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ACTS OF GHANA

FOURTH REPUBLIC

HIGH COURT (CIVIL PROCEDURE) (AMENDMENT) RULES, 2014 (CI87)

IN EXERCISE of the powers conferred on the Rules of Court Committee by article 33(4) and article 157(2) of the Constitution, these Rules are made this 4 day of March 2014.

Rule 7 A of Order 32 inserted

1. The High Court (Civil Procedure) Rules, 2004 (C. I. 47) 'referred to in these Rules as the principal enactment is amended in order 32 by the insertion after rule 70f a new rule 7A.

" Case management

7 A. (1) When on an application for directions the Court has dealt with all of the matters, the Court shall

(a) give directions for the management of the case and set
a time table for the taking and giving of directions and
the trial ; or

(b) fix a case management, conference and give direction
relating to the management of the case as the Court
thinks fit.

(2) The parties shall lodge With the Registrar a pre-trial check list four clear days before the date fixed for the case management conference or pre-trial review or both or any other date as the Judge ma order.

(3) Where a party has failed to comply with any of the directions given at a case management conference or a pretrial review or both, the Judge may make any of the following orders:

(a) strike out the action, if the non-complying party is a
plaintiff;

(b) strike out the defence a d counterclaim as the case may
be, if the non complying party is a defendant;

(d) make any other appropriate order."

Rule 2 of Order 34 amended

2. The principal enactment is amended in order 34 by the substitution for sub rule (2) of rule 2 of

"(2) As soon as practicable after

(a) the parties have filed the. pre-trial check list,

(b) the Court has held a case management conference, or

the Registrar shall, unless a date for the trial has already been fixed by the Judge issue the. parties a notice specifying the date on which the action shall be tried and the notice shall be served at least one month before the date of the trial."

Rule 1 of Order 38 amended

3. The principal enactment is amended in order 38 by the substitution for rule 1 of I

"General rule

1. Subject to the Constitution, the Evidence Act, 1975 (NRCD 323), these Rules and any other enactment to the contrary, a fact to be proved at the trial of an action by the evidence of the !witnesses shall be proved by a trial of their oral evidence given in court.'

Rule 3A to 3G of Order 38 inserted

4. The principal enactment is amended in order 38 y the insertion of the following rules after rule 3.

"Evidence by video link or other 'means

3A. The Court may allow a witness to give evidence through a video link or by any other means.

Requirement to serve witness statements for use at trial

38. (1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally
at the trial.

(2) The Court shall at the application for directions order a party to file and serve on the other parties any witness statement of the oral evidence
which the party serving the statement intends to rely on in relation to any issues of fact to be decided on at the trial. '

(3) The Court may give directions at the application for directions as to the order in which a witness statement is to be served.

Statement of truth

3C. A witness statement shall be verified by a statement of truth:

Consequence of failure to serve witness statement

3D. Where a witness statement for use at the trial is not served in respect of an intended witness within the time specified by the Court, the witness shall not be called to give oral evidence unless the Court grants leave.

Use at trial of witness statements which have been served

3E. (1) If a party has served a witness statement and that party wishes to rely at the trial on the evidence of the witness who made the
statement, that party shall call the witness to give oral evidence unless the Court orders otherwise or that party puts the statement in as hearsay
evidence.

(2) Where a witness is called to give oral evidence under subrule (1), the witness statement of that witness shall stand as the evidence in chief of that witness unless the Court otherwise orders.

(3) A witness giving oral evidence at tria may with the permission of
the Court give evidence in relation to any ne matter which has arisen since
the witness statement was served on the other parties.

(4) The Court will grant leave under subrule (3) only if it considers that there is good reason not to confine the evidence of the witness of the witness statement of that witness .

. . '

(5) If a party who has served a witness statement does not call the witness to give evidence at the trial or put the witness statement in as hearsay evidence, any other party may put the witness statement in as hearsay evidence.

Cross-examination on a witness statement

3F. A witness called to give evidence at the trial, may be cross examined on the statement of that witness whether or not' the statement or any part of it was referred to during the evidence in chief of that witness.

Use of witness statement for other purposes

3G. (1) Except as provided by this rule, a witness statement may be used only for the purposes of the proceedings in which the witness statement is served.

(2) Subrule (1) does not apply if and to the extent that,

(a) the witness gives consent in writing for some other use of
the witness statement;

(b) the Court grants leave for some other use; or

Rule 2A of Order 41 inserted

5. The principal enactment is amended in order 41 ~y the insertion of a new rule 2A.

"Delivery of judgment by video link or ot her means

2A. The Court may deliver a judgment through a video link or by any other means."

The Hon. Mrs. Georgina Wood
Chief Justice

The Hon. Mrs. Marietta Brew Opong-Appiah
Attorney-General and Minister for Justice

The Hon. Mr. Julius Amsah

Justice of Supreme Court

The Hon. Mrs. Henrietta Abban
Justice of the Court of Appeal

•••••Ms. Joyce N. N. Oku

Ag. Editor, Council for Law Reporting

The Hon. Mr. Justice E. K. Mensah
Justice of the High Court

Brig Gen. Edward 'Fiawoo
Armed Forces

Burma Camp, Acc a

••••••••••••••••••••••••••••••••••••••• 11 •••••••••••• ••••••

Vincent Kizito Bey 0, Esqr.,
Lawyer, Beyuo & Co
Accra

C.I. 86

CIVIL PROCEEDlNGS (FEES AND ALLOWANCES) (AMENDMENT) RULES 2014

IN exercise of the powers conferred on the Rules of Court Committee by article 157 of the 1992 Constitution, these Rules are made this 4^TH day of DECEMBER, 2014.

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

PART I - WRIT, MOTIONS AND OTHERS

		GH¢
1.	Writ of Summons at the District Court where the claim
	(a) is up to GH¢500.00	10.00
	(b) exceeds GH¢500.00 but up to GH¢2,500.00	30.00
2	(c) exceeds GH¢2,500.00 but up to GH¢5,000.00 (d) exceeds GH¢5,000.00 but up to GH¢20,000 Statement of claim	50.00 100.00 10.00
3.	Affidavit of defence to civil claim in the District Court	10.00
4.	Counter claim	the same rate as for Writ of Summons
5.	(1) Each Judicial Relief at the District Court excluding the payment of money such as mesne profit, trespass declaration, among others. (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 Counter claims	10.00
6.	Filing Notice of Appeal from the District Court to the High Court	20.00
7.	Filing of additional ground (s) of appeal from the District Court	10.00
8.	Filing a search at the District Court	10.00
9	Motion	20.00
10.	Affidavit	10.00
PART II- PROBATE AND ADMINISTRATION
1.	Application for Probate or Letters of Administration for small estates before the Registrar	10.00
2.	Application for Probate or Letters of Administration	30.00
3.	Oaths of each Executor or Administrator	10.00
4.	Administration of Bond	10.00
5.	Grant of Probate or Letters of Administration (a) in small estates (b) in estates exceeding GH¢l,000.00 but below GH¢5,000.00 (c) from GH¢ 5,000.00 00 but below GH¢510000.00 (d) from GH¢ 10,000.00 but below GH¢510000.00	30.00 70.00 100.00 150,00
6.	Preparing and posting each notice regarding Probate or Letters of Administration	10.00
7.	Preparing and swearing of Affidavit and posting of the notice regarding Probate and Letters of Administration	10.00
PART III - DIVORCE AND MATRIMONIAL CAUSES
1.	Petition	30.00
2.	Answer	20.00
3.	Reply to answer	20.00
4.	Application for ancillary relief	20.00
5.	Application for Certificate for Divorce	20.00
6.	Setting down cause for trial	20.00
7.	Service of Notice of Trial	20.00
PART IV - ADOPTION, CUSTODY AND PATERNITY
1.	Application for adoption,	100.00
2. Application for custody and paternity of children 30.00 PART V - EXECUTION
1.	Issuing Writ of (a) Execution against property (b) Possession	50.00 50.00
2.	Issuing Writ of Possession or Delivery	50.00
3.	Safe custody of property attached, per day	50.00
4.	Personal arrest, including arrest on Order of Committal or Attachment and where necessary conveying the person arrested to prison from place of arrest	50.00
5.	Sale under Execution or Distress Warrant, including the receipt of the purchase money and delivery of the property based on the amount of the purchase money	3% of the value of the property
6.	Service of document regarding execution by Bailiff	20.00
7.	Preparing and swearing Affidavit of Service by order of the Court	20.00
PART VI - MISCELLANEOUS
1.	Applications other than those specifically provided for		20.00
2.	Writ of Subpoena		20.00
3.	Swearing Affidavit or making Statutory Declaration except under section 18 of the Auction Sales Act, 1989 (PNDCL 230) or if not otherwise specifically charged for each deponent		20.00
4.	Marking every Exhibit or Document put in evidence		5.00
5.	Filing document if not otherwise specifically charged		10.00
6.	Attesting signature of a document or execution on Deed		50.00
7.	Affixing the Court Seal to a document not in a proceeding		50.00
8.	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		10.00 5.00
9.	Each Order drawn up, together with 2 office copies and every office copy of an Order if not otherwise specifically charged		20.00
10.	Making a copy of a document of proceedings (a) for the first twenty 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		10.00 5.00 5.00
11.	Every Formal Decree or Entry of Judgement		10.00
12.	Granting Certificate of Purchase of land or any immovable property sold under a Decree		200.00
13.	Deposit of a Will for safe custody		50.00
14.	Payment of money into Court or the amount claimed		5% of the amount paid
15.	Withdrawal of money paid into Court by a Receiver and Manager		20.00
16.	Warrant for prisoner to give evidence		10.00
17.	Warrant of Arrest		10.00
18.	Warrant for Witness		10.00
19.	Warrant or Order of Attachment against a property		20.00
20.	Order of Reference to Referee		20.00
21.	Hearing of a reference before an Official referee, or Deputy Official Referee, per day		20.00
22.	On Commission to take evidence		50.00
23.	Every Bond not specifically charged		50.00
24.	Justification of each Surety		10.00
25.	Filing Notice of Change of Solicitor		20.00
26.	Taking inventory of property by direction of the Court for each day or part of a day		20.00
27.	Taking and putting into writing the statement of any person by direction of the Court		20.00
28.	Searching the archives for each period of six months or part of six months		20.00
29.	Searching the archives after six months		50.00
30.	For an officer of Court accompanying a Judge or Referee to view Land (beside traveling expenses) from each party		20.00
31	For drawing bill of costs when directed by the Court for every sheet		10.00
32.	For taxing cost		30.00
33.	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 (a) first be paid (b) in addition to any other fee for each kilometer		30.00 20.00
34.	Service of process by private process server		20.00
CIRCUIT COURT AND HIGH COURT FEES PART I - WRIT, MOTIONS AND OTHERS
			GH¢
1.	(1) Writ of Summons at the Circuit Court and High Court where the claim
	(a) exceeds GH¢5,000.00 but does not exceed GH¢7,000.00		50.00
	(b) exceeds GH¢7,000.00 but does not exceed GH¢ 9,000.00		100.00
	(c) exceeds GH¢ 9,000.00 but does not exceed GH¢10,000.00		200.00
	(d) exceeds GH¢10,000.00 but does not exceed GH¢50,000.00		300.00
	(e) exceeds GH¢50,000.00 but does not exceed GH¢I00,000.00		500.00
	(f) exceeds GH¢100,000.00 but does not exceed GH¢500,000.00		1,000.00
	(g) exceeds GH¢500,000.00 but does not exceed GH¢ 1,000,000.00		1,500.00
	(h) exceeds GH¢1,000,000.00 but does not exceed GH¢2,500, 000.00		2,500.00
	(i) exceeds GH¢2,500,000.00 but does not exceed GH¢5,000, 000.00		3,500.00
	(j) exceeds GH¢5,000.000.00 but does not exceed GH¢ 10,000,000.00		5,000.00
	(k) exceeds GH¢10,000,000.00 but does not exceed GH¢20,000,000.00		6,500.00
	(l) exceeds GH¢20,000,000.00 but does not exceed GH¢50,000,000.00		10,000.00
	(m) exceeds GH¢50,000,000.00 but does not exceed GH¢l00,000,000.00		12,000.00
	(n) exceeds GH¢ l00,000,000.00		20,000.00
	(2) A mandatory administrative fee 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 other than the Commercial Court		50.00
2.	Appearance to writ in the Circuit Court and the High Court		50.00
3.	Statement of Defence to civil claim in the Circuit Court and the High Court		50.00
4.	Counter claim		the same rate as for Writ of Summons
5.	(1) Each Judicial Relief at the Circuit Court and the High Court excluding the payment of money such as mesne profit, trespass, declaration, among others. (2) Fees will also be charged at Entry of Judgment in accordance with rates applicable to Writs of Summons		30.00
6.	Application for Directions and additional directions at the Circuit and High Court		50.00
7.	Petition to challenge validity of Elections of Parliamentary Candidate to the High Court		2,000.00
8.	Filing an Answer in a Parliamentary Election Petition		2,000.00
9.	Filing a search at the Circuit Court and the High Court		20.00
10.	Application for Judicial Review at the High Court		200.00
11.	Motion with affidavit		50.00
12.	Affidavit		50.00
PART II - PROBATE AND ADMINISTRATION
1.	Application for Probate or Letters of Administration		50.00
2.	Oath of each Executor or Administratrix		10.00
3.	Administration of Bond		10.00
4.	Grant of Probate or Letters of Administration		3% of the value of the estate
5.	Preparing and posting of each notice of Letters of Administration		20.00
6.	Preparing and swearing of Affidavit and posting of Notice of Letters of Administration		20.00
PART III - DIVORCE AND MATRIMONIAL CAUSES
1.	Petition		50.00
2.	Answer		50.00
3.	Reply to answer		50.00
4.	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		50.00 50.00
5.	Certificate of Registrar		50.00
6.	Application for Certificate for Divorce		50.00
7.	Setting down cause for trial		50.00
8.	Application for medical examination		50.00
9.	Service of Notice of Trial		50.00
PART IV - ADOPTION, CUSTODY AND PATERNITY
1.	Application or Summons for adoption (custody and paternity) of children		200.00
2.	Application or Summons for custody and paternity of children		100.00
PART V - EXECUTION
1.	Issuing Writ of (a) Execution against property (b) Possession		100.00 100.00
2.	Issuing Writ of Possession or Delivery		100.00
3.	Safe custody of property attached, per day		20.00
4.	Personal arrest, including arrest on Order of Committal or attachment and where necessary conveying the person arrested to prison from place of arrest		100.00
5.	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		3% of the value of the property
6.	Service of document regarding execution by Bailiff		50.00
7.	Preparing and swearing Affidavit of Service by order of the Court		50.00
8.	Writ of Subpoena		50.00
9.	Swearing Affidavit or making Statutory Declaration except under section 18 of the Auction Sales Act, 1989 (PNDCL 230) or if not otherwise specifically charged for each deponent		50.00
10.	Marking every exhibit or document put in evidence		10.00
11.	Filing document if not otherwise specifically charged		10.00
12.	Attesting signature of a document or execution on Deed		50.00
13.	Affixing the Court Seal to a document not in a proceeding		50.00
14.	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		10.00 5.00
15.	Each Order drawn up, together with 2 office copies and every office copy of an Order if not otherwise specifically charged		50.00
16.	Making a copy of a document of proceedings (a) for the first twenty 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		20.00 10.00 10.00
17.	Every Formal Decree or Entry of Judgement		20.00
18.	Granting Certificate of Purchase of land or any immovable property sold under a decree		500.00
19.	Deposit of a Will for safe custody		50.00
20.	Payment of money into Court or the amount claimed		5% of the amount paid
21.	Withdrawal of money paid into Court by a Receiver and Manager		50.00
22.	Issuing writ of Habeas Corpus		10.00
23.	Warrant for prisoner to give evidence		10.00
24.	Warrant of Arrest		10.00
25.	Warrant for Witness		10.00
26.	Warrant or Order of Attachment against a property		50.00
27.	Order of Reference to Referee		100.00
28.	Hearing of a reference before an Official Referee, or Deputy Official referee, per day		100.00
29.	On Commission to take evidence		100.00
30.	Every Bond not specifically charged		200.00
31.	Justification of each surety		20.00
32.	Filing Notice of Change of Solicitor		30.00
33.	Writ of foreign attachment		500.00
34.	Taking inventory of property by direction of the Court for each day		50.00
34.	Taking and putting into writing the statement of any person by direction of the Court		50.00
35.	Searching the archives for each period of six months or part of six months		50.00
36.	Searching the archives after six months		100.00
37.	For an officer of Court accompanying a Judge or Referee to view Land (beside traveling expenses) from each Party		30.00
38.	For drawing bill of costs when directed by the Court for every sheet		20.00
39.	For taxing cost		100.00
40.	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 (a) first be paid (b) in addition to any other fee for each kilometer		30.00 20.00
SECOND SCHEDULE (Rule 3) HIGH COURT (COMMERCIAL DIVISION) FEES
			GH¢
1.	Writ of Summons or Counter claims at the Commercial Division of the High Court where the claim
	(a) does not exceed GH¢20,000.00		300.00
	(b) exceeds GH¢10,000.00 but does not exceed GH¢50,000.00		500.00
	(c) exceeds GH¢50,000.00 but does not exceed GH¢100,000.00		1,000.00
	(d) exceeds GH¢100,000.00 but does not exceed GH¢500,000.00		2,000.00
	(e) exceeds GH¢500,000.00 but does not exceed GH¢1,000,000.00		3,000.00
	(f) exceeds GH¢1,000,000.00 but does not exceed GH¢2,500,000.00		5,000.00
	(g) exceeds GH¢2,500,000.00 but does not exceed GH¢5,000,000.00		7,000.00
	(h) exceeds GH¢5,000,000.00 but does not exceed GH¢100,000,000.00		10,000.00
	(i) exceeds GH¢ 100,000,000.00 but does not exceed GH¢200,000,000.00		15,000.00
	(j) exceeds GH¢200,000,000.00 but does not exceed GH¢500,000,000.00		20,000.00
	(k) exceeds GH¢500,000,000.00 but does not exceed GH¢l,000,000,000.00		30,000.00
	(I) exceeds one billion cedis (Gh¢1,000.000.000.00)		50,000.00
2. 3	Statement of claim An administrative fee shall be charged on all Claims and Counter claims		30.00 200.00
THIRD SCHEDULE (Rule 4) COURT OF APPEAL FEES
1.	Filing Notice of Appeal against a final judgement or decision		100.00
2.	Respondent's Notice of Intention to contend that decision of Court below be varied		100.00
3.	Filing Notice of Appeal against Interlocutory Order or decision		70.00
4.	Motion for Special Leave to Appeal		100.00
5.	Filing Notice of Appeal where special leave is granted		200.00
6.	Bond to secure cost of appeal		50.00
7.	Settling record of appeal		50.00
8.	Filing Motion for extension of time (a) where time has not yet expired (b)where time has already expired		50.00 100.00
9.	Filing any Motion accompanied by an affidavit not otherwise provided for		100.00
10.	Filing amended or additional grounds of appeal		100.00
11.	Amending or adding to grounds of appeal by leave or direction		100.00
12.	Filing Motion to restore appeal dismissed under rule 18 (3) of the Court of Appeal Rules, 1997 (C.l. l9) or appeal struck out under rule 20(2) of C.I. 19		300.00
13.	Filing Motion to set aside and re-hear appeal determined ex parte		300.00
14.	Filing Motion to set aside taxing officer's decision or Order		100.00
15.	Every certificate of the Order of the Court made on the final determination of appeals		100.00
16.	Filing every document or exhibit		10.00
17.	Office copies of any document (a) for the first twenty sheets (b) each 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 folios		10.00
20.	Filing a search at the Court of Appeal		50.00
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		300.00
2.	Motion to invoke the Supervisory Jurisdiction, Affidavit and Statement of Case generally		300.00
3.	Motion for Review, Affidavit and Statement of Case		500.00
4.	Petition to challenge election of President		5,000.00
.5	Filing of Statement of Case		300.00
6.	Application for Leave or for Amendment or for Extension of time		200.00
7.	Application generally		100.00
8.	Filing of Document (s) as exhibits attached to an Affidavit or Statement of Case		20.00
9.	Service of Document		50.00
10.	Motion to Relist an appeal		200.00
11.	Affidavit		50.00
12.	A search at the Supreme Court		50.00
FIFTH SCHEDULE (Rule 6) WITNESS ALLOWANCE
1.	District Court (per day)		10.00
2.	Circuit Court (per day)		20.00
3.	High Court (per day)		30.00

The Hon. Mrs. Georgina Wood

Chief Justice

………………………………………………….

The Hon. Mrs. Marietta Brew Appiah-Opong

Attorney-General and Minister for Justice

...………………………………………………

The Hon. Mr. Julius Ansah

Justice of Supreme Court

…………………………………………

The Hon. Mr. S. K. 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

Brig Gen. Edward Fiawoo

Armed Forces

Burma Camp, Accra

……………………………………………………

Vincent Kizito Beyuo, Esqr.,

Lawyer, Beyuo & Co

Accra

…………………………………………………….

Ms. Mellisa Amarteifio

Sena Chambers

Total House, Accra