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             ACTS OF GHANA

                  FOURTH  REPUBLIC

      

                        C.I. 81

CIVIL PROCEEDlNGS (FEES AND ALLOWANCES) (AMENDMENT) RULES 2013

IN exercise of the powers conferred on the Rules of Court Committee by article 157 of the Constitution, these Rules are made this 27th day of February, 2013.

The Civil Proceedings (Fees and allowances) Rules, 2007 (C.I. 55) are hereby amended by the substitution for the Schedule to those Rules of the Schedule to these Rules

                                             SCHEDULE

 

FIRST SCHEDULE
          (Rule 2)

District Court, Fees for Writ, Motions and others


1.
Write of Summons at the District Court where the claim

 

 

     GH¢

 

(a) is below GH¢100

     2.00

 

(b) is from GH¢100  but up to GH¢500.00

     3.00

 

(c) exceeds GH500.00 but up to  GH¢2,500.00

     8.00

 

(d) exceeds GH¢2,500 but up to GH¢5,000.00

   10.00

 

 

 

2

 Affidavit of defence to civil claim in the District Court

     2.00

3

Counter claim

the same rate as for
writ of summons

4

(1) Judicial Relief at the District Court not including the payment of money such as mesne profit, trespass declaration, among others. For each relief:

(2) When judgment is awarded, fees chargeable will be levied at Entry of Judgment in accordance with rates applicable to that levied on amounts on writs of
summons and counterclaims

 

          5.00

5

Filing notice of appeal from the District Court to the
High Court

 

           10.00

6

Filing of additional ground (s) of appeal from the District Court

 

             3.00

7

5.          Filing a search at the District Court

 

2.00

Probate and Administration

 

8

Application for Probate or Administration for small estate before the Registrar

             10.00

9

Application for Probate or Administration

              25.00

10

Oaths of each Executor or Administrator

 

                5.00

11

Administration of Bond

 

                5.00

 

Grant of Probate or Letters of Administration
(a) in small estates

(b) in estates exceeding GH¢l ,000 but below GH¢5,000


(c) from GH¢ 5,000

 

                200

               50.00

 

                 25.00

13

Preparing and posting each notice regarding Probate or Letters of Administration

                 3.00

14

Preparing and swearing of affidavit and posting of the notice regarding Probate and Letters of Administration

 

                  2.00

Divorce and Matrimonial Causes

15

Petition

                 5.00

16

Answer

                 3.00

17

Reply to answer

                 2.00

18

Application for ancillary relief

                 2.00

19

Application for Certificate for Divorce

                 2.00

20

Setting down cause for trial

                  5.00

21

Service of Notice of Trial

                 3.00

Adoption, Custody and Paternity

22

Application for adoption, custody and paternity of children

               25.00

 

Execution

23

Issuing Writ of

 

24

 

(a) Execution against property

(b) Possession

 

               

           20.00


 

 

25

Issuing Writ of Possession or Delivery

             20.00

26

Safe custody of property attached, per day

             20.00

27

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

 

10.00

28

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

 

1.5%

29

Service of document regarding execution by Bailiff

10.00

30

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

 

3.00

 

Miscellaneous

31

Applications other than those specifically provided for

 

8.00

 

32

31.Writ of Subpoena

3.00

33

On swearing Affidavit or making Statutory Declaration except under Section 18 of the Auction Sales Act, 1989 (PNDCL 230) or if not otherwise specially charged for each deponent

 

 

3.00

34

Marking every exhibit or document put in evidence

1.00

35

Filing document if not otherwise specifically charged

1.00

36

Attesting signature of a document or execution on Deed

50.00

37

Affixing the Court Seal to a document not in a proceeding

10.00

38

Certifying a copy of a document as an office copy, if not Otherwise specifically charged

(a) for the first twenty sheets

(b) For each sheet after the first twenty sheets

 

2.00

1.00

39

 

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

 

5.00

40

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

 

5.00

1.00

1.00

41

Every Formal Decree

1.00

42

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

10.00

43

Deposit of a will for safe custody

20.00

44

Payment of money paid into Court of claim or the amount in

5.00

45

Withdrawal of money paid into Court by a Receiver and Manager

10.00

46

Warrant for prisoner to give evidence

1.00

47

Warrant of Arrest

1.00

48

Warrant for Witness

1.00

49

Warrant or order of attachment against a property

10.00

50

Order of reference to Referee

20.00

51

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

20.00

52

Commission to take Evidence

20.00

53

Every Bond not specifically charged

50.00

54

Justification of each surety

3.00

55

Filing notice of change of Solicitor

3.00

56

For taking inventory of property by direction of the Court for each

10.00

57

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

10.00

58

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

5.00

50

For an officer of Court accompanying a Judge or Referee to view Land (beside travelling expenses) from each party

10.00

60

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

2.00

61

For taxing cost

20.00

62

Where a duty under this part is performed or a document is to be served at a greater distance more than twenty-five kilometers from the Court there shall be paid in addition to any other fee for each kilometer

 

10.00

 

CIRCUIT COURT AND HIGH COURT FEES OF WRIT, MOTIONS AND OTHERS

 

1

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

 

GH¢

i

Exceeds GH¢5,000 but below GH¢ 7,000

    20.00

 

ii

is from GH¢7,OOO but below GH¢ 9,000

30.00

iii

is from GH¢ 9.000 but does not exceed GH¢10,000.00

50.00

iv

exceeds GH¢10,000.00 but below GH¢50, 000.00

150.00

v.

is from GH¢50,000.00 but does not exceeds GH¢I00,000.00

300.00

VI.

exceeds GH¢10,000.00but does not exceeds GH¢500,000.00

600.00

vii

exceeds GH¢500,OOO.00 but does not exceeds GH¢ 1,000,000.00

900.00

viii

exceeds GH¢1,000,000.00but does not exceed GH¢2,500, 000.00

1,500.00

ix

exceeds GH¢2,500000.00 but does not exceed GH¢5, 000, 000.00

2,250.00

x.

exceeds GH¢5, 000.00.00 but does not exceed GH¢ 10,000,000.00

3,600.00

xi

exceeds GH¢10,000,000.00 but does not exceed GH¢20,OOO,OOO.00

 

4,500.00

xii

exceeds GH¢20,000,000.00but does not exceed GH¢50,000,000.00

6,000.00

xiii

exceeds GH¢50,000,000.00but does not exceed GH¢l00,000,000.00

9,000.00

xiv.

exceeds GH¢ l00,000,000.00

15,000.00

 

xv.

A mandatory administrative fee of GH¢l 00 shall be charged on all claims and counter claims if the writ or originating process is fIled at the automated fast track and other specialized courts.

 

10.00

2

Appearance to writ in the Circuit Court and the High Court

10.00

3

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

 

      10.00

4

Counter claim, the same rate as for writ of summons :

 

 

5

(a) Judicial Relie fat the Circuit Court and the High Court not
including the payment of money such as mesne profit, trespass,
declaration, among others. For each relief

(b) Fees will also be charged at Entry of Judgment in accordance
with rates applicable to writs of summons

         

 

            10.00

6

Application for directions and additional directions at the Circuit
and High Court

            10.00

7

Petition to challenge validity of Elections of Parliamentary Candidate to the High Court

500.0'0

8

On filing a search at the Circuit and the High Court

5.00

9

Application for Judicial Review at the High Court

50.00

Probate and Administration

10

Application for Probate or Letters of Administration

25.00

11

Oath of each Executor/Administratrix

5.00

12

Administration of Bond

       5.00

 

13

Grant of Probate or Letters of Administration where
(a) the value is up to GH¢5,000

(b) the value is more than GH5,000 but does not exceed GH¢10,000

(c) the value exceeds GH¢100,000 but does not exceed GH¢100,000

(d) the value exceeds GH¢100,000 but does not exceed Gh¢500,000

(e) the value exceeds GH¢c500,000 but does not exceed GH¢l ,000,000

(f) the value is up to GH¢ l ,000,000 and above

 

25.00

 

50.00

 

100.00

 

200.00

 

400.00

 

1,000.00

 

14

Preparing and posting of each notice of Letters of Administration

 

5.00

 

15

14.Preparing and swearing of affidavit and posting of notice Letters of Administration

5.00

Divorce and Matrimonial Causes

16

Petition

        25.00

 

17

Answer

15.00

 

18

Reply to answer

10.00

19

Application for ancillary relief will attract fees as in Judicial Relief:

 

(1) Where the claim is unliquidated each relief will be

(2) Where the claim is liquidated the fee will be based on the judgment awarded

 

 

 

      10.00

 

20

Certificate of Registrar

20.00

 

21

Application for Certificate for Divorce

10.00

22

Setting down cause for trial

10.00

 

23

Application for medical examination

10.00

 

24

Service of Notice of Trial

10.00

Adoption, Custody and Paternity

25

Application/Summons for adoption, custody and paternity of children

50.00

 

Execution

26

. Issuing Writ of

(a) Execution against property


(b) Possession

 

40.00



 


40.00

 

27

Issuing Writ of Possession or Delivery

40.00

28

27.     Safe custody of property attached, per day

10.00

29

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

30.00

30

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


2% of the value of the property

31

Service of document regarding execution by Bailiff

 

30.00

32

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

 

10.00

33

Writ of Subpoena

10.00

34

On swearing Affidavit or making Statutory Declaration except under Section 18 of the Auction Sales Act, 1989 (PNDCL 230) or if not otherwise specially charged for each deponent

10.00

35

Marking every exhibit or document put in evidence

3.00

36

Filing document if not otherwise specifically charged

3.00

37

Attesting signature of a document or execution on Deed

50.00

38

Affixing the Court Seal to a document not in a proceeding

30.00

39

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

(a) for the first twenty sheets

(b) for each sheet after the first twenty sheet

 

 

6.00

1.00

40

Each Order drawn up, together with 2 office copies and every office copy of an Order if not otherwise specificall y charged

 

15.00

41

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

 

15.00

3.00

5.00

 

42

Every Formal Decree

3.00

43

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

50.00

 

44

Deposit of a will for safe custody

50.00

 

45

Payment of money paid into Court of claim

15.00

 

46

Withdrawal of money paid into Court by a Receiver and Manager

30.00

 

47

Issuing writ of Habeas Corpus

5.00

 

48

Warrant for prisoner to give evidence

5.00

 

49

Warrant of Arrest

5.00

 

50

Warrant for Witness

5.00

 

51

Warrant or order of attachment against a property

40.00

 

52

Order of reference to Referee

60.00

 

53

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

60.00

 

54

Commission to take Evidence

60.00

 

55

Every Bond not specifically charged

150.00

 

56

Justification of each surety

10.00

 

57

Filing notice of change of Solicitor

5.00

 

58

On Writ of foreign attachment

300.00

 

59

For taking inventory of property by direction of the Court for each

30.00

60

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

30.00

61

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

15.00

 

62

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

5.00

63

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

6.00

 

64

For taxing cost

60.00

65

Where a duty under this part is performed or a document is to be served at a greater distance more than twenty-five kilometers from the Court there shall be paid, in addition to any other fee, for each kilometer

3.00

 


     SECOND SCHEDULE
                (Rule 3)

                      HIGH COURT (COMMERCIAL DIVISION) FEES

 

1

Writ of Summons/Counter claims at the Commercial Division of the High Court where the claim

 

GH¢

 

 

(a) does not exceed GH¢1,000.00

100.00

 

(b) exceeds GH¢10, 000.00 but does not exceed GH50,000.00

 

300.00

 

(c) exceeds GH¢50,000.00 but does not exceed GH¢100,000.00

 

600.00

 

(d) exceeds GH¢100,000.00 but does not exceed GH¢500,000.00

1,200.00

 

(e) exceeds GH¢500,000.00 but does not exceed GH¢1,000.000.00

 

1,800.00

 

(f) exceeds GH¢1,000.000.00 but does not exceed GH¢2,500,000.00


3,000.00

 

(g) exceeds GH¢2,500,000.00 but does not exceed GH¢5,000,000.00


4,500.00

 

(h) exceeds GH¢5,000,000.00 but does not exceed GH¢100,000,000.00


7,200.00

 

 

(i) exceeds GH¢ 100,000,000.00 but does not exceed GH¢200,000,000.00

9,000.00

 

 

(j) exceeds GH¢200,000,000.00 but does not exceed GH¢500,000,000.00

12,000.00

 

(k) exceed GH¢500,000,000.00 but does not exceed            GH¢l ,000,000,00

18,000.00

 

(I) exceeds one thousand million (Gh¢l1,000.000.000.00)


30,000.00

2

An administrative fee ofGH¢100 shall be charged on all claims and counterclaims

 

 

THIRD SCHEDULE
(Rule 4)
COURT OF APPEAL

1

Filing notice of appeal against a final judgment or decision

50.00

2

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

50.00

3

Filing notice of appeal against Interlocutory Order or decision

70.00

4

Motion for special leave to appeal

70.00

5

Filing notice of appeal where special leave granted

 

150.00

6

Bond to secure cost of appeal

50.00

7

Settling record of appeal

20.00

8

Filing Motion for extension of time

(a) where time has not yet expired


(b) where time has already expired

 

 

50.00

70.00

9

Filing any motion not otherwise provided for

60.00

10

Filing amended or additional grounds of appeal

50.00

11

Amending or adding to grounds of appeal by leave or direction

50.00

12

Filing Motion to restore appeal dismissed under Rule 18 (3) of the Court of Appeal Rules (C.l.l9)

200.00

 

13

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

 

200.00

14

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

60.00

15

Every certificate of the Order of the Court made on the final determination of appeals

50.00

16

Filing every document or exhibit

        5.00

 

17

Office copies of any document


(a) for the first twenty sheets

(b) every other sheet after the first twenty sheets

 

 

          10.00

5.00

18

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

 

20.00

19

For every ten folios or part of ten folios after the first twenty folio

 

10.00

20

Filing a search at the Court of Appeal

 

25.00

21

Filing a statement of case

 

100.00

22

Affidavit.

 

50.00

    FOURTH SCHEDULE
              (Rule 5)
SUPREME COURT FEES

1

Writ to invoke Original Jurisdiction

200.00

2

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

250.00

3

Motion for Review, Affidavit and Statement of Case

300.00

4

Petition to challenge election of President

 

1000.00

5

Filing of Statement of Case

 

150.00

6

Application for Leave or for amendment or for Extension of time

 

100.00

7

Application generally

70.00

8

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

 

10.00

9

Service of Document

30.00

10

Motion to Relistan appeal

100.00

11

Affidavit

20.00

12

A search at the Supreme Court

30.00

13

Filing a Statement of Case

 

120.00

FIFTH SCHEDULE
(Rule 6)
WITNESS ALLOWANCE

1

District court (per day)

5.00

2

Circuit Court (per day)

15.00

3

High Court

20.00

 

 

 

       

 

 

 

 

 

 

 

 

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