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. |