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C. I. 102
HIGH COURT (CIVIL PROCEDURE)
(AMENDMENT) (No.2) RULES, 2016
IN exercise of the power
conferred on the Rules of Court
Committee by clause (10) of
article 187 of the Constitution,
these Rules are made this 22nd
day of September, 2016.
Amendment of C.r. 47
1. The High Court (Civil
Procedure) Rules, 2004 (C.I. 47)
as amended are further amended
by the insertion after Order 54
of the following new Order:
"Disallowance and Surcharge
Appeals
ORDER 54A
Surcharge appeals to the High
Court
1. (1) Where the Auditor-General
makes a disallowance and
surcharge under clause (7) of
article 187 of the Constitution,
the person aggrieved by the
surcharge may appeal to the High
Court in accordance with the
Rules contained in this Order.
(2) The High Court may, before
proceeding to determine an
appeal, request the appellant to
pay into Court, security that
the Court may determine.
Notice and grounds of appeal
2. (1) The appeal shall be
commenced by the filing with the
Registrar, within fourteen days
of the surcharge by the
Auditor-General, of five copies
of the notice and grounds of
appeal together with five copies
of all of the documents relevant
to the appeal, in the possession
of the person aggrieved.
(2) Where the person aggrieved
is not able to file the notice
and grounds of appeal within the
time prescribed in subru1e (1),
the person may apply for an
extension of time to do so
within fourteen days from the
date of the expiry fixed in
subrule (1).
(3) The Court may, if satisfied
that the delay in filing the
notice and grounds of appeal was
due to the absence of the person
aggrieved from the country,
sickness or any other reasonable
cause and that the delay is not
unreasonable, grant the
extension of time to file the
notice and grounds of appeal.
and grounds of appeal.
(4)
An application for extension of
time shall not be entertained
after the time specified in
subrule (2).
(5) The grounds of appeal shall
set out concisely and under
distinct heads the grounds on
which the person aggrieved
relies without an argument or a
narrative and shall be numbered
consecutively.
(6) A ground of appeal which is
vague or general in terms or
which does not disclose a
reasonable ground of appeal is
not permitted and shall be
struck out by the Court.
(7) For the purposes of the
appeal, the Auditor-General is
the Respondent.
(8) The notice of appeal shall
be titled as follows:
"In the matter of an appeal
against disallowance and sur-
charge by the Auditor-General
x Appellant
Vs.
The Auditor-General Respondent"
Filing by agent
3.
Where the person aggrieved is a
body corporate or where the
Judge permits the appeal to be
made by an agent, a document
required to be filed or signed
by the person aggrieved may be
filed or signed by the agent of
the person aggrieved.
Registration of surcharge
appeals and service on the
Auditor-General
4.
(1) The Registrar shall, upon
the receipt of the notice and
grounds of appeal, endorse the
date of receipt on it and shall
enter the appeal in a register
of disallowance and surcharge
appeals which the Registrar
shall keep for that purpose.
(2) The Registrar shall,
immediately after the
endorsement on the notice and
grounds of appeal, serve a copy
on the Auditor-General.
Action by the Auditor-General
5.
(1) The Auditor-General shall,
within fourteen days after the
receipt of the notice and
grounds of appeal, file with the
Registrar
(a)
five copies of all of the
documents used by the Auditor-
General in the disallowance and
surcharge in respect of which
the appeal has been lodged, and
(b)
the reply to the notice and
grounds of appeal which shall
set out consecutively and under
distinct heads a concise
statement of the facts and
points of law on which the
Auditor- General intends to
rely.
(2) The failure by the
Auditor-General to file
the required documents within
the time prescribed under
subrule (1) constitutes a
contempt of the High Court.
(3) The Registrar shall cause a
copy of the reply of the
Auditor- General and copies of
all of the documents used in
respect of the disallowance and
surcharge to be served on the
person aggrieved not later than
fifteen days from the filing of
the Auditor-General's reply.
Exemption of Auditor-General
from payment of filing fee
6.
The Auditor-General is exempt
from the payment of a filing
fee.
Registrar to give notice of date
of hearing
7.
(1) The Registrar shall, within
seven days after the service of
the Auditor-General's reply on
the person aggrieved, fix a date
for the hearing of the appeal
and serve the notice of hearing
on the parties not later than
twenty-one days from the hearing
of the appeal.
(2) The hearing date shall not
exceed four weeks from the date
of service of the
Auditor-General's reply on the
person aggrieved.
Decision of the Court
8.
The Court in determining an
appeal under this Order may take
evidence or seek expert
assistance and may confirm,
reduce, increase or annul a
disallowance on which the
surcharge is based and may in
all cases take an appropriate
decision.
Application of other rules
9. (1) Except as otherwise
provided in this Order, the
rules on appeals provided in
these Rules shall apply to
disallowance and surcharge
appeals with the modifications
that are necessary.
(2) The record of appeal is the
relevant documents with the
notice and grounds of appeal and
the reply submitted by the
parties to the Registrar and put
together in a folder by the
Registrar and submitted to the
Court.
Interpretation
10. For the purposes of this
Order,
"Auditor-General" includes a
body or person appointed by the
Auditor-General to audit the
respective accounts for the
purposes of clause (2) of
article 187 of the Constitution,
and an auditor appointed by
Parliament under clause (15) of
article 187 of the Constitution,
from whose decision on a matter
relating to disallowance and
surcharge an appeal lies to the
High Court; and
"relevant documents" include all
documents used by both the
person aggrieved which led to
the disallowance and surcharge
and the documents used by the
Auditor-General in the
disallowance and surcharge.".
The Hon. Mrs. Georgina Wood
Chief Justice
The Hon. Mrs. Marietta Brew
Appiah-Opong
Attorney-General and Minister
for Justice
The Hon. Mrs. Sophia o.«.
Adinyira
Justice of the Supreme Court
The Hon. Mr. S. E. Kanyoke
Justice of the Court of
Appeal
Ms. Joyce N. N. Oku
Ag. Editor, Council for Law
Reporting
The Hon. Mrs. Elizabeth Ankumah
Justice of the High Court
Brig Gen. Edward Fiawoo
Armed Forces Burma Camp,
Accra
Vincent Kizito Beyuo, Esqr.
Ghana Bar Association
Ms. Mellisa Amarteifio
Ghana Bar Association
Date of Gazette
notification: 12th October,
2016.
Entry into force: 5th January,
2017.
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