANCES)
(AMENDMENT) RULES, 2004

6

Interpleader Summons

¢ 100,000

7

On filing motion paper at the District Court

¢ 10,000

8.

On filing motion paper at the Curcuit and HighCourt

¢ 50,000

9.

On concurrent writ

Scale as inoriginal summons

10.

On any amendment at the District Court

¢ 10,000

II.

On any amendment at the Circuit and High Court

¢ 50,000

12

.On filing Notice of Appeal to High Court

¢ 100,000


PART II - PROBATE AND ADMINISTRATION

1.

On application for Probate or Administration for small Estatebefore the Registrar

¢ 25,000

2

.On application for Probate or Administration

100,000

3.

On Oath of each Executor or Administration Bond

¢ 20,000

4.

On Administration of Bond

¢ 20,000

5.

On grant of Probate or Letters of Administration where the value of property declared does not exceed ¢50,000,000

¢150,000

6.

Where the value exceeds ¢50,000,000 but does not exceed ¢100,000,000

¢1,000.000

7.

Where the value exceeds ¢100,000,000 but does snot exceed ¢1billion

¢500,000

8.

(i) Where the value exceeds ¢5 billion

(ii) Where the value exceeds ¢5 billion but does not exceed ¢10 billion

(iii) Where the value exceeds ¢10 billionj

¢1,000,000

¢5,000,000

¢5,000,000

9.

Preparing and posting each notice

¢25,000

10.

Preparing and swearing of affidavit of posting up

¢25,000


PART III - DIVORCE AND MATRIMONIAL CAUSES

1

On Petition

¢100,000

2

On Application for ancillary relief

¢50,000

3

On Certificate of Registrar

¢20,000

4

On Application for Certificate for Divorce

¢50,000

PART IV - ADOPTION

1

Application/Summons for Adoption

¢250,000


PART V - EXECUTION

1.

On issuing Writ of Execution against property

¢200,000

2.

On issuing Writ of Possession

¢100,000

3.

For executing Writ of Possession or Delivery

¢350,000

4.

Safe custody of property attached, per day

¢20,000

5.

Personal arrest, including arrest on Order of Committal or attachment and where necessary conveying the person arrested to prison from place of arrest

¢100,000

6.

For sale under execution or distress warrant, including the receipt of the purchase money and delivery of the property on the amount of the purchase money.

0.5%

7.

On service of document by Baliff

¢10,000

8.

For preparing and swearing affidavit of service by order of the Court

¢25,000


PART VI - MISCELLANEOUS

9.

On every Subpoena

¢25,000

10.

On swearing Affidavit or making Declaration (except under section 18 of the Auction Sales Law, 1989 (P.N.D.C.L 230), or if not otherwise specifically charged) for each deponent.

¢25,000

 

 

 

 

11

On marking every exhibit or document (put in evidence)

¢1,000

12.

On filing any document (if not otherwise specifically charged)

¢5,000

13.

On attesting signature of a document or execution of a Deed (for each copy)

¢100,000

14.

On affixing the Seal of the Court to a document not in a Proceeding.

¢100,000

15.

On certifying a copy of a document as an office copy, if not otherwise specifically charged, for every sheet.

¢20,000

16.

On every Order drawn up, and every office copy of an Order (if not otherwise specifically charged)

¢50,000

17

On making a copy of a document of proceedings for the 1st 20 pages

¢50,000

18.

On every Formal Decree

¢50,000

19.

On granting Certificate of Purchase of land (or any immovable property) sold under a decree for every ¢20,000 of part thereof

¢100,000

20.

On deposit of a Will for safe Custody

¢25,000

21.

On payment of money into Court in satisfaction of claim, or the amount paid in

¢50,000

22.

On withdrawal of money paid into Court by a Receiver and Manager.

¢100,000

23

On Order to show Cause

¢¢25,000

24.

On issuing Writ of Habeas Corpus

¢10,000

25

On Warrant for prisoner to give evidence.

¢10,000

26.

On Warrant of Arrest.

¢10,000

27

On Warrant for Witness.

¢10,000

28

On Warrant or order of attachment against a property for every ¢40,000

¢100,000

29

On order of reference to Referees

¢200,000

30.

On the hearing of a reference before an official referee, or deputy official referee, per day

¢200,000

31.

On commission to take evidence

¢200,000

32

On every Bond not specifically charged

¢50,000

33.

On justification of each surety

¢25,000

34.

On filing notice of change of Solicitor

¢25,000

35

On Writ of foreign attachment

¢1,500,000

36.

For taking Inventory of property by direction of the Court for each day or part of a day

¢100,000

37

For taking and putting into writing the statement of any person by direction of the Court

¢100,000

38

For searching the archives for each period of six months or part Thereof

¢100,000

39.

For an officer of Court accompanying a Judge or Referee to view land (besides travelling expenses) from each Party

¢50,000

40

For drawing bill of costs when directed by the Court for every Sheet

¢50,000

41.

For taxing costs

¢10,000

42.

(i) Where a duty under this Part is performed or a document isserved at a greater distance that twenty-five kilometres fromthe Court there shall be paid

(ii) in addition to any other fee, for each kilometre

¢20,000

¢200,000


SECOND SCHEDULE
COURT OF APPEAL FEES

1.

On filing notice of appeal against a final judgement or decision

¢250,000

2.

On respondent's notice of intention to contend that decision of Court below be varied

¢200,000

3.

On filing notice of appeal against Interlocutory Order or decision

¢350,000

4.

On filing Motion for special leave to appeal

¢350,000

5.

On filing notice of appeal where special leave granted

¢150,000

6.

On Bond to secure costs of appeal

¢100,000

7.

On settling record of appeal

¢100,000

8.

On filing Motion for extension of time:
(a) where time has not yet expired
(b) where time has already expired

¢250,000

¢350,000

9.

For stay of execution

¢300,000

10.

On filing any motion not otherwise provided for

¢50,000

11.

On filing amended or additional grounds of appeal.

¢100,000

12.

On amending or adding to grounds of appeal by leave or direction of the Court at the hearing

¢200,000

13.

On filing any motion to restore appeal dismissed under Rule 18(3) of C.I. 19

¢650,000

14.

On filing Motion to set aside and re-hear appeal determined ex-parte

¢450,000

15.

On filing Motion to set aside taxing officer's decision or Order

¢ 50,000

16.

On every certificate of the Order of the Court (made on the final determination of appeals)

¢150,000

17.

On filing every document or exhibit

¢5,000

18.

On office copies of any document for the first 20 sheets

thereafter every sheet

¢ 50,000

¢2,000

19.

19. On lodging a bill of costs for taxation including taxation for the first twenty folios

¢ 50,000

20.

20. For every ten foli9os or part thereof after the first twenty

¢ 5,000


THIRD SCHEDULE

SUPREME COURT FEES

 

1.

Writ to invoke Original Jurisdiction

¢500,000

2.1

Motion to invoke the Supervisory Jurisdiction, Affidavit and Statement of Case

¢500,000

2.2

Motion for Review, Affidavit and Statement of Case

¢500,000

3.

Petition to challenge Election of President

¢5,000,000

4.

Filling of Statement of Case

¢250,000

5.

Application for Leave or for amendment or for Extension of time

¢250,000

6.

Applications generally

¢250,000

7.

Filing of Document(s) as exhibits attached to an Affidavit or Statement of Case

¢10,000

8.

Service of Documents

Same as in the High Court

9.

Filing of Supplementary or further Affidavit

¢250,000


WITNESS ALLOWANCES
All witnesses:

 

District Court

50,000

 

Circuit Court

100,000

 

High Court

200,000

 

 

 

 

 

1. His Lordship Mr. Justice g. K. Acquah (chief Justice)

Sgd.

2. Hon. Papa Owusu-Ankomah, M.P. (Attorney-General & Minister for Justice)

Sgd.

3. His Lordship Mr. Justice S. A. Brobbey (Justice of the Supreme Court)

Sgd.

4. His Lordship Mr. Justice Essilfie-Bonzie (Justice of Appeal)

Sgd.

5. His Lordship Mrs. Justice Beatrice Agyeman-Bempah

Sgd.

6. Brigadier A. B. Donkor (Judge Advocate-General of the Ghana Armed Forces)

Sgd

7. Mr. D. r. K. Sankah (Editor, council for Law Reporting)

Sgd.

8. Mr. Nutifafa Kuenyehia (Ghana Bar Association)

Sgd.

9. Miss Effiba Amihere (Ghana Bar Association, Member/Secretary)

Sgd.

 

 

Date of Gazette notification: 6th February, 2004

 

 

 

 

 

 

 

 

 

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