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ARRANGEMENT OF RULES
Rule
1. Application
2. Fees in District, Circuit and
High Court
3. Fees in Court of Appeal
4. Witness allowances, etc.
5. Witness summoned on subpoena
6. Court expert's allowances, etc.
7. Government exemption
8. Court may exempt
9. Provisions revoked and amended
10. Commencement.
FIRST SCHEDULE—District, Circuit
and High Court Fees.
SECOND SCHEDULE—Court of Appeal
Fees.
THIRD SCHEDULE—Witness Allowances.
IN exercise of the powers
conferred on the Rules of Court
Committee by section 75 of the
Courts Act, 1971 (Act 372), these
Rules are made this 3rd day of
November, 1978.
Rule 1—Application.
These Rules shall apply in respect
of civil proceedings in a District
Court, Circuit Court or High Court
or in the Court of Appeal, as the
case may be.
Rule 2—Fees in District, Circuit
and High Court.
(1) subject to rules 7 and 8, the
fees specified in the First
Schedule shall be paid in respect
of civil proceedings in a
District, Circuit or High Court.
(2) The party concerned shall pay
the fees to the Registrar of the
Court and may afterwards recover
them as costs if the Court so
orders.
(3) The same fees are payable on a
counterclaim as if the claim had
been made by writ of summons.
(4) Where the Registrar executes
any duty in person by direction of
the Court he is entitled, instead
of mileage fees, to his actual
travelling expenses and to such
travelling allowances as the Court
may direct.
Rule 3—Fees in Court of Appeal.
(1) Subject to rules 7 and 8, the
fees specified in the Second
Schedule shall be paid in respect
of civil proceedings in the Court
of Appeal.
(2) Such fees shall be paid to the
Registrar of the Court from which
the appeal is brought or to the
Registrar of the Court of Appeal
as the case may be.
Rule 4—Witness Allowances, etc.
(1) Subject to rule 5, the party
on whose behalf a witness is
called shall pay to that witness—
(a) the appropriate witness
allowance specified in the Third
Schedule; and
(b) the travelling expenses
reasonably and actually paid by
that witness.
(2) The party concerned may
afterwards, if the Court so
orders, recover as costs the
witness allowances and travelling
expenses reasonably and actually
paid by him under this rule.
(3) This rule shall not apply if
the Court makes an order under
section 60 of the courts Act, 1971
(Act 372).
(4) This rule shall not apply in
the case of a public officer
called as a witness by the State.
Rule 5—Witness Summoned on
Subpoena.
(1) The party applying for a
subpoena may be required, before
the subpoena is issued and within
a period to be fixed, to pay into
Court such sum of money as appears
to the Registrar of the Court to
be sufficient to defray the
travelling and other expenses of
the person subpoenaed in
travelling to and from the Court
in which he is required to attend,
and one day's attendance.
(2) In determining the amount
payable under this rule regard
shall be had to the scale of
allowances set out in the Third
Schedule, but the Court may, in
the case of any person summoned to
give evidence as an expert, allow
reasonable remuneration for the
time occupied both in giving
evidence and in performing any
work of an expert character
necessary for the case.
(3) The sum so paid into Court
shall be tendered to the person
subpoenaed at the time of the
service of the subpoena, if it can
be served personally; or if the
Court so directs, the person
subpoenaed may be notified that
the sum so paid into Court will be
paid out to him on his attendance.
(4) Where it appears to the court
that the sum so paid into Court is
not sufficient to cover the
expenses and attendance of the
person subpoenaed, the Court may
direct such further sum to be paid
to him as appears to be necessary
on that account, and in case of
default of payment may order such
sum to be levied by attachment and
sale of the movable property of
the party obtaining the subpoena,
or the Court may discharge the
person summoned without requiring
him to give evidence, or may order
both such levy and such discharge
as aforesaid.
Rule 6—Court Expert's Allowances,
etc.
(1) Where on the application of
any party the Court appoints an
independent expert (in this rule
called the "court expert") to
enquire and report on any question
of fact or opinion not involving
questions of law or construction,
the Court shall fix the
remuneration of the court expert,
which shall include a fee for
making the report or fee for any
supplementary report and a proper
sum per day for each day on which
the Court expert is required to
attend in Court or before an
examiner.
(2) The parties shall be jointly
and severally liable to pay the
remuneration so fixed without
prejudice to the question by whom
it shall be ordered to be paid as
part of the costs of the
proceedings:
Provided that where the
appointment of a court expert is
opposed the Court may require the
party applying for the appointment
to give such security for the
remuneration of the Court expert
as the Court thinks proper as a
condition of making the
appointment.
Rule 7—Government Exemption.
No fees shall be payable under
these Rules where they would be
paid by the State or any
Government Department, or where
the Attorney-General has certified
to the Registrar of the Court that
the Government is defraying the
costs of the party by whom they
would be payable:
Provided that where a person is
ordered to pay the costs of the
State, or of any Government
Department, or of any party in
respect of whom the
Attorney-General has certified as
aforesaid, the fees which but for
this rule would have been payable
shall be taken as having been paid
for the purposes of assessing any
costs which the Court may award
and shall be recoverable from such
person.
Rule 8—Court May Exempt.
(1) The Court may on account of
the poverty of any person or for
any other sufficient reason, to be
stated in the minutes, dispense
with the payment of any fee under
these Rules if it thinks fit.
(2) A District Court shall not
dispense with the payment of any
fee under these Rules without the
prior consent of the Chief Justice
signified in writing.
Rule 9—Provisions Revoked and
Amended.
(1) The following provisions of
the High Court (Civil Procedure)
Rules, 1954 (L.N. 140A) are hereby
revoked:—
rule 46 of Order 37
rule 7 of Order 37A
rule 20 of Order 41A
rule 30 (9) (b) of Order 65
Order 68
Parts II to V of Appendix M.
(2) The following provisions of
the Court of Appeal Rules, 1962 (L.I.
218) are hereby revoked:—
rule 37
the Second Schedule.
(3) The proviso to rule 34 (2) of
the Court of Appeal Rules, 1962 (L.I.
218) is hereby amended by the
substitution, for the words "the
Second Schedule" appearing
therein, of the words "the Civil
Proceedings (Fees and Allowances)
Rules, 1978".
Rule 10—Commencement.
These rules shall come into force
on the 1st day of January, 1979.
SCHEDULES
FIRST SCHEDULE
DISTRICT, CIRCUIT AND HIGH COURT
FEES
PART 1—FEES FOR WRITS, MOTIONS,
ETC.
District
Court Circuit and High
Court
¢ ¢
1. On writ of summons or
originating summons 10.00
20.00
2. On concurrent writ of
originating summons
3.00
5.00
3. On petition
3.00 5.00
4. On interpleader
10.00 20.00
5. On filing motion
paper
3.00 5.00
6. On any amendment
5.00 10.00
7. On placing cause on
list for review
5.00
10.00
8. On filing notice of
appeal to High Court —
5.00
PART 2—PROBATE AND ADMINISTRATION
9. On application for
probate or administration
3.00
5.00
10. On oath of each executor
or administrator
3.00 5.00
11. On grant of probate or
letters of administration
10.00 20.00
12. Preparing and posting of
each notice
1.00
2.00
13. Preparing and swearing
affidavit of posting up
1.00 1.00
PART 3—EXECUTION
District Court Circuit and High
Court
¢ ¢
14. On issuing writ of
execution against property
3.00 5.00
15. On issuing writ of
possession
3.00 5.00
16. For executing writ or
warrant against property
3.00 5.00
17. For executing writ of
possession or delivery
3.00
5.00
18. Man in possession, where
necessary, per day
3.00 5.00
19. Personal arrest,
including arrest on order of
committal or attachment, and where
necessary
conveying the person arrest to
prison from
place of arrest
3.00 5.00
20. 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
Seven per centum
21. Where a duty under this
Part is performed or a
document is served at a greater
distance than two
kilometres from the Court, there
shall be paid, in
addition to any Other fee, for
each kilometre
0.10 0.20
PART 4—MISCELLANEOUS
22. On service of document
by bailiff
2.00
4.00
23. For preparing and
swearing affidavit of service
by order of the Court
1.00 1.00
24. On swearing affidavit or
making declaration,
for each deponent (except under
section 15
of the Auction Sales Ordinance, or
if otherwise
specifically charged)
1.00 1.00
25. On marking exhibit or
document annexed to an
affidavit or declaration
0.50 1.00
26. On marking exhibit or
document put in evidence 0.50
1.00
27. On filing a document (if
not otherwise specifically
charged)
1.00 2.00
28. On attesting signature
of a document or execution
of a deed, per copy (irrespective
of the
number of parties)
1.00 2.00
29. On affixing the seal of
the Court to a document
not in a proceeding
3.00 5.00
District Court Circuit and High
Court
¢ ¢
30. For making a copy of a
document or proceedings
by direction of the Court,
including making up
a
record of appeal, per
page
0.25 0.50
31. On certifying a copy of
a document as an office
copy, per page (if not otherwise
specifically
charged)
0.25 0.50
32. On every order drawn up,
and every office copy
of an order (if not otherwise
specifically charged)
1.00 2.00
33. On a formal decree
3.00 5.00
34. On certificate of
Registrar
3.00 5.00
35. On granting certificate
of purchase of land sold
under an order of sale
5.00 10.00
36. On payment of money into
Court in satisfaction
of claim, or the amount paid
in
2.00 4.00
37. On order to show
cause
2.00 4.00
38. On issuing writ of
habeas corpus —
4.00
39. On subpoena
1.00 2.00
40. On warrant for prisoner
to give evidence
2.00 4.00
41. On warrant for
witness
2.00 4.00
42. On warrant of arrest
2.00 4.00
43. On warrant or order of
attachment against
property 5.00
10.00
44. On writ of foreign
attachment —
20.00
45. On order of reference to
referee, etc —
10.00
46. On hearing of reference
before official referee or
deputy official referee, per
day
20.00
47. On commission to take
evidence
5.00
10.00
48. On every bond
3.00 5.00
49. On justification on each
surety
1.00
2.00
50. For taking inventory of
property by order of
the Court, per day
3.00 5.00
District
Circuit and
Court
High Court
¢ ¢
51. For interpreting any
language except one in
common use in the district, per
day
2.00
4.00
52. For taking and putting
in writing the statement
of any person by direction of the
Court
2.00 4.00
53. For officer of Court
accompanying Judge or
referee to view land (besides
travelling expenses),
from each party
2.00 4.00
54. For drawing bill of
costs when directed by the
Court
2.00 4.00
55. For taxing costs
2.00 4.00
56. For searching the
archives for each period of
six months or part thereof
2.00 4.00
57. On deposit of will for
safe custody under
section 11 of the Wills Act, 1971
(Act 360)
10.00
58. On commission under
regulation 56(1) of the
Judicial Service Regulations, 1963
(L.I.
319)
20.00
59. On registering a foreign
judgement —
10.00
SECOND SCHEDULE
COURT OF APPEAL FEES
¢
1. On filing notice of
appeal against a final judgement
or decision 25.00
2. On respondent's notice
of intention to contend that
decision
of court below be varied
25.00
3. On filing notice of
appeal against an interlocutory
order
or
decision
25.00
4. On filing motion for
special leave to appeal
15.00
5. On filing notice of
appeal where special leave
granted 15.00
6. On bond to secure costs
of appeal
15.00
7. On settling record of
appeal
15.00
8. On filing motion for
extension of time:
(a) where time has not yet
expired
25.00
(b) where time has already
expired
50.00
9. On filing motion for
stay of execution (if application
is
made by separate motion)
20.00
10. On filing any motion not
otherwise provided for
15.00
11. On filing amended or
additional grounds of appeal:
(a) if filed at least two weeks
before the date fixed for
hearing 15.00
(b) if filed less than two weeks
but at least two clear days before
such
date
25.00
(c) If filed later, but before the
hearing of the appeal
40.00
12. On amending or adding to
grounds of appeal by leave
or direction of the Court at the
hearing
50.00
13. On Registrar's
certificate and conditions of
appeal have
been fulfilled
10.00
14. On filing motion to
restore appeal dismissed under
rule 19 of L.I. 218
70.00
15. On filing motion to
restore appeal struck out or
dismissed
under rule 23 of L.I. 218
40.00
16. On filing motion to set
aside and re-hear appeal
determined ex parte
70.00
17. On filing motion to set
aside taxing officer's decision or
order 15.00
18. On every certificate of
the order of the Court of Appeal
15.00
19. On filing any document
or exhibit
3.00
20. On inspection of any
document or judgement
3.00
21. On office copies of any
document, per page
1.00
22. On lodging bill of costs
for taxation:
(a) for the first
twenty
pages
10.00
(b) for every ten pages or part
thereof after the first
twenty 5.00
23. Fees for service of any
document and in connection
therewith and payment for mileage
involved by such
service shall be charged and paid
under the rules and
scale regulating service in the
Court from which the
appeal is brought.
24. The cost of the record
of appeal shall be calculated as
follows:
Full cost as above to any party
and one quarter cost for each
copy for the use of the Court of
Appeal.
THIRD SCHEDULE
WITNESS ALLOWANCES
District Other
Court Courts
¢ ¢
Paramount chiefs
10.00 12.00
Other chiefs
8.00 10.00
Persons whose income is ¢4,000 a
year or more 8.00
10.00
Any other person aged 20 years or
more 4.00
5.00
Any person aged less than 20
years
2.00
3.00
Mr. Justice F.K. Apaloo, Chief
Justice Chairman
Mr. Justice G.S. Lassey
.......................................................................................
Member
Dr. G. Koranteng-Addow,
Attorney-General
......................................................
Member
Mr. Justice J.S.A. Anterkyi
.................................................................................
Member
Nene Azu Mate Kole
...........................................................................................
Member
C.B.K. Zwennes
...................................................................................................
Member
E.D. Kom
.............................................................................................................
Member
E.K. Gbeho
...........................................................................................................
Member
J.A. Wutoh
...........................................................................................................
Secretary
Date of Gazette Notification: 29th
December, 1978.
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