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             ACTS OF GHANA

                  FOURTH  REPUBLIC

CIVIL PROCEEDINGS (FEES AND ALLOWANCES) RULES, 2007

Entry into force: 17th July, 2007.

                                   SS

C.I. 55

IN exercise of the powers conferred on the Rules of Court Committee by Article 154 of the 1992 Constitution these Rules are made this 28th day of February, 2006.

Application

1. These Rules apply to civil proceedings in

 (a) the District,

(b) the Circuit and High Courts,

(c) the Commercial Court (of the High Court), (d) the Court of Appeal and

(e) the Supreme Court.

District, Circuit and High Court Fees

2. (1) Subject to rules 9 and 10, the fees specified in the second column shall be paid far the matters and in the courts listed in the first column of the First Schedule.

(2) On filing a writ for a claim of rent arrears and mesne profit, the filing fee for the writ shall subject to subrules (3) and (4) be assessed as judicial relief under paragraphs 7 and 8 of the First Schedule if the value of the rent arrears and mesne profit has not been fully determined.

(3) After judgment and on the determination of the full value of the rent arrears and the mesne profit, the full value of the rent arrears and mesne profit shall be added to the value of the relief at the time of filing and the total value shall be assessed at the appropriate District or High Court rate under paragraph 1 or 2 of tJ1e First Schedule as applicable.

(4) The fee for Judicial Relief paid under subrule (2) shall be regarded as a deposit and the difference between that fee and the assessed appropriate District or High Com1 rate under subrule (3) shall be collected as additional fees.

(5) Subrules (2), (3), and (4) are with the necessary modification applicable to claims where interlocutory judgment is first entered and the damages are assessed later as in cases of trespass, conversion and defamation among others.

(6) Interest ordered to  paid by the Court v.· payable under contract shall be added to the main debt and the total value shall be assessed at the appropriate District or High Court rate under paragraph 1 or 2 of the First Schedule as appli­cable.

(7) The difference between the fee paid for the main debt and the assess ­r under subrule (6) shall be collected as additional fees.

(8) Additional fees required to be paid under subrules (4), (5) and (7) shall be stated in the Entry of Judgment and unless the additional fees are paid, the entry of Judgment shall not be filed and execution shall be stayed.

Commercial Court Fees

3. Subject to rules 9 and 10, the fees specified in the second column shall be paid in the Commercial Court for the matters listed in the first column of the Second Schedule.

Court of Appeal Fees

4. (1) Subject to rules 9 and 10, the fees specified in the second column shall be paid in the Court of Appeal for the matters listed in the first column of the Third Schedule.

(2) The 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.

Supreme Court Fees

5. Subject to rules 9 and 10, the fees specified in the second column shall be paid in the Supreme Court for the matters listed in the first column of the fourth Schedule.

Witness Allowance

6. (1) A party on whose behalf a witness is called shall pay to that witness for each day of attendance

(a) in the Court Listed in the first column the fees specified in the second column of the Fifth Schedule, and

(b) the traveling expenses reasonably and actually paid by that witness.

    (2) The party who pays the witness allowance and traveling expenses may, if the Court so orders, recover the witness allowance and traveling expenses as costs under this rule.

     (3) This rule does not apply if the Court makes an order under section 65 of the Courts Act, 1993 (Act 459).

(4) This rule does not apply to a public officer called as a witness by the State.

Witness summoned on subpoena

7. (1) A party who applies for a subpoena may be required, before the sub­poena is issued and within a period to be fixed, to pay into Court a sum of money that appears to the Registrar of the Court to be sufficient to defray the travelling and other expenses in regard to attendance at the Court by the person subpoenaed.

(2) The scale of allowance set out in the Fifth Schedule shall be used to determine the amount payable to a person summoned to give evidence as an expert but reasonable remuneration shall also be made both for the time used in giving evidence and in doing work of expert nature necessary for the case.

 (3) The sum paid into Court shall be tendered to the person subpoenaed at the time of service of the subpoena if the subpoena can be served personally; or if. the Court so directs, the person subpoenaed may be notified that the sum paid into Court will be paid out to that subpoenaed person on attendance at the Court.

(4) Where the Court is of the opinion that the sum paid into Court is not sufficient to cover the expenses and attendance at Court of the person subpoenaed, the Court may

(a) direct

(i) that a further sum be paid to the person subpoenaed as appears necessary, and

(ii) in case of default of payment, that the sum be levied by attachment and sale of the movable property of the party who obtained the subpoena,

(b) discharge the person subpoenaed without requiring that person to give evidence, or

(c) order both the levy and the discharge.

Court expert's allowance

8. (1) Where the Court on the application of a party appoints an independent expert in this rule called the "Court expert" to enquire and report on any question of fact or opinion which does not involve a question of law or construction, the Court shall fix

           (a) the fee for making the report and any supplementary report, and (b) the sum to be paid to the Court expert for each day on which the Court expert is required to attend

(i) Court, or

(ii) before an examiner.

(2) The parties are jointly and severally liable to pay the remuneration of the Court Expert but this does not affect the power of the Court to order any of the parties to pay the remuneration as part of the costs of the proceedings.

(3) Where a party opposes the appointment of a Court expert, the Court as a condition for making the appointment may require the party who applies for the appointment to give security for the remuneration of the Court expert as the Court considers appropriate.

Government exemption

9. (I) A Government Department or a party whose costs the Attorney-General has certified to the Registrar of the Court that the Government would defray shall not pay fees under these Rules .

    (2) Where a person is ordered to pay the cost of the State or of a Government Department or of a party for whom the Attorney-General has certified in subrule (1), the fees which would have been paid had it not been for that rule shall be deemed to have been paid for the purpose of assessing the costs and shall be recoverable from that person.

Power to court to grant exemption

10. The Court may dispense with the payment of a fee under these Rules if it considers it appropriate on account of the poverty of a person or for another suffi­cient reason to be stated in the record of proceedings.

Revocation

11. (1) The Civil Proceeding (Fees and Allowances) Rules 1978(L.I.1l90)as amended by the Civil Proceedings (Fees and Allowances) (Amendment) Rules, 2004 (C.l. 45) are hereby revoked.

(2) The Schedule of fees in Order 58 of the High Court (Civil Procedure) Rules, 2004 (C.l. 47) is hereby revoked.

FIRST SCHEDULE (Rule 2)

DISTRICT, CIRCUIT AND HIGH COURT FEES FEES

 FOR WRITS, MOTIONS, AND OTHERS

                                                                                                                           ˘

1. Writ of summons at the District Court where claim is below ˘ 1 million

 

 

10,000

          (a) is below˘1 million

          (b) exceeds ˘ 1 million but below ˘5 million

          (c) exceeds ˘5 million but below ˘25 million ..

          (d) exceeds ˘25 million but below ˘50 million

 

10,000

25,000

75,000

100,000

 

.2. Writ of Summons at the Circuit Court and High Court where the claim

(a) does not exceed ˘ 100 million

(b) exceeds ˘ 1 00 million but does not exceed ˘ 500 million

(c) exceeds ˘500 million but does not exceed ˘ 1 billion

(d) exceeds ˘ 1 billion but does not exceed ˘5 billion

(e) exceeds ˘5 billion but does not exceed ˘ 10 billion

(f) exceeds ˘ 1 0 billion but does not exceed ˘25 billion

(g) exceeds ˘25 billion but does not exceed ˘50 billion

(h) exceeds ˘50 billion but does not exceed ˘ 1 00 billion

 (i) exceeds ˘ 100 billion but does not exceed ˘200 billion

                (j) exceeds ˘200 billion but does not exceed ˘500 billion

            (k) exceeds ˘500 billion but does not exceed one trillion

            (i) exceeds one trillion

3  Appearance to writ in the Circuit and High Court

4   Statement of defence to civil claim in the Circuit and High Court

5      Counterclaim

6.  Judicial Relief at the District Court where an amount cannot be esti­mated), as in cases of mesne profit, trespass, declaration, injunction, etc.

 7.   Judicial Relief at the Circuit and High Court where an amount cannot be estimated, as in cases of mesne profit, trespass, declaration, among others

           (a) for the first relief

           (b) and for each additional relief

8     Application for directions at the Circuit and High Court

9. Filing notice of additional ground(s) of appeal from the District Court to the High Court ..

 

150,000

200,000

500,000

1,000,000

2,000,000

3,000,000

5,000,000

7,500,000

12,000,000

15,000,000

20,000,000

30,000,000

50,000,000

50,000

50,000

The same rate as for writ of summons

25,000

 

 

25,000

      100,000

20,000

50,000

 

25,000

 

10 Petition to challenge validity of Parliamentary Elections

 

1000,000

11 Filing a search at the District Court

 

5,000

 

12  On filing a search at the Circuit and High Court

 

50,000

 

13   Application for Judicial Review at the High court...

 

200,000

 

Probate and Administration

 

 

14.     Application for Probate or Administration for small estate before the Registrar

25,000

15.      Application for Probate or Administration

 

 

100,000

16.     Oath of each Executor or Administrator ..

 

 

20,000

17.      Administration of Bond

 

 

20,000

18.    Grant of Probate or Letters of Administration where the value of property declared does not

(a) exceed ˘50,000,000

(b) exceeds ˘50,000,000 but does not exceed ˘ 1 00,000,000

(c) exceeds ˘ 1 00,000,000 but does not exceed ˘ 1billion

(d) exceeds ˘ 1 billion but does not exceed ˘5 billion

( e) exceeds ˘5 billion but does not exceed ˘ 1 0 billion

(f) exceeds ˘ 1 0 billion

 

 

 

-          --

150,000                        

150,000

500,000

100,000

2000,000

500,000

 

 

19.     Preparing and posting each notice regarding Probate and Letters of Administration

20     . Preparing and swearing of affidavit and posting of the notice regarding probate and Letters of Administration

 

 

25,000

 

25,000

 

Divorce and Matrimonial Causes

 

 

 

21 Petition

22  Answer

23 Reply to answer

24 Application for ancillary relief

25 Certificate of Registrar

26 Application for Certificate for Divorce

27 Application for medical examination

28 Service of Notice of Trial

 

 

100,000

50,000

50,000

50,000

20,000

50,000

1000,000

50,000

Adoption

 

 

29 Application/Summons for Adoption

 

 

250,000

 

Execution

30. Issuing Writ of

(a) Execution against property, and

(b) Possession ..

 

 

 

 

200.000

100,000

31 Executing Writ of Possession or Delivery

 

 

350.000

 

32 Safe custody of property attached, per day

 

20.000

 

33 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

 

34 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% of the Value of the property

 

Miscellaneous

 

 

 

37.              Writ of subpoena

 

 

25,000

 

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

 

 

25,000

 

39.              Marking every exhibit or document put in evidence

 

 

1,000

40.              Filing document if not otherwise specifically charged

 

 

5,000

41        Attesting signature of a document or execution on deed

 

100,000

42                fixing the Court Seal to a document not in a proceeding

 

 

100,000

 

43 Certifying a copy of a document as an office copy, if not otherwise specially charged,

                       (a) for the first twenty sheets

(b) for each sheet after the first twenty sheets

 

-

20,000

1,000

44.              Each Order drawn up , together with 2 office copies and every office copy of an Order if not otherwise specifically charged

 

 

50,000

45. Making a copy of a document of proceedings·

      (a) for the first 20 pages

      (b) for each page after the first twenty pages

      (c) by direction of the Court including making up a Record of Appeal per page

 

 

 

50,000

 

10,000

 

 46   Every Formal Decree ..

 

10,000

 

47   Granting Certificate of Purchase of land or any immovable property sold under a decree

 

 

 

100,000

 

48.              Deposit of a will for safe custody

 

 

25,000

 

49.              Payment of money into Court in satisfaction of claim, or the amount paid in

 

 

50,000

 

50.              Withdrawal of money paid into Court by a Receiver and Manager

 

 

100,000

 

51.              Order to show Cause ..

 

 

25,000

 

52.              Issuing writ of Habeas Corpus ..

 

 

10,000

 

53.              Warrant for prisoner to give evidence

 

 

10,000

 

54.              Warrant of Arrest

 

 

10,000

 

55.              Warrant for Witness ..

 

 

10,000

 

56.              Warrant or order of attachment against a property

 

 

100,000

 

57.              Order of reference to Referees ..

 

 

200,000

 

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

 

 

200,000

 

59.              Commission to take Evidence ..

 

 

200,000

 

60.              Every Bond not specifically charged

 

 

50,000

 

61.              Justification of each surety

 

 

25,000

 

62.              Filing notice of change of Solicitor

 

 

25,000

 

63.              On Writ of foreign attachment ..

 

 

1.500,000

 

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

 

 

1.00,000

 

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

 

 

1.00,000

 

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

 

 

500,000

 

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

 

 

1.0,000

 

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

 

20,000

 

69      For taxing costs

 

 

2.000,000

 

70   Where a duty under paragraph 38 to 76 Part is performed or a documents is served at a distance than twenty-five kilometers fron1 the Court there shall 

                       ( a) first be paid

                        (b) in addition to any other fee, for each kilometer

 

-

-

15,000

2,000

 

 

 

SECOND SCHEDULE

(RULE 3)

COMMERCIAL COURT FEES

1. Writ of Summons at the Commercial Court where the claim

 

 

 

 

 

      ˘

 

(a) does not exceed ˘ 1 00 million

 

500,000

(b) exceeds ˘ 1 00 million but does not exceed ˘500 million

 

1,000,000

(c) exceeds ˘500 million but does not exceed ˘ 1 billion

 

2,000,000

(d) exceeds ˘ 1 billion but does not exceed ˘5 billion

 

3,000,000

(e) exceeds ˘5 billion but does not exceed ˘ 10 billion

 

4,000,000

(f) exceeds ˘ 1 0 billion but does not exceed ˘25 billion

 

7,500,000

(g) exceeds ˘25 billion but does not exceed ˘50 billion

 

10,000,000

(h) exceeds ˘50 billion but does not exceed ˘ 1 00 billion

 

14,000,000

(i) exceeds ˘ 1 00 billion but does not exceed ˘200 billiol1

 

18,000,000

(j) exceeds ˘200 billion but does not exceed ˘500 billion

 

25,000,000

(k) exceeds ˘500 billion but does not exceed one trillion

 

40,000,000

(I) exceeds one trillion

 

100,000,000

THIRD SCHEDULE

(RULE 4)

COURT OF APPEAL FEES

 

 

˘

 

1.                  Filing notice of appeal against a final judgment or decision

 

 

250,000

2.                  Respondent's notice of intention to contend that decision of Court below be varied

 

 

200,000

3.                  Filing notice of appeal against Interlocutory Order or decision

 

 

350,000

4.                  Filing Motion for special leave to appeal

 

 

350,000

5.                  Filing notice of appeal where special leave granted

 

 

150,000

6.                  Bond to secure costs of appeal

 

 

100,000

7.                  Settling record of appeal

 

 

100,000

8. 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.              Filing any motion not otherwise provided for

 

 

250,000

11.              Filing amended or additional grounds of appeal

 

 

100,000

12.              Amending or adding to grounds of appeal by leave or direction of the Court at the hearing

 

 

200,000

13.              Filing Motion to restore appeal dismissed under Rule 18 (3) of the Court of Appeal Rules(C. 1. 19) ..

 

 

650,000

14.              Filing Motion to set aside and re-hear appeal determined ex-parte

 

 

450,000

15.              Filing Motion to set aside taxing officer's decision or Order

 

 

50,000

16.              Every certificate of the Order of the Court mad~ on the final determination of appeals

 

 

150,000

17.              Filing every document or exhibit

 

 

5,000

18. Office copies of any document

(a) for the first twenty sheets,

  (b) every other sheet after the first twenty sheets

 

 

50,000

2,000

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

 

 

 

50,000

20.    For every ten folios or part often folios after the first twenty folios

 

 

5,000

21.   Filing a search at the Court of Appeal

 

 

50,000

FOURTH SCHEDULE

(RULE 5)

SUPREME COURT FEES

 

 

 

 

˘

1.    Writ to invoke Original Jurisdiction

 

 

50,000

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

 

 

 

50,000

3.  Motion for Review, Affidavit and Statement of Case

 

 

50,000

4.  Petition to challenge election of President

 

 

5,000,000

5.   Filing of Statement of Case

 

 

250,000

6.   Application for Leave or for amendment or for Extension of time

 

 

250,000

7.   Applications generally

 

 

350,000

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

 

 

10,000

9.    Service of Documents

 

 

Same as in the High Court

 

10.              Filing of Supplementary or further Affidavit

 

 

250,000

11.              Filing a search at the Supreme Court

 

 

50,000

FIFTH SCHEDULE

(RULE 6)

WITNESS ALLOWANCE

 

 

˘

District Court

 

15,000

Circuit Court

 

35,000

High Court

 

 

      45,000

 

1. His Lordship Mr. Justice G K. Acquah

-

(Sgd.)

(Chief Justice)

 

 

2. Mr. J. Ayikoi Otoo

-

(Sgd.)

(Attorney-General & Minister for Justice)

 

 

3. His Lordship Justice Dr. Seth Twum

-

(Sgd.)

(Justice of the Supreme Court)

 

 

4. His Lordship Mr. Justice S. T. Farkye

-

(Sgd.)

(Justice of Appeal)

 

 

5. Her Lordship Mr. Justice S. K. Abrahams

-

(Sgd.)

(Justice of the High Court)

 

 

6. Brigadier A. B. Donkor

-

(Sgd.)

(Judge Advocate-General of the Ghana Armed Forces)

 

 

7. Mr. D. R. K. Sankah

-

(Sgd.)

(Editor, Council for Law Reporting)

 

 

8. Mr. NutifafaKuenyehia

-

(Sgd.)

(Ghana Bar Association)

 

 

9. Mrs. Grace Osei-Hwere

-

(Sgd.)

(Ghana Bar Association, Member/Secretary)

 

 

Date of Gazette notification: 11th May, 2007.

Entry into force: 17th July, 2007.

 

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