HIGH COURT (CIVIL PROCEDURES)
RULES, 2004 (CI 47) AS AMENDED
BY C I 87
COMPARATIVE TABLE
High Court (Civil Procedure)
Rules 1954 High Court (Civil
Procedure) Rules,
2004
Title
Order Order
Interpretation
1 82
Writ of Summons and Procedure,
etc.
2 2
Indorsement of
Claim
3 2
Indorsement of
Address
4 2
Issue of Writ of
Summons
5 2
Concurrent
Writs
6 2
Disclosure by Solicitors and
Plaintiffs
7 2
Renewal of
Writ
8 2
Service of Writ of Summons and other
Documents 9 7,
6
Substituted
Service
10 7
Service out of the
Jurisdiction
11 8
Appearance
12 9
Default of
Appearance
13 10
Leave to sign judgment and defend when
writ specifically indorsed
14 14
Summary Judgment for Specific
Performance 14A
14
Application for an
Account
15 29
Parties
16 4
Third Party
Procedure
16A 15
Change of Parties by death,
etc.
17 4
Joinder of causes of
action
18 4
Pleading
generally
19 11
Statement of
Claim
20 11
Defence and
Counterclaim
21 11, 12
Payment into and out of
Court
22 18
Reply
23 11
Matters arising pending the
action
24 11, 16
Proceedings in lieu of
Demurrer
25 11, 41
Discontinuance
26 17
Default of
Pleadings
27 13
Amendment
28 16
Releases Admiralty
Actions
29 62
Summons for
Directions
30 32
Discovery and
Inspection
31 21
Admissions
32
23
Issues, Inquiries and
Accounts
33 28, 29
Special
Case
34 I 37
Issue of fact without
pleadings
34 II 37
Arrest of absconding
defendant
35 73
Trial
36 33, 34, 35,
36
Evidence
generally
37 38
Court Expert
37A 26
Affidavits and
Depositions
38 20, 39
Exhibits
38A 36
Review
39 42
Motion for
Judgment
40
—
Entry of
Judgment
41 41
Applications under section 9(1) of the
British Judgments Ordinance
(Cap. 20) 41A
66
Execution
42
44
Writ of Fieri Facias, and
Sequestration
43 44, 45
Attachment
44 45
Attachments of
Debts
45 47
Charging Orders and Stop
Orders
46 49
Writ of
Possession
47 43
Writ of
Delivery
48 43
Actions by and against Firms and
Persons carrying on business in
names other than their own
48A
6
Transfer and
Consolidation
49 3, 31
Interlocutory Orders as to Mandamus
Injunctions or Interim
Preservation of Property
50 25
Sales by the
Court
51
30
Debenture-holders'
Actions
51A 61
Motions and other
Applications
52 19
Action of
Mandamus
53
55
Applications and Proceedings at
Chambers 54
35
Declaration on originating
Summons
54A —
Matrimonial
Causes
55 65
References in Admiralty
Actions
56 62
Interpleader
57 48
Civil Appeals from
Magistrates
58 51
Procedure for Prerogative
Writs
59 55
Probate and
Administration
Revoked by L.I. 1515
66
Production of High Court
Documents
61 77
Delay in
Proceedings
62 37
Sittings, Vacations and Miscellaneous
Provisions 63
79, 82
Time
64 80
Costs
65 74
Notices, Printing, Paper, Copies,
etc.
66 78
Service of Orders,
etc.
67
7, 64
Court Fees
68 —
Imprisonment in Execution of a
Judgment 69
43
Effect of
Non-compliance
70
81
Application of Rules to Lands
Division
71 —
Reference to
Arbitration
72 64
Enforcement of Maintenance
Order
73 72
Saving
Provisions
74 82
Application of
Rules
75 1
ARRANGEMENT OF RULES
ORDER 1—PRELIMINARY MATTERS
Rule
1. Application of Rules
2. Publicity of Proceedings
3. Conduct of Proceedings by a Person
Other than a Party
4. Acting without Authority
ORDER
2—COMMENCEMENT OF PROCEEDINGS
1. Title of Parties
2. Commencement of Proceedings
3. Contents of Writ
4. Indorsement as to Capacity
5. Indorsement as to Plaintiff
6. Writ and Statement of Claim
7. Issue of Writ
8. Concurrent Writs
9. Duration and Renewal of Writ
ORDER 3—VENUE AND TRANSFER
1.Venue of Proceedings
2. Transfer of Proceedings
ORDER 4—PARTIES AND CAUSES OF ACTION
1. Right to take Proceedings
2. Joinder of Causes of Action
3. Joinder of Parties
4. Court may Order Separate Trials
5. Misjoinder and Non-joinder of
Parties
6. Change of Parties by Reason of
Death or Bankruptcy
7. Failure to Proceed After Death
8. Actions for Possession of Land
9. Representation of Stools and
Families
10. Dispute as to Personal
Representative or Customary
Successor
11. Representative Proceedings
12. Representation of Interests of
Persons who Cannot be
Ascertained
13. Representation of Beneficiaries by
Trustees
14. Representation of the Interest of
a Deceased Person in Proceedings
ORDER 5 —PERSONS WITH DISABILITY
1. Definition and Effect of Disability
2. Appointment of Next Friend or
Guardian ad litem
3. Attainment of 18 Years
4. Mental Disorder of a Party after
Proceedings are Begun
5. Default of Appearance by Person
with Disability
6. Application to Discharge or Vary
Certain Orders
7. Admission by Person with Disability
not to be Implied from Pleading
8. Compromise or Settlement by Person
with Disability
9. Service of Documents on Persons
with Disability
ORDER 6—ACTIONS BY AND AGAINST
PARTNERS
1. Actions by and Against Firms within
the Jurisdiction
2. Disclosure of Partners' Names
3. Service of Writ
4. Filing of Appearance
5. Enforcing Judgment or Order Against
a Firm
6. Enforcement in Actions Between
Partners
7. Attachment of Debts Owed by a Firm
8. Person Carrying on Business in
Another Name
9. Application for Order Charging
Partner's Interest
ORDER 7—SERVICE OF PROCESS GENERALLY
1. Person to Serve a Document
2. Personal Service
3. How Personal Service is Effected
4. Documents not Served personally
5. Service on Particular Persons
6. Substituted Service
7. When Personal Service is not
Required
8. Computation of Time for Service
9. Affidavit of Service
10. Bailiff to Compare Copy with
Original
11. Record and Proof of Service by
Bailiff
12. Service of Writ
13. Service of Writ on Agent of
Principal Outside Ghana
14. Service of Writ in Pursuance of a
Contract
15. Service of Writ in Certain Cases
Relating to Land
ORDER 8—SERVICE OUT OF JURISDICTION
1. Notice of a Writ or Other Processes
may be Served out of
Jurisdiction
2. Application to be Supported by
Affidavit
3. Cases where Leave may be Granted
4. Order Granting Leave to Fix time
for Appearance
5. Methods of Service
6. Authorities to Effect Service
7. Documents to be Lodged
8. Sending of Documents
9. Evidence of Service
10. Service of Notices or Proceedings
11. Service by Airmail
ORDER 9—APPEARANCE
1. Who may File Appearance
2. Method of Filing Appearance
3. Contents of Notice
4. Procedure on Receipt of Notice
5. Time Limited for Appearance
6. Late Appearance
7. Conditional Appearance
8. Application to Set Aside Writ
ORDER 10—DEFAULT OF APPEARANCE
1. Claim for Liquidated Demand
2. Claim for Unliquidated Demand
3. Claim for Detinue
4. Claim for Possession of Immovable
Property
5. Mixed Claims
6. Actions not Specifically Provided
for
7. Proof of Service of Writ
8. Setting Aside Judgment
9. Moneylender's Actions
10. Actions on Mortgages
ORDER 11—PLEADINGS
1. Service of Statement of Claim
2. Service of Defence
3. Service of Reply
4. Subsequent Pleadings
5. Service of Pleadings During Long
Vacation
6. Formal Requirements of Pleadings
7. Facts not Evidence to be Pleaded
8. Matters to be Specifically Pleaded
9. New Facts may be Pleaded
10. Departure
11. Points of Law
12. Particulars of Pleadings
13. Admissions and Denials
14. Denial by Joinder of Issue
15. Statement of Claim
16. Defence of Tender
17. Defence of Set-off
18. Striking out Pleadings
19. Close of Pleadings
ORDER 12—COUNTERCLAIMS
1. Counterclaim Against Plaintiff
2. Defence to Counterclaim
3. Application of Rules of Pleading
4. Proceedings on Counterclaim
5. Counterclaim Against Additional
Parties
6. Joinder of Causes of Action
7. Court may Order Separate Trials
8. Failure to Proceed after Death of
Party
ORDER 13—DEFAULT OF DEFENCE
1. Claim for Liquidated Demand
2. Claim for Unliquidated Demand
3. Claim in Detinue
4. Claim for Possession of Immovable
Property
5. Mixed Claims
6. Other Claims
7. Default of Defence to Counterclaim
8. Setting Aside Judgment
ORDER 14—SUMMARY JUDGMENT
1. Application for Summary Judgment
2. Method of Making Application
3. Defendant may Show Cause
4. Affidavits
5. Hearing of Application
6. Directions
7. Delivery up of Chattel
8. Relief Against Forfeiture
9. Setting aside Judgment
10. Summary Judgment on Counterclaim
11. Right to Proceed with Remainder of
Action or Counterclaim
12. Actions and Claims Excluded
ORDER 15—THIRD PARTY PROCEDURE
1. Third Party Procedure
2. Third Party Notice
3. Service of Notice and Filing of
Appearance
4. Third Party Directions
5. Default of Third Party
6. Setting Aside Third Party
Proceedings
7. Judgment Between Defendant and
Third Party
8. Claims and Issues Between a
Defendant and some Other Party
to the Action Other than the
plintiff
9. Claims by Third and Subsequent
Parties
10. Offer of Contribution
11. Third Party Proceedings in
Relation to Defendant's
Counterclaim
ORDER 16—AMENDMENT
1. Amendment of Writ without Leave
2. Amendment of Notice of Appearance
3. Amendment of Pleadings without
Leave
4. Application to Strike out Amendment
made without Leave
5. Amendment of Writ or Pleading with
Leave
6. Amendment During Long Vacation
7. Amendment of Certain other
Documents
8. Failure to Amend After Order
9. Method of Amending
10. Correction of Clerical Errors
11. Method of Applying for Leave
ORDER 17—WITHDRAWAL AND DISCONTINUANCE
1. Withdrawal of Appearance
2. Plaintiff may Discontinue Before
Defence
3. Withdrawal by Consent
4. Stay of Subsequent Action Until
Costs are Paid
ORDER 18—PAYMENT INTO AND OUT OF COURT
1. Payment into Court
2. Payment into Court by Defendant who
has Counterclaimed
3. Acceptance of Money Paid into Court
4. Order for Payment Out of Court
5. Money Remaining in Court
6. Payment into Court Where
Counterclaim made
7. Payment into Court not to be
Disclosed
8. Money Paid into Court Under Order
of Court
9. Person to be Paid
10. Payment out of Small Estates
11. Payment out under Exchange Control
Act, 1961 (Act 71)
ORDER 19—APPLICATIONS
1. Applications to be made by Motion
2. Service of Notice of Motion
3. Ex-parte Motions
4. Affidavit in Support of Motion
5. Bringing a Prisoner to give
Evidence
ORDER 20—AFFIDAVITS
1. Use of Affidavits
2. Persons who may Take Affidavits
3. Title of Affidavit
4. Form of Affidavit
5. Affidavit by Two or more Deponents
6. Affidavit by Illiterate or Blind
person
7. Use of Defective Affidavit
8. Contents of Affidavit
9. Scandalous and Irrelevant Matter in
Affidavit
10. Alterations in Affidavit
11. Affidavit not to be Sworn before
Lawyer of Party
12. Filing of Affidavit
13. Use of Original or Copy of
Affidavit
14. Document Exhibited to Affidavit
15. Affidavit Taken in Other Countries
ORDER 21—DISCOVERY AND INSPECTION OF
DOCUMENTS
1. Mutual Discovery of Documents
2. Discovery by Parties without Order
3. Discovery by Court Order
4. Persons Entitled to List
5. Order for Discovery of Particular
Documents
6. Discovery to be Ordered only if
Necessary
7. Inspection of Documents Referred to
in List
8. Inspection of Documents Referred to
in Pleadings and Affidavits
9. Order for Production for Inspection
10. Order for Production to Court
11. Production to be Ordered Only if
Necessary
12. Production of Business Records
13. Withholding Document or Record in
the Public Interest
14. Failure to make Discovery
15. Revocation and Variation of
Orders
ORDER 22—INTERROGATORIES
1. Discovery by Interrogatories
2. Interrogatories where Party is a
Body of Persons
3. Statement as to Party Required to
Answer
4. Privilege
5. Insufficient Answers
6. Failure to Comply with Order
7. Use of answer to Interrogatories at
Trial
8. Revocation and Variation of Orders
ORDER 23—ADMISSIONS
1. Notice of Admission of Facts
2. Request to Admit Fact or Document
3. Effect of Request to Admit
4. Cost on Refusal to Admit
5. Withdrawal of Admission
6. Order Based on Admission of Fact or
Document
ORDER 24—SECURITY FOR COSTS
1. Security for Costs of Proceedings
2. Default of Plaintiff
ORDER 25—INTERLOCUTORY INJUNCTIONS,
INTERIM PRESERVATION OF PROPERTY
1. Application for Injunction
2. Detention, Preservation of Property
3. Power to Order Samples to be Taken
4. Sale of Perishable Property
5. Order for Early Trial
6. Recovery of Movable Property
Subject to Lien
7. Directions
8. Allowance of Income of Property
Pending Suit
9. Undertaking as to Damages
ORDER 26—COURT EXPERT
1. Appointment of Court Expert
2. Report of Court Expert
3. Experiments and Tests
4. Cross-examination
5. Remuneration of Court Expert
6. Calling of Experts
ORDER 27—RECEIVERS
1. Appointment of Receiver
2. Ancillary Injunction
3. Security by Receiver
4. Remuneration of Receiver
5. Receiver's Accounts
6. Payment of Balance by Receiver
7. Receiver's Default
ORDER 28—INQUIRIES
1. General Power to Direct Inquiries
2. Inquiry by Referee
3. Hearing for Directions
4. Report on Reference
5. Powers of Referee
ORDER 29—ACCOUNTS
1. Summary Order for Account
2. Order may Direct Taking of
Account
3. Directions as to Manner of Taking
Account
4. Accounts to be Verified
5. Notice to be Given of Alleged
Omission in Account
6. Allowances
7. Distribution of Fund before all
Persons Entitled are Ascertained
8. Guardian's Account
ORDER 30—SALE OF LAND BY ORDER OF
COURT
1. Power to Order Sale of Land
2. Manner of Carrying out Sale
3. Certifying Result of Sale
4. Mortgage, exchange or partition
under order of Court
ORDER 31—ASSIGNMENT AND CONSOLIDATION
1. Exercise of one Judge's
Jurisdiction by Another
2. Consolidation of Proceedings
ORDER 32—APPLICATION FOR DIRECTIONS
1. Purpose of Application
2. Application by Plaintiff
3. Failure of Plaintiff to apply for
Directions
4. Directions Required by other
Parties
5. Duty to Consider all Matters
6. Particular Matters for
Consideration
7. Admissions and Agreements to be
made
8. Duty to give all Information at
Hearing
9. Applications for Further Order
10. Application of this Order in
Relation to Order 34
ORDER 33—PLACE AND MODE OF TRIAL
1. Place of Trial
2. Mode of Trial
3. Time of Trial of Questions or
Issues
4. Determining the Place and Mode of
Trial
5. Dismissal of Action after
Determination of Preliminary
Issue
ORDER 34—SETTING ACTION DOWN FOR TRIAL
1. Application of Order
2. Time for Setting Down Action
3. Length of Trial
4. Early Hearing
5. New Trial
6. Directions Relating to Lists
7. Abatement of Action
ORDER 35—PROCEEDINGS IN CHAMBERS
1. Disposal of Matters in Chambers
2. Applications with Respect to Funds
3. Other Business to be Disposed of in
Chambers
4. Subpoena for Attendance of Witness
5. Assistance of Expert
6. Notice of Filing of Affidavit
7. Adjournment from Court
8. Registrar's Note
9. Papers for use of Court
10. Notes of Proceedings in Chambers
ORDER 36—PROCEEDINGS AT TRIAL
1. Failure to Attend at Trial
2. Judgment given in Absence of Party
may be set Aside
3. Adjournment of Trial
4. Order of Speeches
5. Inspection by Judge
6. Death of Party before Judgment
7. Certificate of Court Clerk
8. List of Exhibits
9. Custody of Exhibits after Trial
10. Impounded Documents
ORDER 37—ADJOURNMENTS AND DELAYS
1. Adjournments
2. Duty to Avoid Delay
3. Proceedings after Delay
4. Striking out for Delays
ORDER 38—EVIDENCE GENERALLY
1. General Rule witnesses to be
Examined Orally
2. Evidence by Affidavit
3. Evidence of Particular Facts
4. Limitation of Expert Evidence
5. Limitation of Plans in Evidence
6. Revocation or Variation of Orders
7. Trial of Issues, References
8. Depositions in Evidence
9. Official Documents in Evidence
10. Form and Issue of Writ of Subpoena
11. Amendment of Writ of Subpoena
12. Service of Writ of Subpoena
13. Duration of Writ of Subpoena
ORDER 39—EVIDENCE BY DEPOSITION
1. Power to Order Depositions to be
Taken
2. Where Person to be Examined is out
of the Jurisdiction
3. Order for Issue of Letter of
Request
4. Enforcing Attendance of Witness at
Examination
5. Refusal of witness to Attend or be
Sworn
6. Time and Place for Examination
7. Documents to be Supplied
8. Conduct of Examination
9. Examination of Additional Witnesses
10. Objection to Questions
11. Taking of Depositions
12. Indorsement of Time Occupied
13. Special Report by Examiner
14. Fees and Expenses of Examiner of
the Court
15. Order for Payment of Examiner's
Fees
16. Appointment of Examiner
ORDER 40—ASSESSMENT OF DAMAGES OR
VALUE
1. Assessment by Court
2. Assessment by Officer of Court
3. Default Judgment Against some but
not all Defendants
4. Assessment of Value
5. Assessment of Damages to be up to
Time of Assessment
ORDER 41—JUDGMENTS AND ORDERS
1. Declaratory Judgment or Order
2. Time Limit for Delivery of Judgment
3. Form of Judgment or Order
4. Time for Doing an act Under
Judgment or Order
5. Date of Judgment or Order
6. Orders Required to be Drawn up
7. Drawing up and Entry of Judgment or
Order
8. Payment by Instalments
ORDER 42—REVIEW
1. Application for Review
2. Time for making Application
3. Grant or Dismissal of Application
4. Judge to hear Application
5. Rehearing where Application Granted
6. Further Applications Barred
ORDER 43—ENFORCEMENT OF JUDGMENTS AND
ORDERS
1. Enforcement of Judgment for Payment
of Money
2. Judgment for Payment to Person
Resident outside Ghana
3. Enforcement of Judgment for
Possession of Immovable
Property
4. Enforcement of Judgment for
Delivery of Goods
5. Enforcement of Judgment to do or
Abstain from Doing an Act
6. Judgment Requiring act to be done;
Order Fixing time for Doing it
7. Service of Copy of Judgment before
Enforcement Under Rule 5
8. Court may Order Act to be done at
Expense of Disobedient Party
9. Execution by or against Person not
being a Party
10. Conditional Judgment, Waiver
11. Matters Occurring after Judgment,
Stay of Execution
12. Enforcement of Judgment and Order
for Recovery of Money
13. Forms Applicable to this Order
ORDER 44—WRIT OF EXECUTION GENERAL
1. Interpretation
2. Effect of Writ of Execution
3. Necessity for Leave to Issue Writ
of Execution
4. Writ in Aid of other Writ
5. Application for Leave to Issue Writ
6. Application for Leave to Issue Writ
of Sequestration
7. Issue of Writ of Execution
8. Writ and Request where Exchange
Control Act Applies
9. Duration and Renewal of Writ of
Execution
10. Procedure after Issue of Writ of
Execution
11. Return of Writ of Execution
12. Claims by Other Persons
13. Powers of Court Hearing
Application for Relief
ORDER 45—WRITS OF FIERI FACIAS
1. Nature of Writ of Fieri facias
2. Two or more Writs of Fieri facias
3. Separate Writs to Enforce Payment
of Costs
4. Methods of Putting Writ into Effect
5. Service of Prohibitory Orders
6. Unauthorised Alienation During
Attachment Void
7. Payment of Money and Proceeds of
Sale
8. Sales in Execution of Judgments
9. Periods of Notice of Sale
10. Setting Aside Sale for
Irrigularity
11. When Sale becomes Absolute
12. Delivery of Property Sold
13. Transfer of Securities or Shares
14. Withdrawal on Satisfaction of
Judgment
15. Power to Stay Execution by Writ of
Fieri facias
ORDER 46—EXAMINATION OF JUDGMENT
DEBTOR
1. Order for Examination
2. Examination of Party Liable to
Satisfy the Judgment
ORDER 47—GARNISHEE PROCEEDINGS
1. Attachment of Debt Due to Judgment
Debtor
2. Application for Order
3. Service and Effect of Order to Show
Cause
4. No Appearance or Dispute of
Liability by Garnishee
5. Dispute of Liability by Garnishee
6. Claims of Third Persons
7. Judgment Creditor Resident Outside
Ghana
8. Discharge of Garnishee or Judgment
Debtor
9. Money in Court
10. Cost
ORDER 48—INTERPLEADER
1. Entitlement to Relief by way of
Interpleader
2. Mode of Application
3. Application by Defendant
4. Matters to be Proved by Applicant
5. Date for Claimants to Appear in
Court
6. Filing of Particulars of Claimants'
Claim
7. Order upon Appearance of Claimants
8. Disposal in Summary Manner
9. Power to Order sale of Goods Taken
in Execution
10. Failure to Appear or Default of
Claimant
11. Discovery
12. Other Powers
ORDER— 49 CHARGING ORDERS AND STOP
ORDERS
1. Order Imposing Charge on Land
2. Order Imposing Charge on Securities
3. Application for Order
4. Service of Notice of Order to show
cause
5. Effect of Order to show cause
6. Making and Effect of Charging Order
7. Discharge of Charging Order
8. Injunctions and Receivers
9. Funds in Court stop Order
10. Securities not in Court: stop
Notice
11. Effect of Stop Notice
12. Amendment of stop Notice
13. Withdrawal of stop Notice
14. Order Prohibiting Transfer of
Securities
ORDER 50—COMMITTAL
1. Committal for Contempt
2. Committal without Application
3. Hearing of Application
4. Suspension of Order
5. Discharge of Person Committed
6. Saving of Other Powers
ORDER 51—APPEALS FROM DISTRICT COURTS
1. Notice of Appeal
2. Grounds of Appeal
3. Time for Bringing Appeal
4. Extension of Time
5. Service of Notice
6. Deposit or Security
7. Record of Appeal
8. Time Limit for Submitting Record
9. Effect of Appeal
10. Production of Original Document
11. High Court to Control Appeal
12. Failure of Party to Appear
13. New Evidence on Appeal
14. Powers of Court Hearing Appeal
15. Enforcement of Judgment or Order
16. Interlocutory Appeals
ORDER 52—APPEALS FROM REGISTRARS AND
REFEREES
1. Appeal from Registrar
2. Appeal from Referee
ORDER 53—LAND TITLE REGISTRATION
APPEALS
1. Appeals from Adjudicating
Committees
2. Grounds of Appeal
3. Service of Notice
4. Submission of Record of Proceedings
5. Time for Submission of Records
6. Effect of Appeal
7. High Court to Control Appeal
8. Failure of Party to Appear
9. New Evidence on Appeal
10. Orders of the Court
11. Enforcement of Decision or Order
12. Interlocutory Appeals
ORDER 54—TAX APPEALS
1. Tax Appeals to the High Court
2. Notice of Appeal
3. Grounds of Appeal
4. Payment of Tax
5. Filing by Agent
6. Registration of Tax Appeals and
Service on the Commission
7. Reply of Commissioner
8. Registrar to give Notice of date of
Hearing
9. Decision of the Court
10. Application of other Rules
11. Commissioner
ORDER 55—APPLICATION FOR JUDICIAL
REVIEW
1. Cases Appropriate for Application
for Judicial Review
2. Orders obtainable by Judicial
Review
3. Time for Making Application
4. Mode of Application
5. Notice of Application
6. Hearing of Application
7. Certiorari
8. Injunction or Declaration
9. Protection for Person Acting in
Obedience to Mandamus
ORDER 56—HABEAS CORPUS
1. Application for Habeas Corpus ad
Subjiciendum
2. Power of Court to which Ex-parte
Application is made
3. Copies of Affidavits to be Supplied
4. Power to Order Release of Person
Restrained
5. Directions as to Return to Writ
6. Service of Writ and Notice
7. Return to the Writ
8. Procedure at Hearing of Writ
9. Order Subject to Habeas Corpus Act
and any other Enactment
ORDER 57—DEFAMATION ACTIONS
1. Application
2. Indorsement of Claim in Libel
Action
3. Obligation to give Particulars
4. Payment into Court
5. Payment by way of Amends
6. Statement in Court
7. Certain Interrogatories not Allowed
8. Evidence in Mitigation of Damages
ORDER 58—COMMERCIAL COURT RULES
1. Application of Commercial Court
Rules
2. Nature of Commercial Claim
3. Commencement and Regulation
4. Procedure after Reply
5. Extension of Period for Settlement
6. Agreement to Settle Dispute
7. Terms of Settlement
8. Failure of Settlement Proceedings
9. Failure to Attend Pre-trial
Settlement Conference
10. Trial
11. Proceeding in the Absence of an
Assessor
12. Procedure after Hearing
13. Venue
14. Fees
Schedule of fees of Commercial Court
ORDER 59—MONEYLENDERS AND MORTGAGE
ACTIONS
1. Application and Interpretation
2. Commencement of Moneylender's
Action
3. Particulars in Statement of Claim
4. Default in Moneylender's Action
5. Judgment in Default in Mortgage
Action
ORDER 60—INSOLVENCY PROCEEDINGS
1. Application and Interpretation
2. Notice of Appeal Against Acts of
Official Trustee
3. Grounds of Appeal
4. Registration of Insolvency Appeals
5. Reply of Official Trustee
6. Registrar to give Notice of date of
Hearing
7. Decision of the Court
8. Application to the High Court by
the Official Trustee
9. Suspension of Proceedings in Court
upon Commencement of Insolvency
Proceedings
10. Application to the Court
11. Hearing of Application
12. Confirmation of Arrangement with
Creditors
13. Rescission of Protection Order
14. Insolvency Order
15. Public Examination of Debtor
16. Adjudication of Bankruptcy
17. Liability to Arrest and Seizure of
Property
18. Liability to Interception of
Letters
19. Earlier Discharge where Payment is
made
20. Alteration of Discharge Date
21. When Proceedings Come to an End
22. Order Terminating Proceedings
23. Enquiries by the Court
24. Power of the Court to Correct
Omission of Proof of Debt by
Creditor
25. Arrangement Voidable Unless
Registered
26. Setting Aside of Arrangement
27. Debtors not of Age or of Unsound
Mind
28. Deceased Insolvent-order
Terminating Administration
ORDER 61—DEBENTURE HOLDERS ACTION
1. Receiver's Register
2. Registration of Transfers
3. Application for Rectification of
Receiver's Register
4. Receiver's Register Evidence
5. Proof of Title
6. Payments
ORDER 62—MARITIME ACTIONS
1. Application and Interpretation
2. Warrant of Arrest
3. Caveat Against Arrest
4. Remedy where Property Protected by
Caveat is Arrested
5. Service of Writ
6. Committal of Lawyer Failing to
Comply
7. Execution of Warrant of Arrest
8. Service of Warrant or Writ on Ships
9. Applications Relating to property
Under Arrest
10. Release of Property under Arrest
11. Caveat Against Release
12. Duration of Caveats
13. Bail
14. Interveners
15. Judgment by Default
16. Request Appraisement and Sale of
Property
17. Payment into and Out of Court
18. Agreement Between Lawyers may be
made by Order of Court
ORDER 63—INTELLECTURAL PROPERTY RIGHTS
PROCEEDINGS
1. Commencement of Intellectural
Property Rights Proceedings
2. Production of Evidence or Document
by other Party
3. Failure of other Party to Produce
Evidence or Document
4. Imported or Manfactured Infringing
Goods
5. Ex parte Application for Actual or
Threatened Infringement
6. Notice of Interim Order
7. Compensation
8. Damages for Infringement and Cost
9. Other Remedies for Infringement
10 Additional Damages
11. Disclosure in Respect of
Infringement
12. Infringing Article or Article
Designed to Aid Infringement
13. Time for Application for Delivery
14. Disposal of Infringing Article by
the Court
15. Licence and Licencees
16. Presumptions of Authorship and
Ownership
17. Presumptions Relating to Copyright
in Sound Recording, Audio-visual
Works and Computer Programmes
18. Presumptions in Relation to the
State's Copyright
ORDER 64—ARBITRATION
1. Order of Reference
2. Appointment of Arbitrator
3. Form of Order of Reference
4. Appointment of Umpire where
Necessary
5. Enforcing Attendance of Witnesses
6. Extension of time for Making Award
7. Power of Court in Case of
Incapacity
8. Finding to be Conclusive
9. Special Case
10 Power to Modify or Correct Award
11. Power to Remit Award for
Reconsideration
12. Setting Aside Award
13. Effect of Filing Award
14. Arbitration Act, 1961
ORDER 65—MATRIMONIAL CAUSES OR MATTERS
1. Application of Order
2. Proceedings to be Commenced by
Petition
3. Leave to Commence Proceedings
within two Years
4. Procedure Before Hearing
5. Hearing of Application
6. Contents of Petition
7. Co-respondent and Intervener
8. Service of Petition
9. Proof of Service
10. Appearance
11. Amended Petition
12. Answer
13. Reply
14. Close of Pleadings
15. Service of Pleadings
16. Pleadings Out of Time
17. Particulars
18. Discovery
19. Medical Examination
20. Evidence
21. Setting Down Proceedings for Trial
22. Copies of Judgment
23. Application for Ancillary Relief
24. Notice of Application
25. Evidence of Income
26. Hearing of Application
27. Modification Order
28. Service of Other Document
29. Motions
30. Other Proceedings Relating to
Child of Household
ORDER 66—PROBATE AND ADMINISTRATION
1. Application for Probate or Letters
of Administration
2. Preservation of Property
3. Intermeddling with Property
4. Neglect to Apply for Probate
5. Production of Testamentary Papers
6. Examination in Respect of
Testamentary Papers
7. Notice to Executors to Come in and
Prove Will
8. Affidavits in Support of
Application
9. Declaration of Property of the
Deceased
10 Notice of Grant
11. Caveat
12. Order of Priority for Grant where
Deceased Leaves a Will
13. Order of Priority of Grant where a
Person Dies Intestate after
Enactment of PNDCL 111
14. Grant where Two or more Persons
are Entitled in the Same Degree
15.Notice to Accept or Refuse Grant of
Probate or Administration
16. Custody of Wills
17. Examination of Will
18. Attestation Clause and Witnesses
19. Blind or Illiterate Testator
20. Interlineations, Alterations,
Erasures, Obliterations
21. Documents Referred to in a will
22. Making Copy of a will Wworn to
23. Examination of Person Making
Affidavit
24. Double Probate
25. Proof of will in Common Form
26. Proof of will in a Solemn Form
27. Issue of writ to have a will
Pronounced Valid
28. Action to Declare will Invalid
29. Action to Revoke Grant of Probate
or Letters of Administration
30. General Procedure for
Administration
31. Bond Forms
32. Interpretation
33. Commencement of Probate Action
34. Intervention
35. Application for Notice to an
Interested Person
36. Entry of Appearance
37. Notice to Bring in Grant
38. Affidavit of Testamentary Script
39. Default of Appearance
40. Pleadings
41. Counterclaim
42. Default of Pleading
43. Discontinuance
44. Interpretation
45. Determination of Questions or
Relief without Administration
46. Directions by the Court in
Administration Action
47. Parties
48. Lost, Damaged or Unobtainable
wills
49. Grant to Person with Power of
Attorney
50. Grant for the use of Minors
51. Persons to Whom Grants may be made
as Guardians of Children
52. Disability Grants
53. Incapacity after Grant
54. Grant in Respect of a Person
Serving Prison Sentence
55. Grant Limited by the Terms of the
will
56. Absentee Grant
57. Grant for the Preservation of the
Estate
58. Administration Pendente Lite
59. Special Grant in Respect of
Unadministered Assets (De-bonis
non)
60. Second Grants
ORDER 67—ENFORCEMENT OF FUNDAMENTAL
HUMAN RIGHTS
1. Application for Redress Under
Article 33 of the Constitution
2. Mode of Submission of Application
3. Time for Submission of Application
4. Response to Application
5. Setting Down the Application for
Hearing
6. Hearing of Application
7. Appearance of Lawyer
8. Court to Issue Directions, Orders
or Writs
9. Appeal Against Direction, Order or
Writs
ORDER 68—PROCEEDINGS TRANSFERRED TO
HIGH COURT
1. Papers to be Filed
2. Parties to be Notified
3. Appearance
4. Default of Appearance
5. Application for Directions or
Summary Judgment
ORDER 69—SERVICE OF FOREIGN PROCESS
1. Service of Foreign Process
2. Service under Civil Procedure
Convention
3. Costs to be Certified
4. Certificates
ORDER 70—OBTAINING EVIDENCE FOR
FOREIGN COURTS
1. Application for Order
2. Certificate or Other Document
3. Application by Attorney-General
4. Taking of Examination
5. Dealing with Deposition
ORDER 71—RECIPROCAL ENFORCEMENT OF
JUDGMENTS
1. Powers Exercisable by Judge in
Chambers
2. Application for Registration
3. Evidence in Support of Application
4. Security for Costs
5. Order for Registration
6. Register of Judgments
7. Notice of Registration
8. Indorsement of Service
9. Application to set Aside
Registration
10 Issue of Execution
11. Determination of Question
12. Rules to have Effect Subject to
Legislative Instrument
13. Certified copy of High Court
Judgment
ORDER 72—FOREIGN MAINTENANCE ORDERS
1. Transmission of Copy of Order of
Foreign Court
2. Registration of Orders
3. Notice of Confirmation
4. Direction as to Payments
5. Collection of Payments
6. Notice of Taking of Further
Evidence
ORDER 73—ARREST OF ABSCONDING
DEFENDANT
1. Defendant Leaving the Jurisdiction;
Application for Security
2. Bail for Appearance
3. Deposit in Lieu of Bail
4. Committal in Default of Security or
Deposit
5. Court with Jurisdiction
6. Cost of Keeping the Arrested Person
ORDER 74—COSTS
1. Costs in the Discretion of Court
2. Assessment of Costs by Court
3. Stage at which Costs May be Dealt
with
4. When a Party is Entitled to Costs
without an Order
5. Court Costs Follow the Event
6. Special Matters to be Taken into
Account
7. Costs in Probate, Trust and
Mortgage Issues
8. Costs Arising from Misconduct or
Neglect
9. Personal Liability of Lawyer for
Costs
10. Set-off
11. Recovery of Costs
12. Review
ORDER 75—LAWYERS
1. Change and Appointment of Lawyer
2. Status of Former Lawyer
3. Notice of Change of Representation
4. Notice of Change of Agent Lawyer
5. Removal of Lawyer From Record
6. Withdrawal of Lawyer who has Ceased
to Act for a Party
7. Address for Service of Party Whose
Lawyer is Removed
8. Lawyer may be Ordered to Deliver
Cash Account, Documents
ORDER 76—REGISTRARS AND BAILIFFS
1. Cause Lists to be Kept
2. Power to Administer Oath
3. Custody of Money in Court
4. Custody of Other Goods in Court
5. Bailiff to make Returns
ORDER 77—PRODUCTION OF HIGH COURT
DOCUMENTS
1. Application of Order
2. Request for Production
3. Sending of Document, Certificate
4. Safe Custody and Return of
Documents
5. Records to be Kept
6. Attendance of Registrar
ORDER 78—PAPER, PRINTING NOTICES AND
COPIES
1. Quality and Size of Paper
2. Printing and Writing
3. Notices
4. Copies of Documents for Other Party
5. Requirement as to Copies
ORDER 79—SITTINGS, OFFICE HOURS AND
VACATIONS
1. Days and Hours of Sitting
2. Order of Business
3. Office Hours
4. Vacations
ORDER 80—TIME
1. Reckoning Periods of Time
2. Vacations not Generally to be
Reckoned in Time for Serving of
Pleadings
3. Non-working Days
4. Extension or Reduction of Time
5. Definition of Month
ORDER 81—EFFECT OF NON-COMPLIANCE WITH
RULES
1. Non-compliance with Rules not to
Render Proceedings Void
2. Setting Aside for Irregularity
ORDER 82—SUPPLEMENTARY AND
MISCELLANEOUS PROVISIONS
1. Matters not Provided for
2. Forms
3. Interpretation
4. Commencement of Operation of Rules
of L.I. 1515
5. Application of L.I. 1515
6. Revocation
SCHEDULE OF FORMS
Form 1—Writ of summons
Form 2—Notice to partner or manager
when served with writ
Form 3—Notice of writ of summons to be
served out of the jurisdiction
Form 4—Request for service abroad
Form 5—Notice of appearance
Form 6—Third party notice claiming
contribution or indemnity or
other relief or remedy
Form 7—Notice of payment into court
Form 8—Notice of acceptance of money
paid into court
Form 9—Notice of payment into court by
plaintiff in satisfaction of
counterclaim
Form 10—General form of
interrogatories
Form 11—General form of answer to
interrogatories
Form 12—Request to admit facts
Form 13—Response to request to admit
facts
Form 14—Writ of subpoena (ad
testificandum/duces tecum)
Form 15—Request for writ of subpoena
Form 16—Letter of request for
examination of witness abroad
Form 16A—Interrogatories to accompany
letter of request
Form 16B—Lawyer's undertaking as to
expenses
Form 17—Judgment for plaintiff for
debt or damages and costs after
trial
Form 17A—Judgment for plaintiff on
claim and counterclaim
Form 17B—Judgment for plaintiff on
claim and for defendant on
counterclaim
Form 17C—Judgment for plaintiff in
action for detention of goods
Form 17D—Judgment for infant
plaintiff-investment by
registrar
Form 17E—Judgment for the defendant on
claim
Form 17F—Judgment for defendant on
claim and counterclaim
Form 18—Request for writ of fi.fa.
Form 18A—Writ of fieri facias
Form 18B—Request for writ of Fi.fa.
with certificate under the
exchange control act, 1961
Form 18C—Request for writ of
possession
Form 18D—Writ of possession
Form 18E—Request for writ of
possession and Fi.fa. combined
Form 18F—Request for writ of delivery
Form 18G—Request for writ of delivery
and Fi.fa. combined
Form 18H—Writ of specific delivery of
goods and costs only
Form 18I—Writ of delivery and Fi.fa.
combined-specific delivery of
goods, damages and costs
Form 18J—Writ of delivery and Fi.fa.
combined delivery of goods or
assessed value and damages and
costs
Form 18K—Writ of assistance
Form 19—Order referring pending action
to arbitration (short form)
Form 19A—Order referring pending
action to arbitration (long
form)
Form 20—Order to produce paper
purporting to be testamentary
Form 21—Renunciation of probate or
administration with will annexed
Form 22—Declaration of movable and
immovable property of a testator
or an intestate
Form 23—Notice to next-of-kin
Form 25—Notice of filing caveat
Form 26—Warning to caveator
Form 27—Notice to executors or
next-of-kin to take a grant
Form 28—Affidavit of finding and
condition of will
Form 29—Attestation clause and
witnesses
Form 30—Affidavit of handwriting
Form 31—Oath for executor
Form 32—Oath for administrator with
will annexed
Form 33—Double probate
Form 34—Administration bond
Form 35—Administration bond (with will
annexed)
Form 36—Justification of sureties
Form 37—Affidavit of increase of
estate
Form 38—Assignment of bond
Form 39—Notice of proceedings
Form 40—Affidavit of testamentary
script
Form 41—Power of attorney to take
administration
Form 42—Power of attorney to take
administration with will annexed
given by executors
Form 43—Affidavit to lead the court's
order assigning guardians to
minor for the purpose of taking
administration or probate
Form 44—Administrator's cash account
Form 45—Administrator's inventory
Form 46—Letters of administration de
bonis non
HIGH COURT (CIVIL PROCEDURES) RULES,
2004
IN exercise of the powers conferred on
the Rules of Court Committee by
clause (4) of article 33 and
clause (2) of article 157 of the
Constitution these Rules are
made this 1st day of June, 2004.
GENERAL PROVISIONS
ORDER 1—PRELIMINARY MATTERS
Rule 1—Application of Rules
(1) These Rules shall apply to all
civil proceedings in the High
Court and the Circuit Court,
except that the application by
the Circuit Court shall be with
such modifications as may be
necessary.
(2) These Rules shall be interpreted
and applied so as to achieve
speedy and effective justice,
avoid delays and unnecessary
expense, and ensure that as far
as possible, all matters in
dispute between parties may be
completely, effectively and
finally determined and
multiplicity of proceedings
concerning any of such matters
avoided.
Rule 2—Publicity of Proceedings
(1) All proceedings of the Court
including the announcement of
its decision shall be held in
public except as may be
otherwise ordered by the Court
in the interest of public
morality, safety or public
order.
(2) Sub-rule (1) shall have effect
subject to the provisions of the
Constitution and any other
enactment in force.
(3) Where in the exercise of its
powers the Court orders that any
proceedings shall not be heard
in public it shall specify the
reason in the Record Book and
those proceedings shall be held
by the Judge in the presence of
only the parties, their lawyers
and officers of the Court.
Rule 3—Conduct of Proceedings by a
Person other than a Party
(1) A public officer may in any
proceedings represent any of the
following parties,
(a) the Republic;
(b) the President;
(c) the Government; or
(d) a person employed by the
Government or a public authority
whose costs are being defrayed
by the Government or that
authority.
(2) Where in any proceedings the Court
is satisfied that a party not
represented by a lawyer is
unable to attend the Court in
person for good and sufficient
reason, the Court may permit the
party to be represented by a
member of that person's family
or one of that person's
employees or that person's
employer, if the representative
satisfies the Court that the
representative has the authority
of the absent party to represent
the party absent.
Rule 4—Acting without Authority
A person who without authority
knowingly acts or takes any
proceedings in the Court in the
name of or on behalf of another
person shall be liable to
committal for contempt of court.
ORDER 2—COMMENCEMENT OF PROCEEDINGS
Rule 1—Title of Parties
Subject to any existing enactment to
the contrary, the party who
commences civil proceedings
shall be described as
"plaintiff" and the opposing
party shall be described as
"defendant".
Rule 2—Commencement of Proceedings
Subject to any existing enactment to
the contrary all civil
proceedings shall be commenced
by the filing of a writ of
summons.
Rule 3—Contents of Writ
(1) Every writ shall be as in Form 1
in the Schedule and shall be
endorsed with a statement of the
nature of the claim, relief or
remedy sought in the action.
(2) The occupational and residential
address of the parties shall be
stated on the writ and the
address of the plaintiff rather
than the address of the lawyer
of the plaintiff shall be used
in the writ.
(3) Where the plaintiff's claim is for
a liquidated demand only, the
writ shall include in addition
to the amount claimed in respect
of the demand a statement that
further proceedings will be
stayed if within the time
limited for appearance the
defendant pays the amount
claimed
(a) to the plaintiff or the
plaintiff's lawyer; or
(b) into court if the plaintiff is
resident outside the country or
is acting on behalf of a person
so resident or if the defendant
is making the payment by an
order or on behalf of a person
resident outside the country.
Rule 4—Indorsement as to Capacity
(1) Before a writ is filed it shall be
indorsed
(a) where the plaintiff sues in a
representative capacity, with a
statement of the capacity in
which the plaintiff sues; or
(b) where a defendant is sued in a
representative capacity, with a
statement of the capacity in
which the defendant is sued.
(2) Before a writ is filed by a
plaintiff who acts by an order
or on behalf of a person
resident outside Ghana, the writ
shall be indorsed with a
statement of that fact and with
the address of the person so
resident.
Rule 5—Indorsement as to Plaintiff
(1) Before a writ is filed by a
plaintiff it shall be indorsed
(a) where the plaintiff sues in
person, with the occupational
and residential address of the
plaintiff or if the plaintiff
resides outside the country, the
address of a place in the
country to which documents for
the plaintiff may be served; or
(b) where the plaintiff sues by a
lawyer, the plaintiff shall, in
addition to the residential and
occupational address of the
parties, provide at the back of
the writ the lawyer's firm name
and business address in Ghana
and also, if the lawyer is the
agent of another, the firm name
and business address of his
principal.
(2) The address for service of a
plaintiff shall be
(a) where the plaintiff sues by a
lawyer, the business address of
the plaintiff or the plaintiff's
lawyer or the plaintiff's
lawyer's agent as indorsed on
the writ; or
(b) where the plaintiff sues in
person, the plaintiff's address
in the country as indorsed on
the writ.
(3) Where a lawyer's name is indorsed
on the writ, the lawyer shall
declare in writing whether the
writ was filed by the lawyer or
with the authority or consent of
the plaintiff, if any defendant
who has been served with or who
has filed appearance to the
writ, requests the lawyer in
writing to do so.
(4) If the lawyer declares in writing
that the writ was not filed by
the lawyer or with the authority
or consent of the plaintiff, the
Court may, on application by any
defendant who has been served
with or who has filed appearance
to the writ, strike out the
writ.
(5) Where the address of the defendant
after diligent search is not
known, the plaintiff shall
indicate on the writ that the
plaintiff shall direct service.
Rule 6—Writ and Statement of Claim
Every writ shall be filed together
with a statement of claim as
provided for in Order II and no
writ shall be issued unless a
statement of claim is filed with
it.
Rule 7—Issue of Writ
(1) The issue of a writ shall take
place upon being sealed by the
Registrar.
(2) No writ shall be sealed unless at
the time it is filed for
sealing, the person filing it
leaves with the Registrar a copy
signed by the plaintiff, if the
plaintiff sues in person or by,
or on behalf of the plaintiff's
lawyer.
(3) The officer receiving the copy
shall file it and make an entry
in the Cause Book.
(4) Every writ shall be dated on the
day on which it is issued.
(5) No writ, notice of which is to be
served out of the jurisdiction,
shall be issued without leave of
the Court as provided in Order
8.
Rule 8—Concurrent Writs
(1) At the request of the plaintiff,
one or more Concurrent writs may
be issued at the time when the
original writ is issued or at
any later time after the
original writ is issued and
before the original writ ceases
to be valid.
(2) Without prejudice to the
generality of subrule (1), a
writ for service within the
jurisdiction may be issued as a
Concurrent writ with a writ,
notice of which is to be served
out of the jurisdiction; and a
writ, notice of which is to be
served out of the jurisdiction
may be issued as a concurrent
writ with one for service within
the jurisdiction.
(3) A concurrent writ is a true copy
of the original writ with such
difference, if any, as are
necessary having regard to the
purpose for which the writ is
issued.
(4) A concurrent writ shall be sealed
by being marked "concurrent"
with an official stamp, and with
the date on which it is issued.
Rule 9—Duration and Renewal of Writ
(1) For the purpose of service, a
writ, other than a concurrent
writ, shall be valid in the
first instance for twelve months
beginning with the date of its
issue, and a concurrent writ
shall be valid in the first
instance for the period of the
validity of the original writ
which is unexpired at the issue
of the concurrent writ.
(2) Where a writ has not been served
on a defendant within the time
limited for its service by this
rule, the Court may by order
extend its validity from time to
time for a period as may be
specified in the order, not
exceeding twelve months at a
time, beginning with the day
following that on which it would
otherwise expire, if an
application for extension is
made to the Court before that
day or such later day as the
Court may allow.
(3) An application for an order under
subrule (2) shall be supported
by an affidavit showing all the
circumstances relied on,
including the date of issue of
the original writ and if it has
already been renewed the date of
the last renewal, and a full
explanation as to why it has not
already been served.
(4) Before a writ whose validity has
been extended under this rule is
served, it shall be marked with
an official stamp showing the
period for which its validity
has been extended.
(5) Where the validity of a writ is
extended by an order made under
this rule, the order shall
operate in relation to any other
writ, whether original or
concurrent, issued in the same
action which has not been served
so as to extend the validity of
that writ until the expiration
of the period specified in the
order.
ORDER 3—VENUE AND TRANSFER
Rule 1—Venue of Proceedings
(1) Every cause or matter that relates
to immovable property or any
interest in it or for any damage
to it shall be commenced in the
Region in which the immovable
property or any part of it is
situated.
(2) Every cause or matter that relates
to movable property distrained
or seized for any cause shall be
commenced in the Region in which
the distraint or seizure takes
place.
(3) Every cause or matter against a
public officer to recover
penalty or forfeiture shall be
commenced in the Region where
the cause of action arises.
(4) Every cause or matter for specific
performance of a contract or in
respect of breach of contract,
shall be commenced in the Region
in which the contract ought to
have been performed or in which
the defendant resides or carries
on business.
(5) All other causes or matters shall
be commenced in the Region in
which the defendant resides or
carries on business.
(6) If there are two or more
defendants resident in different
Regions the cause or matter may
be commenced in any of the
Regions.
Rule 2—Transfer of Proceedings
(1) Where a cause or matter is
commenced in a Region other than
that in which it ought to have
been commenced under rule 1, it
may continue in the Region in
which it was commenced unless
(a) the defendant raises an objection
to the jurisdiction before or at
the time the defendant is
required to file a defence in
the proceedings; or
(b) the Court reports to the Chief
Justice that in its opinion the
proceedings ought to be
transferred and the Chief
Justice orders the transfer.
(2) No proceedings taken prior to an
objection to the jurisdiction
with regard to venue raised by
the defendant under paragraph
(a) of subrule (1) of this rule
shall be affected by the
objection, but the Court if
satisfied that the objection is
well founded, shall inform the
Chief Justice that in its
opinion the cause or matter
ought to be transferred to the
Region in which it ought to have
been commenced, and the Chief
Justice may upon that, make such
order as the Chief Justice
considers appropriate.
ORDER 4—PARTIES AND CAUSES OF ACTION
Rule 1—Right to take Proceedings
(1) Subject to these Rules, any person
may begin and carry on
proceedings in person or by a
lawyer.
(2) A body corporate shall not begin
or carry on proceedings except
by a lawyer, unless permitted to
do so by an express provision of
any enactment.
(3) A next friend or guardian ad litem
of a person with disability
shall act by a lawyer.
Rule 2—Joinder of Causes of Action
(1) Subject to rule 4 of this Order, a
plaintiff may in one action
claim relief against the same
defendant in respect of more
than one cause of action
(a) if the plaintiff claims, and the
defendant is alleged to be
liable in respect of all the
causes of action;
(b) if the plaintiff claims and the
defendant is alleged to be
liable,
(i) in the capacity of executor or
administrator of an estate or
successor under customary law in
respect of one or more of the
causes of action; and
(ii) in the defendant's personal
capacity but with reference to
the same estate in respect of
all the others; or
(c) in any other case, with leave of
the Court.
(2) An application for leave under
subrule (1)(c) shall be made
ex-parte before the issue of the
writ and shall be supported by
an affidavit stating the grounds
for the application.
Rule 3—Joinder of Parties
(1) Subject to rule 4 of this Order,
two or more persons may be
joined together in the same
action as plaintiffs or as
defendants without leave of
Court, where
(a) if separate actions were brought
by or against each of them, some
common question of law or fact
would arise in all the actions;
and
(b) all rights to relief claimed in
the action whether they are
joint, several or in the
alternative are in respect of or
arise out of the same
transaction or series of
transactions.
(2) Where the plaintiff in any action,
other than a probate action,
claims any relief to which any
other person is entitled jointly
with the plaintiff, all persons
so entitled shall, subject to
the provisions of any enactment
and unless the Court gives leave
to the contrary, be parties to
the action and any of them who
does not consent to being joined
as a plaintiff shall, subject to
any order made by the Court on
an application for leave under
this subrule, be made a
defendant.
(3) Where relief is claimed in an
action against a defendant who
is jointly liable with some
other person, not severally
liable, that other person need
not be made a defendant to the
action; but where persons are
jointly, but not severally
liable under a contract and
relief is claimed against some
but not all of those persons in
an action in respect of that
contract, the Court may, on the
application of any defendant to
the action, by order stay
proceedings in the action until
the other persons who are liable
are added as defendants.
Rule 4—Court may Order Separate Trials
If claims in respect of two or more
causes of action are included by
a plaintiff in the same action,
or if two or more plaintiffs or
defendants are parties to the
same action and it appears to
the Court that the joinder of
causes of action or of parties
may embarrass or delay the trial
or is otherwise inconvenient,
the Court may
(a) order separate trials;
(b) confine the action to some of the
causes of action and exclude
others;
(c) order the plaintiff or plaintiffs
to elect which cause of action
should be proceeded with;
(d) order which plaintiff shall remain
as plaintiff or shall cease to
be such plaintiff;
(e) order a defendant to be struck out
so as not to embarrass the
defendant or cause the defendant
any expense by being required to
attend proceedings in which the
defendant has no interest; or
(f) make such other order as may be
just.
Rule 5—Misjoinder and Non-joinder of
Parties
(1) No proceedings shall be defeated
by reason of misjoinder or
non-joinder of any party; and
the Court may in any proceeding
determine the issues or
questions in dispute so far as
they affect the rights and
interests of the persons who are
parties to the proceedings.
(2) At any stage of proceedings the
Court may on such terms as it
thinks just either of its own
motion or on application
(a) order any person who has been
improperly or unnecessarily made
a party or who for any reason is
no longer a party or a necessary
party to cease to be a party;
(b) order any person who ought to have
been joined as a party or whose
presence before the Court is
necessary to ensure that all
matters in dispute in the
proceedings are effectively and
completely determined and
adjudicated upon to be added as
a party.
(3) No person shall be added as a
plaintiff without that person's
consent, signified in writing or
in such other manner as may be
authorised by the Court.
(4) Any application by any person for
an order under subrule (2) to
add that person as a party shall
be made by motion supported by
an affidavit showing the
person's interest in the matter
in dispute before or at the
trial.
(5) When an order is made under
subrule (2), the writ shall
within fourteen days after the
making of the order or such
other period as may be specified
in the order, be amended
accordingly and indorsed with a
reference to the order in
pursuance of which the amendment
is made and with the date on
which the order for the
amendment is made.
(6) Where under this rule a person is
ordered to be made a defendant,
the person on whose application
the order is made shall procure
it to be noted in the Cause Book
by the Registrar and after it is
so noted
(a) the amended writ shall be served
on the person ordered to be made
a defendant; and
(b) the defendant so served shall
thereafter file an appearance.
(7) A person ordered under this rule
to be added as a party shall not
become a party until the writ is
amended in relation to the
person under this rule and, if
the person is a defendant, the
writ has been served on the
person.
Rule 6—Change of Parties by Reason of
Death or Bankruptcy
(1) Where a party dies or becomes
bankrupt but the cause of action
survives, the action shall not
abate by reason of the death or
bankruptcy.
(2) Where at any stage of the
proceedings the interest or
liability of any party is
assigned or transmitted to or
devolves upon some other person,
the Court may, for the effective
and complete determination of
the matters in dispute, order
that other person to be
substituted for the first-named
party.
(3) An application for an order under
this rule may be made ex-parte.
(4) Where an order is made under this
rule for a person to be made a
party and the person is already
a party on the other side of the
record, the order shall be
treated as containing a
direction that the person shall
cease to be a party on that
side.
(5) When an order is made under this
rule for a person to be made a
party and the person is already
on the same side but in a
different capacity, the order
may contain a direction that the
person shall cease to be a party
in that other capacity.
(6) The person on whose application an
order is made under this rule
shall procure it to be noted in
the Cause Book by the Registrar
and after it is so noted the
person shall unless the Court
otherwise directs, serve the
order on every other party to
the proceedings or who becomes
or ceases to be a party by
virtue of the order.
(7) A person may, within fourteen days
after the person is served with
an order made ex-parte under
this rule, apply to the Court to
discharge or vary the order.
(8) A person ordered under this rule
to be substituted as a party
shall not become a party until
the order is served on the
person under subrule (6) or, if
no order is required to be
served on the person, it has
been noted in the Cause Book;
and where the person becomes a
party, all things done in the
course of the proceedings before
the making of the order shall
have effect in relation to the
new party as they had in
relation to the old; except that
filing of appearance by the old
party shall not dispense with
filing of appearance by the new
party.
(9) Where under this rule a person is
ordered to be made a defendant,
the person shall file an
appearance, and for this purpose
the time limited for filing
shall begin from the date on
which the order is served on the
person under subrule (6) or, if
the order is not required to be
served on the person, from the
date on which it is noted in the
Cause Book.
Rule 7—Failure to Proceed after Death
(1) If after the death of a plaintiff
the cause of action survives,
but no order is made under rule
6 substituting as plaintiff any
person in whom the cause of
action vests, the defendant may
apply to the Court for an order
that unless the action is
proceeded with within such time
as may be specified in the
order, the action of the
plaintiff who has died shall be
struck out.
(2) The Court shall not make an order
under subrule (1) unless it is
satisfied that due notice of the
application has been given to
the personal representatives or
the customary successor or head
of family of the deceased
plaintiff and to any other
interested persons who, in the
opinion of the Court, should be
notified.
(3) The cost of the application under
subrule (1) of this rule shall
be borne by the estate of the
deceased plaintiff.
Rule 8—Actions for Possession of Land
(1) Without prejudice to rule 5, the
Court may in an action for
possession of immovable property
at any stage of proceedings
order any person who is not a
party to the action but who is
in possession of the immovable
property, whether personally in
possession or by a tenant or
agent, to be made a defendant.
(2) An application under this rule by
a person in possession of an
immovable property in dispute
may be made on notice to the
plaintiff supported by an
affidavit showing that the
person is in possession of the
immovable property in question
and if by a tenant or agent,
naming that tenant or agent.
Rule 9—Representation of Stools and
Families
(1) The occupant of a stool or skin
or, where the stool or skin is
vacant, the regent or caretaker
of that stool or skin may sue
and be sued on behalf of or as
representing the stool or skin.
(2) The head of a family in accordance
with customary law may sue and
be sued on behalf of or as
representing the family.
(3) If for any good reason the head of
a family is unable to act or if
the head of a family refuses or
fails to take action to protect
the interest of the family any
member of the family may subject
to this rule sue on behalf of
the family.
(4) Where any member of the family
sues under subrule (3) a copy of
the writ shall be served on the
head of family.
(5) A head of family, served under
subrule (4) may within three
days of service of the writ
apply to the Court to object to
the writ or to be substituted as
plaintiff or be joined as
plaintiff.
(6) If the head of a family is sued as
representing the family but it
appears that he or she is not
properly protecting the
interests of the family, any
member of the family may apply
to the Court to be joined as a
defendant in addition to or in
substitution for the said head.
(7) An application under subrule (5)
or (6) shall be made on notice
to the parties in the action and
shall be supported by an
affidavit verifying the identity
of the applicant and the grounds
on which the applicant relies.
Rule 10—Dispute as to Personal
Representative or Customary
Successor
If any dispute arises as to who is the
personal representative or
customary successor of a
deceased plaintiff, the Court
may decide that dispute at or
before the hearing of the action
who shall be admitted as such
personal representative or
successor or where circumstances
so require stay proceedings
until that fact has been
determined in another action.
Rule 11—Representative Proceedings
(1) Where numerous persons have the
same interest in any
proceedings, other than
proceedings mentioned in rule 13
of this Order, the proceedings
may be commenced, and unless the
Court otherwise orders,
continued by or against any one
or more of them as representing
all or as representing some of
them.
(2) At any stage of proceedings under
this rule the Court may on the
application of the plaintiff,
and on such terms, if any, as it
thinks fit, appoint any one or
more of the defendants or other
persons to represent all the
defendants or some of the
defendants.
(3) Where in the exercise of its
powers under subrule (2) the
Court appoints a person not
named as a defendant it shall
make an order under rule 5
adding the person as a
defendant.
(4) A judgment or order given in
proceedings under this rule
shall bind all the persons
acting as representatives of the
parties, but shall not be
enforced against a person not a
party to the proceedings except
with leave of the Court.
(5) Notice of the application for the
grant of leave under subrule (4)
shall be served personally on
the persons against whom it is
sought to enforce the judgment
or order unless the Court
otherwise orders.
(6) A person bound by the judgment or
order, against whom an
application is made under
subrule (4) may nevertheless
dispute liability to have the
judgment or order enforced
against that person on the
ground that that person is
entitled to be exempted from the
liability by reason of facts and
matters peculiar to that
person's case.
(7) The Court hearing an application
for the grant of leave under
subrule (4), may order the
question whether the judgment or
order is enforceable against the
person against whom it is made,
to be tried and determined in
any manner in which any issue or
question in an action may be
tried and determined.
Rule 12—Representation of Interests of
Persons who cannot be
Ascertained
(1) Subject to subrule (2), in any
proceedings that concerns
(a) the administration of the estate
of a deceased person;
(b) property subject to a trust; or
(c) the construction of a written
instrument including an
enactment, the Court, if
satisfied that it is expedient
to do so, may appoint one or
more persons to represent any
person, including an unborn
child, or class of persons who
is or may be interested, whether
presently or for any future or
contingent or unascertained
interest, in or affected by the
proceedings.
(2) The Court shall not exercise its
power under subrule (1) unless
it is satisfied
(a) that the person, class or some
member of the class cannot
readily be ascertained; or
(b) that the person, class or some
member of the class, though
ascertained, cannot be found; or
(c) that though the person or class
and its members can be
ascertained and found, it is
expedient, having regard to all
the circumstances including the
amount at stake and the degree
of difficulty of the point to be
determined, to exercise the
power for the purpose of saving
time.
(3) Where the Court exercises its
power under subrule (1), a
judgment or order of the Court
given or made when the person or
persons appointed in the
exercise of that power are
before the Court shall bind the
person or class of persons
represented by the person or
class of persons so appointed.
(4) Where, in any proceedings to which
this rule applies, a compromise
is proposed and some of the
persons who are interested in,
or who may be affected by the
compromise are not parties to
the proceedings, including
unborn and unascertained
persons, but
(a) there is some other person with
the same interest before the
Court who assents to the
compromise or on whose behalf
the Court sanctions the
compromise; and
(b) the absent persons are represented
by a person appointed under
subrule (1) who so assents,
the Court, if satisfied that the
compromise will be for the
benefit of the absent persons
and that it is expedient for it
to exercise this power, may
approve the compromise and order
that it shall bind the absent
persons, and they shall be bound
accordingly unless the order was
obtained by fraud or
non-disclosure of material
facts.
Rule 13—Representation of
Beneficiaries by Trustees
(1) Trustees, executors or
administrators may sue and be
sued in their capacity as such
without joining any of the
persons who have beneficial
interest in the trust or estate.
(2) A judgment or order given or made
in such proceedings shall bind
those persons, unless the Court
in the same or other proceedings
otherwise orders on the ground
that the trustees, executors or
administrators could not or did
not in fact represent the
interests of those persons in
the earlier proceedings.
(3) This rule is without prejudice to
the power of the Court to order
a person who has a beneficial
interest to be made a party to
the proceedings or to make an
order under rule 12.
Rule 14—Representation of the Interest
of a Deceased Person in
Proceedings
(1) There in any proceedings it
appears to the Court that a
deceased person was interested
in the matter in question and
that the person has no personal
representative or customary
successor or head of family, the
Court may on the application of
any party to the proceedings,
proceed in the absence of a
representative of the estate or
the deceased or may by order
appoint a person to represent
that estate for the purpose of
the proceedings.
(2) Any such order and any judgment or
order subsequently given or made
in the proceedings, shall bind
the estate of the deceased
person to the same extent as if
a personal representative or
customary successor or head of
family of that person had been a
party to the proceedings.
(3) Before making an order under this
rule the Court may require
notice of the application for
the order to be given to any of
the persons who has an interest
in the estate.
ORDER 5—PERSONS WITH DISABILITY
Rule 1—Definition and Effect of
Disability
(1) For the purposes of judicial
proceedings under these Rules a
person with disability means a
person under the age of eighteen
years or a person who is
certified by a medical officer
to be incapable of managing and
administering his or her
property and affairs by reason
of mental disorder or infirmity
of mind
(2) The Court may where it considers
it desirable in any action,
order a medical examination of
the person claimed to be a
person with disability.
(3) Subject to these Rules, anything
which in the ordinary conduct of
any proceedings is required or
authorised by these Rules to be
done by a party to the
proceedings shall, if the party
is a person with disability, be
done by his or her next friend
or guardian ad litem.
(4) A next friend or guardian ad litem
shall act by a lawyer.
Rule 2—Appointment of next Friend or
Guardian ad litem
(1) No order for the appointment of a
next friend or guardian ad litem
shall be necessary except where
any of these Rules provides.
(2) Except where a friend or guardian
ad litem has been appointed by
the Court, the name of a person
shall not be used, and a person
shall not be entitled to act, in
any cause or matter, as next
friend or guardian ad litem of a
person with disability unless
the lawyer of the person with
disability has filed in the
registry
(a) a written consent of the person
proposing to be next friend or
guardian ad litem to act in that
capacity; and
(b) a certificate made by the lawyer
for the person with disability
certifying that the lawyer knows
or believes the person to whom
the certificate relates is a
person with disability, and that
the person named in the
certificate as next friend or
guardian ad litem is a proper
person to act as such and has no
interest in the cause or matter
adverse to that of the person
with disability.
(3) Where there is any doubt or
dispute as to whether a person
is a person with disability, the
Court shall determine that issue
and make an appropriate order.
(4) Where a person has been or is next
friend or guardian ad litem of a
person with disability in any
proceedings, no other person
shall be entitled to act as next
friend or guardian ad litem in
those proceedings, unless the
Court makes an order appointing
that person as friend or
guardian in substitution for the
person previously acting in that
capacity.
(5) The Court may for good cause
remove a person acting as next
friend or guardian ad litem and
appoint another person in that
person's place.
(6) If a person acting as next friend
or guardian ad litem dies or for
some good reason is unable to
continue the proceedings on
behalf of the person with
disability, the Court shall
appoint another person to act as
next friend or guardian ad litem
to continue the proceedings.
Rule 3— Attainment of 18 Years
(1) If a party with disability by
virtue only of being under the
age of eighteen years attains
the age of eighteen years before
judgment, the party shall file a
notice in the registry of the
Court that he or she has
attained the age of eighteen
years and serve a copy on the
other party to the suit.
(2) On attaining the age of eighteen
years, the party may, with the
leave of the Court, repudiate
proceedings carried on by the
next friend or guardian ad
litem.
Rule 4—Mental Disorder of a Party
after Proceedings are Begun
(1) Where a party suffers mental
disorder after proceedings have
begun, the lawyer for the party
shall immediately he or she
becomes aware of this fact, file
a notice in the Court to that
effect and all further
proceedings shall then cease
until a next friend or guardian
ad litem is appointed by the
Court to act for the person with
disability.
(2) The notice to be filed under
subrule (1) shall state the date
on which the party suffered the
disability and shall be served
on the other party to the
proceedings.
(3) The lawyer who files a notice
under subrule (1) shall, not
later than seven days after
filing the notice, apply to the
Court for the appointment of a
next friend or guardian ad
litem.
(4) If the lawyer of a plaintiff with
disability fails to comply with
any of the provisions of subrule
(1), (2) or (3) of this rule,
the defendant may apply to the
Court to dismiss the plaintiff's
action and the lawyer shall be
personally liable to pay any
costs incurred by the defendant
in any proceedings taken in the
suit without a next friend by
the plaintiff after the
disability occurred; provided
that upon an application to
dismiss the plaintiff's action
under this subrule, the Court
instead of dismissing the action
may make an order for the
appointment of a next friend.
(5) If the lawyer of a defendant with
disability fails to comply with
any of the provisions of subrule
(1), (2) or (3) of this rule,
the plaintiff may apply to the
Court to appoint a guardian ad
litem for the defendant and the
lawyer shall personally be
liable to pay any costs incurred
by the plaintiff in any
proceedings taken in the action
without a guardian ad litem
after the defendant suffered the
disability.
Rule 5—Default of Appearance by Person
with Disability
(1) Where a defendant who is a person
with disability is served with a
writ but no appearance is filed
on the defendant's behalf within
the time limited for appearance,
the plaintiff shall apply to the
Court for an order that a proper
person be appointed guardian ad
litem for the person with
disability, and until the
appointment, there shall be no
further proceedings in the
action.
(2) An application for the appointment
of a guardian ad litem shall be
made by the defendant or the
person who serves a third party
notice in the action
(a) where a person with disability who
is not already a party to an
action is served with a defence
and counterclaim but no
appearance is filed on the
person's behalf; and
(b) where a third party notice is
served on a person with
disability who is not already a
party to the action but no
appearance is filed on behalf of
the person with disability.
(3) At any stage of proceedings in any
cause or matter, of which notice
has been served on a person with
disability, the Court may, if no
appearance is filed for that
person, appoint a guardian ad
litem for that person in the
cause or matter or direct that
an application be made for the
appointment of such a guardian.
(4) An application under this rule for
the appointment of a guardian ad
litem shall be supported by an
affidavit or other evidence
which states
(a) that the person to whom the
application relates is with
disability;
(b) that the person proposed as
guardian ad litem is willing and
a proper person to act as such
and has no interest in the cause
or matter adverse to that of the
person with disability;
(c) that the writ, defence and
counterclaim or third party
notice as the case may be was
duly served on the person with
disability; and
(d) subject to subrule (5), that
notice of the application was
served on the person with
disability after the expiration
of the time limited for
appearance and at least seven
days before the day stated in
the notice for hearing the
application.
(5) The Court may direct that notice
of an application for the
appointment of a guardian ad
litem under this rule need not
be served on the person with
disability.
Rule 6—Application to Discharge or
Vary Certain Orders
An application to the Court on behalf
of a person with disability
served with an order made
ex-parte under Order 4 rule 6,
for the discharge or variation
of the order shall be made
(a) within fourteen days after service
of the order if a next friend or
guardian ad litem is acting for
the person with disability; or
(b) within fourteen days after the
appointment of such a friend or
guardian to act for the person
with disability if there is no
next friend or guardian ad litem
acting for that person in the
cause or matter.
Rule 7—Admission by Person with
Disability not to be Implied
from Pleading
Notwithstanding any other provision in
these Rules, a person with
disability shall not be taken as
admitting the truth of any
allegation made in the pleading
of the opposite party by reason
only that the person with
disability has not traversed it
in his or her own pleadings.
Rule 8—Compromise or Settlement by
Person with Disability
(1) Where before any proceedings are
begun in which a claim is made
by or on behalf of a person with
disability, whether alone or
jointly with any other person,
an agreement is reached for the
settlement or compromise of the
claim, an application shall be
made to the Court for the
approval of the settlement or
compromise and the Court may
make an order approving the
settlement and give directions
for carrying out the settlement
or alternatively for the further
prosecution of the claim.
(2) No settlement, compromise or
payment and no acceptance of
money paid into court, whenever
entered into or made, shall be
valid in so far as it relates to
a person with disability, unless
it is approved by the Court.
(3) Where in any proceedings
(a) money is recovered by or on behalf
of, or adjudged or ordered or
agreed to be paid to, or for the
benefit of, a person with
disability; or
(b) money paid into court is accepted
by or on behalf of a person with
disability,
the money shall be dealt with in
accordance with the directions
of the Court.
(4) The Court may give directions as
to
(a) how the money is to be applied or
dealt with; and
(b) the payment of any sum to any
person or to a next friend or
guardian ad litem in respect of
moneys paid or expenses incurred
for and on behalf of the person
with disability or for the
benefit of the person with
disability or to the lawyer of
the person with disability.
(5) The Court may in giving
directions, order that the whole
of the money or part of it shall
be invested in such manner as
the Court thinks fit and may
consider any proposal for
investment submitted by or on
behalf of the person with
disability.
(6) Where money is invested by order
of the Court under subrule (5)
the money shall be held and
applied or otherwise dealt with
for the person with disability
as the Court may from time to
time direct.
(7) Where in pursuance of directions
given under this rule, money is
paid into court to be invested
or otherwise dealt with, the
money, including any interest on
it shall not be paid out, nor
shall any securities in which
the money is invested be sold or
transferred or the dividend on
it be paid or the money be paid
out of court except by order of
the Court.
Rule 9—Service of Documents on Persons
with Disability
(1) Where in any cause or matter a
document is required to be
served personally and the person
on whom it is to be served is
with disability, the document
shall be deemed to have been
duly served if served on the
father or mother or guardian of
the person with disability or
the person with whom the person
with disability resides or under
whose care the person with
disability is.
(2) Notwithstanding anything in
subrule (1), the Court may order
that a document which has been
or is to be served on a person
with disability or on a person
other than a person mentioned in
that subrule shall be deemed to
be duly served if served on the
person with disability.
(3) Notwithstanding anything in these
Rules, a judgment or order that
requires a person to do or
refrain from doing any act, a
notice or application for the
committal of any person, and a
writ of subpoena against any
person, shall, if that person is
with disability, be served
personally on that person,
unless the Court otherwise
orders.
(4) Subrule (3) shall not apply to an
order for interrogatories or for
the discovery or inspection of
documents.
ORDER 6—ACTIONS BY AND AGAINST
PARTNERS
Rule 1—Actions by and against Firms
within the Jurisdiction
Subject to the provisions of any
enactment, any two or more
persons claiming to be entitled,
or alleged to be liable as
partners in respect of a cause
of action and carrying on
business within the
jurisdiction, may sue and be
sued in the name of the firm of
which they were partners at the
time when the cause of action
accrued.
Rule 2—Disclosure of Partners' Names
(1) Any defendant in an action brought
by partners in the name of a
firm may serve on the plaintiffs
or their lawyer a notice
requiring them or their lawyer
forthwith to give the defendant
a written statement of the names
and places of residence of all
the persons who were partners in
the firm at the time when the
cause of action accrued; and if
the notice is not complied with,
the Court may order the
plaintiffs or their lawyer to
give the defendant such a
statement and to verify it on
oath or otherwise as may be
specified in the order or may
order that further proceedings
in the action be stayed on such
terms as the Court may direct.
(2) When the names of the partners
have been declared in compliance
with a notice or order given or
made under subrule (1), the
proceedings shall continue in
the name of the firm but with
the same consequences as would
have ensued if the persons whose
names have been so declared had
been named as plaintiff's in the
writ.
(3) Subrule (1) shall have effect in
relation to an action brought
against partners in the name of
a firm as it has effect in
relation to an action brought by
partners in the name of a firm
but with the substitution, for
references to the defendant and
the plaintiffs, of references to
the plaintiff and the defendants
respectively.
Rule 3—Service of Writ
(1) Where by virtue of rule 1 partners
are sued in the name of a firm,
the writ may, except as
specified in subrule (2), be
served
(a) on any one or more of the
partners; or
(b) at the principal place of business
of the partnership within the
jurisdiction on any person who
has at the time of service the
control or management of the
partnership business there.
(2) Where service of the writ is
effected in accordance with
subrule (1), the writ shall be
deemed to have been duly served
on the firm, whether any member
of the firm is out of the
jurisdiction or not.
(3) Where a partnership has, to the
knowledge of the plaintiff been
dissolved before an action
against the firm is begun, the
writ by which the action is
begun shall be served on every
person within the jurisdiction
sought to be made liable in the
action.
(4) Every person on whom a writ is
served under subrule (1) shall
at the time of service be given
a written notice as in Form 2 in
the Schedule stating whether the
person is served as a partner or
as a person who has the control
or management of the partnership
business or both as a partner
and as such a person; and any
person on whom a writ is served
but to whom no such notice is
given shall be deemed to be
served as a partner.
Rule 4—Filing of Appearance
(1) Where persons are sued as partners
in the name of their firm,
appearance may not be filed in
the name of the firm but only by
the partners in their own names,
but the action shall
nevertheless continue in the
name of the firm.
(2) Where in an action against a firm
the writ by which the action is
begun is served on a person as
partner and the person denies
that he or she was a partner or
liable as such at any material
time, the person may file
appearance in the action and
state in the notice of
appearance that he or she does
so as a person served as a
partner in the defendant firm
but denies having been a partner
at any material time.
(3) Where appearance has been filed
for a defendant in accordance
with subrule (2), the defendant
may within fourteen days of
filing appearance either apply
to the Court to set aside the
service of the writ on the
defendant, on the ground that
the defendant was not a partner
or liable as such at any
material time or may at the
proper time serve a defence to
the plaintiff's claim.
(4) The Court may, at any stage of the
proceedings in an action in
which a defendant has filed
appearance in accordance with
subrule (2), on the application
of the plaintiff or of the
defendant, order that the issue
as to the liabiility of the
defendant firm be tried in such
manner and at such time as the
Court directs.
(5) Where in an action against a firm
the writ is served on a person
as one who has the control or
management of the firm, the
person may not file appearance
in the action unless the person
is a member of the firm sued.
Rule 5—Enforcing Judgment or Order
against a Firm
(1) Where a judgment is given or an
order is made against a firm,
execution of the judgment or
order may, subject to rule 6,
issue against any property of
the firm within the
jurisdiction.
(2) Where a judgment is given or an
order is made against a firm,
execution of the judgment or
order may, subject to rule 6 and
subrule (3) of this rule, issue
against any person who
(a) filed an appearance in the action
as a partner;
(b) having been served as a partner
with the writ, failed to file
appearance in the action;
(c) admitted in that person's pleading
that, that person is a partner;
or
(d) was adjudged to be a partner.
(3) Execution of a judgment or order
given or made against a firm may
not issue against a member of
the firm who was out of the
jurisdiction when the writ of
summons was issued unless that
member
(a) filed appearance in the action as
a partner; or
(b) was served within the jurisdiction
with the writ as a partner; or
(c) was, with leave of the Court given
under Order 8, served out of the
jurisdiction with notice of the
writ as a partner;
and except as provided by subrule (1)
and this subrule, a judgment or
order given or made against a
firm shall not render liable or
release or otherwise affect a
member of the firm who was out
of the jurisdiction when the
writ was issued.
(4) Where a party who has obtained a
judgment or order against a firm
claims that a person is liable
to satisfy the judgment or order
as being a member of the firm,
and the foregoing provisions of
this rule do not apply in
relation to that person, that
party may apply to the Court for
leave to issue execution against
that person, and notice of the
application shall be served
personally on that person.
(5) Where the person against whom an
application under subrule (4) is
made does not dispute liability,
the Court hearing the
application may, subject to
subrule (3), give leave to issue
execution against the person,
and, where the person disputes
liability, the Court may order
that the issue or question of
liability be tried and
determined in any manner in
which any issue or question in
an action may be tried and
determined.
Rule 6—Enforcement in Actions between
Partners
(1) Execution of a judgment or order
given or made in
(a) an action by a firm in the name of
the firm against a member of the
firm;
(b) an action against a firm in the
name of the firm by a member of
the firm; or
(c) an action by a firm in the name of
the firm against another firm in
the name of that firm where
those firms have one or more
members in common,
shall not issue except with leave of
the Court.
(2) The Court hearing an application
under this rule may give such
directions, including directions
as to the taking of accounts and
the making of inquiries, as may
be just.
Rule 7—Attachment of Debts Owed by a
Firm
(1) An order may be made under Order
46 rule 1 in relation to debts
due to or accruing from a firm
carrying on business within the
jurisdiction notwithstanding
that one or more members of the
firm are resident out of the
jurisdiction.
(2) An order to show cause under Order
46 rule 1 relating to such debts
shall be served on a member of
the firm within the jurisdiction
or on some other person who has
the control or management of the
partnership business.
(3) Where an order made under Order 46
rule 1 requires a firm to appear
before the Court, an appearance
by a member of the firm
constitutes sufficient
compliance with the order.
Rule 8—Person Carrying on Business in
Another Name
An individual carrying on business
within the jurisdiction in a
name or style other than in that
individual's own name, may be
sued in that name or style as if
it were the name of a firm, and
rules 2 to 7 shall, as far as
applicable, apply as if the
individual were a partner and
the name in which he or she
carries on business were the
name of his or her firm.
Rule 9—Application for Order Charging
Partner's Interest
(1) Notice of every application to the
Court by a judgment creditor of
a partner for an order under
section 20 of the Incorporated
Private Partnerships Act, 1962
(Act 152), and every order made
on such an application shall be
served on the judgment debtor
and on such of the debtor's
partners as are within the
jurisdiction.
(2) Notice of every application to the
Court by a partner of the
judgment debtor made in
consequence of the
first-mentioned application, and
every order made on such an
application, shall be served on
(a) the judgment creditor;
(b) the judgment debtor; and
(c) such of the other partners of the
judgment debtor as do not join
in the application and are
within the jurisdiction.
(3) Notice of an application, or an
order, served in accordance with
this rule on some of the
partners of a partnership shall
be deemed to have been served on
all the partners of the
partnership.
ORDER 7—SERVICE OF PROCESS GENERALLY
Rule 1—Person to Serve a Document
A document which is required to be
served on a person shall be
served by a bailiff of the Court
or a process server registered
with the Court; but a party may
direct the service.
Rule 2—Personal Service
(1) A document which is required to be
served on a person shall be
served personally unless the
express provisions of these
Rules otherwise provide or the
Court otherwise directs.
(2) This rules shall not affect the
power of the Court under any
provision of these Rules to
dispense with the requirement of
personal service.
Rule 3—How Personal Service is
Effected
(1) Personal service of a document
shall be effected by leaving a
duplicate or attested copy of
the document with the person to
be served.
(2) Where personal service of a
document on any person is
hindered by the violence or
threats or other acts of
obstruction of that person or of
any other person with or under
that person, it shall be
sufficient for the person
effecting service to leave it as
near that person as may be
practicable.
Rule 4—Documents not Served Personally
(1) Service of a document not required
to be served personally may be
effected
(a) by leaving it at the proper
address of the person to be
served; or
(b) by sending it by registered post
bearing a return address and
addressed to the person to be
served at the address of the
person; or
(c) in such other manner as the Court
may direct.
(2) For the purpose of this rule, the
proper address of a person on
whom a document is to be served
shall be the address provided by
the person, but if at the time
when service is effected the
person has no address for
service, the proper address of
the person shall be
(a) in the case of an individual, his
or her usual or last known place
of residence or business; or
(b) in the case of individuals who are
suing or being sued in the name
of a firm, the principal or last
known place of business of the
firm in this country; or
(c) in the case of a body corporate,
its registered or principal
office; or
(d) in any other case, the business
address of any lawyer who is
acting for the person in the
cause or matter in connection
with which the document is to be
served.
(3) Nothing in this rule shall be
taken as prohibiting the
personal service of any
documents or as affecting any
enactment which provides for any
other manner in which documents
may be served on bodies
corporate.
Rule 5—Service on Particular Persons
(1) Service of a document on a body
corporate may, in cases for
which provision is not otherwise
made by any enactment, be
effected by serving it on the
chairman, president, or other
head of the body, or on the
managing director, secretary,
treasurer or other similar
officer of it.
(2) Service of a document on a stool
or skin may be effected by
serving it
(a) on the occupant of that stool or
skin or on any secretary, clerk
or linguist of that stool or
skin; or
(b) where the stool or skin is vacant,
on the regent or caretaker of
that stool or skin.
(3) Service of a document on a family
as constituted by customary law
may be effected by serving it
(a) on the head of the family; or
(b) on any member of the family who
is, or is acting as caretaker of
any property of that family or
on any person who is a principal
member of the family.
(4) Service of a document on a person
who is in prison or detention
may be effected by serving it on
any person apparently in charge
of the prison or place or
detention, or, if access cannot
be readily had to the person
apparently in charge of the
prison or place of detention,
then on any warder, guard or
similar officer of that prison
or place of detention.
(5) Service on a Minister of State in
his or her capacity as such or a
Ministry or Government
Department may be effected by
serving it on the administrative
head of that Ministry or that
Department.
(6) Service of a document on a person
under disability may be effected
in accordance with Order 5 rule
9.
Rule 6—Substituted Service
(1) If a document is required to be
served personally on any person
and it appears to the Court
(a) that three or more attempts have
been made without success to
effect personal service, and
that any further attempt to
effect personal service may
result in undue delay; or
(b) that it is otherwise impracticable
for any reason to serve the
document personally, the Court
may make an order for
substituted service of that
document.
(2) An application for an order for
substituted service shall be
made ex-parte and shall be
supported by an affidavit
stating the facts on which the
application is founded.
(3) Substituted service of a document
in relation to which an order is
made under this rule, is
effected by taking such steps as
the Court may direct to bring
the document to the notice of
the person to be served.
(4) Without prejudice to the
generality of subrule (3), the
Court may direct substituted
service to be effected in any of
the following ways
(a) by service in accordance with rule
4 of this Order; or
(b) by delivery of the document to an
agent of the person to be served
or some other person, if there
is reasonable ground to believe
that the document will through
that person, come to the
knowledge of the person to be
served; or
(c) by sending the document by
registered post addressed to the
person to be served at an
address to be specified in the
affidavit made under rule 9 (2)
at which there is reasonable
ground to believe that it will
reach the person; or
(d) by notice put up at the Court or
some other public place in the
Region in which the cause or
matter is commenced or at the
usual or last known place of
residence or business of the
person to be served; or
(e) by advertisement in the media
within the jurisdiction of the
Court.
(5) An order for substituted service
may be varied at any time with
respect to the method of service
directed by the order.
Rule 7—When Personal Service is not
Required
Where by virtue of these Rules a
document is required to be
served on any person but is not
required to be served
personally, and at the time when
service is to be effected that
person is in default as to entry
of appearance or has no address
for service, the document need
not be served on the person
unless the Court otherwise
directs or any of these Rules
otherwise provides.
Rule 8—Computation of Time for Service
(1) Subject to subrules (2) and (3),
computation of any period of
time after service of a document
shall commence on the day on
which service is effected.
(2) Any document which is served under
rule 3 (1) of this Order on a
day on which the courts are
closed for business shall, for
the purpose of computing any
period of time after service of
that document, be deemed to have
been served on the first
available working day.
(3) A document which in accordance
with rule 4 (1) (b) or 6 (4) (c)
is sent by registered post to
the person to be served at that
person's proper address and
which is not returned by the
post office as undelivered
shall, for the purpose of
computing any period of time
after service of that document,
be deemed to have been served on
that person twenty-one days
after the day of posting that
letter.
Rule 9—Affidavit of Service
(1) Subject to subrule (2), an
affidavit of service of a
document must state by and on
whom the document was served,
the day of the week and the date
and the hour on which it was
served, where served and how.
(2) An affidavit of service of a
document sent by registered post
in accordance with rule 4 (1)
(b) or rule 6 (4) (c), shall
state by whom the document was
posted, the registered number of
the letter and the name of the
person to whom the document was
posted and the address to which
the document was posted; and the
certificate of posting issued by
the post office shall be
exhibited with the affidavit.
(3) An affidavit of service signed by
the person who effects service
shall, on production without
proof of signature, be prima
facie evidence of service.
Rule 10—Bailiff to Compare Copy with
Original
When a bailiff or a process server
duly registered with the Court
receives a document for service,
the person shall compare the
copy or duplicate for service
with the original, so as to
enable him or her prove that the
copy or duplicate is a correct
copy of the original.
Rule 11—Record and Proof of Service by
Bailiff
(1) A Process Book, in such form as
the Judicial Secretary may
direct, shall be kept at every
Court for recording service of
process by bailiffs and process
servers.
(2) Every entry in a Process Book or
an office copy of it shall be
prima facie evidence of the
matters stated in it.
Rule 12—Service of Writ
(1) Subject to these Rules and any
other enactments, a writ shall
be served separately on each
defendant.
(2) Where a lawyer undertakes in
writing to accept service of a
writ on behalf of a defendant,
the writ shall be deemed to have
been duly served on that
defendant when served on the
lawyer.
(3) Where a writ is not duly served on
a defendant but the defendant
files an unconditional
appearance, the writ shall be
deemed to have been duly served
on the defendant and to have
been served on the date on which
the defendant filed the
appearance.
(4) Where a writ is duly served on a
defendant other than by virtue
of subrule (2) or (3), then
until the person serving it
indorses on it the date on which
it is served, the person on whom
it is served and where the
person is not the defendant, the
capacity in which the person is
served, the plaintiff shall not
be entitled to enter any
judgment against that defendant
in default of appearance or in
default of defence.
Rule 13—Service of Writ on Agent of
Principal outside Ghana
(1) Where the Court is satisfied on an
ex-parte application
(a) that a contract has been entered
into in Ghana with or through an
agent who resides or carries on
business in Ghana or a body
corporate that has its
registered office or place of
business in Ghana; and
(b) that the principal for whom the
agent was acting at the time the
contract was entered into was
neither a person residing nor
carrying on business in Ghana or
a corporate body having a
registered office or place of
business in Ghana; and
(c) that at the time of the
application
(i) the agent's authority has not been
revoked; or
(ii) the agent is still in business
relation with the principal,
the Court may make an order
authorising service of the writ
beginning an action relating to
the contract, to be effected on
the agent instead of the
principal.
(2) An order under subrule (1)
authorising service on a
defendant's agent shall state a
time within which the defendant
shall file appearance.
(3) A copy of the order and of the
writ shall be sent by registered
post to the defendant at the
address of the defendant outside
Ghana if known.
Rule 14—Service of Writ in Pursuance
of a Contract
Where
(a) a contract contains a term to the
effect that the Court shall have
jurisdiction to hear and
determine any action in respect
of the contract or, apart from
any such term, the Court has
jurisdiction to hear and
determine any such action; and
(b) the contract provides that in the
event of any action in respect
of the contract being commenced
the process by which it is
commenced may be served on the
defendant or on any other person
on behalf of the defendant as
may be specified in the contract
or in such manner or at such
place, whether in or outside
Ghana, as may be so specified,
then, if an action in respect of the
contract is commenced and the
writ is served in accordance
with the contract, the writ
shall, subject to Order 8, be
deemed to have been duly served
on the defendant.
Rule 15—Service of Writ in Certain
Cases Relating to Land
Where a writ is indorsed with a claim
for the possession of immovable
property and the Court is
satisfied on an ex-parte
application that no person
appears to be in possession of
that property, the Court may
(a) if satisfied that service cannot
be otherwise effected on any
defendant, authorise service on
that defendant to be effected by
affixing a copy of the writ on a
conspicuous part of the
immovable property; and
(b) if satisfied that service could
not otherwise have been effected
on any defendant, order that
service already effected by
affixing a copy of the writ on
such conspicuous part of the
immovable property shall be
treated as good service on that
defendant.
ORDER 8—SERVICE OUT OF JURISDICTION
Rule 1—Notice of a Writ or other
Processes may be Served out of
Jurisdiction
(1) No writ shall be served out of the
jurisdiction.
(2) Notwithstanding subrule (1),
notice of a writ as in Form 3 in
the Schedule may be served out
of the jurisdiction with leave
of the Court.
Rule 2—Application to be Supported by
Affidavit
(1) An application for the grant of
leave under rule 1 (2) shall be
supported by an affidavit
stating the grounds on which the
application is made and stating
that in the deponent's belief,
the plaintiff has a good cause
of action, and showing in what
place or country the defendant
is or may probably be found.
(2) No such leave shall be granted
unless it is made sufficiently
to appear to the Court
(a) that the case is a proper one for
service out of the jurisdiction;
and
(b) that the case falls within one of
the provisions of rule 3.
Rule 3—Cases where Leave may be
Granted
(1) Service out of the jurisdiction of
notice of a writ may be effected
with leave of the Court in the
following cases
(a) if the whole subject-matter of the
action begun by the writ is
immovable property situate
within the jurisdiction (with or
without rents or profits) or the
perpetuation of testimony
relating to any such property;
(b) if an act, deed, will, contract,
obligation or liability
affecting immovable property
situate within the jurisdiction
is sought to be construed,
rectified, set aside or enforced
in the action begun by the writ;
(c) if in the action begun by the writ
relief is sought against a
person domiciled or ordinarily
resident within the
jurisdiction;
(d) if the action begun by the writ is
for the administration of the
estate of a person who died
domiciled within the
jurisdiction or for any relief
or remedy which might be
obtained in any such action;
(e) if the action begun by the writ is
for the execution, as to
property situated within the
jurisdiction, of the trusts of a
written instrument, being trusts
that ought to be executed
according to the laws of this
country and of which the person
to be served with the writ is a
trustee, or for any relief or
remedy which might be obtained
in any such action;
(f) if the action begun by the writ is
brought against a defendant not
domiciled or ordinarily resident
within the jurisdiction to
enforce, rescind, dissolve,
annual or otherwise affect a
contract, or to recover damages
or obtain other relief in
respect of the breach of a
contract which.
(i) was made within the jurisdiction;
or
(ii) was made by or through an agent
trading or residing within the
jurisdiction on bahalf of a
principal trading or residing
out of the jurisdiction; or
(iii) is by its terms, or by
implication governed by the laws
of this country;
(g) if the action begun by the writ is
brought against a defendant not
domiciled or ordinarily resident
within the jurisdiction, in
respect of a breach
(i) committed within the jurisdiction
of a contract made within or out
of the jurisdiction; and
(ii) notwithstanding the fact that the
breach is preceded or
accompanied by a breach
committed out of the
jurisdiction that renders
impossible the performance of so
much of the contract as ought to
have been performed within the
jurisdiction;
(h) if the action begun by the writ is
founded on a tort committed
within the jurisdiction;
(i) if in the action begun by the
writ, an injunction is sought
that orders the defendant to do
or refrain from doing anything
within the jurisdiction (whether
or not damages are also claimed
in respect of a failure to do or
the doing of that thing);
(j) if the action begun by the writ is
properly brought against a
person duly served within the
jurisdiction, but a person out
of the jurisdiction is a
necessary or proper party to it;
(k) if the action begun by the writ is
by a mortgagee of immovable
property situated within the
jurisdiction and seeks the sale
of the property, foreclosure of
the mortgage or delivery by the
mortgagor of possession of the
property but not an order for
payment of any moneys due under
the mortgage;
(l) if the action begun by the writ is
by a mortgagor of immovable
property situate within the
jurisdiction and seeks
redemption of the mortgage,
discharge of the mortgage or
delivery by the mortgagee of
possession of the property but
not a personal judgment; or
(m) if the action begun by the writ is
in respect of a contract which
contains a term to the effect
that the Court shall have
jurisdiction to hear and
determine any action in respect
of the contract.
(2) In this rule, "mortgage" includes
a charge or lien; "mortgagee"
means a person entitled to or
interested in a mortgage; and
"mortgagor" means a person
entitled to or interested in
property subject to a mortgage.
Rule 4—Order Granting Leave to Fix
Time for Appearance
An order granting leave to serve
notice of a writ out of the
jurisdiction shall provide a
time limit within which the
defendant to be served shall
file appearance.
Rule 5—Methods of Service
(1) Subject to this rule and to rule 9
of this Order, Order 7 rules 12
and 15 shall apply to the
service of notice of a writ out
of the jurisdiction.
(2) Nothing in this rule or in any
order or direction of the Court
made by virtue of it shall
authorise or require the doing
of anything in a country in
which service is to be effected
which is contrary to the laws of
that country.
(3) Notice of a writ which is to be
served out of the jurisdiction,
(a) need not be served personally on
the person required to be served
so long as it is served on the
person in accordance with the
laws of the country in which
service is effected; and
(b) need not be served by the
plaintiff or the agent of the
plaintiff if it is served by a
method provided for in rule 6.
Rule 6—Authorities to Effect Service
(1) Where by these Rules notice of a
writ is to be served on a
defendant in a country with
respect to which there exists a
Civil Procedure Convention that
provides for service in that
country of process of the Court
(in this Order referred to as
"as a Convention"), the notice
may be served
(a) through the judicial authorities
of that country; or
(b) through a Ghana consul in that
country subject to any provision
of a Convention as to the
nationality of persons who may
be so served.
(2) Where by these Rules notice of a
writ is to be served on a
defendant in a country with
respect to which a Convention
does not exist, the notice may
be served
(a) through the Government of that
country, where that Government
is willing to effect service; or
(b) through a Ghana consul in that
country, except where service
through such an authority is
contrary to the laws of that
country.
Rule 7—Documents to be Lodged
(1) Where leave is granted to serve
notice of a writ out of the
jurisdiction, the person who
requires the service shall lodge
in the registry
(a) a request for service abroad, as
in Form 4 in the Schedule;
(b) the document to be served, and a
translation of it in the
official language of the country
in which service is to be
effected, certified by the
person making it to be a correct
translation; and
(c) a copy of the document and a
translation of it for each
person to be served.
(2) Where a Convention exists with
respect to the country in which
service is to be effected, the
request for service abroad shall
specify whether service is to be
effected through the judicial
authority of that country or
through a Ghana consul in that
country.
(3) Where a Convention does not exist
with respect to that country,
the request for service abroad
shall specify whether service is
to be effected through the
Government of that country or
through a Ghana consul in that
country.
(4) Every request lodge under this
rule shall contain an
undertaking by the person making
the request to be personally
responsible for all expenses
incurred by the Minister for
Foreign Affairs in respect of
the service requested and, on
receiving due notification of
the amount of those expenses, to
pay that amount to the Registrar
for transmission to the Minister
for Foreign Affairs.
(5) A translation need not be lodged
under subrule (1) if the
official language of the country
concerned is English or if the
document is to be served by a
Ghana consul unless by the terms
of a Convention such a
translation is required.
Rule 8—Sending of Documents
Documents duly lodged under rule 7
shall be sealed with the seal of
the High Court, and the
Registrar shall forward them to
the Minister for Foreign Affairs
with a request that the Minister
arranges for the notice of the
writ to be served by the method
indicated in the request lodged
under rule 7 or, where
alternative methods are
indicated, by the most
convenient of the methods.
Rule 9—Evidence of Service
(1) Where a document has been sent to
another country in pursuance of
rule 8, an official certificate
sent to the Court by the
Government or judicial authority
of that country or by a Ghana
consul in that country, and
stating that the document has
been served on the person
personally or in accordance with
the laws of that country on a
specified date, shall be
evidence of the facts so stated.
(2) A document purporting to be such
certificate shall, until the
contrary is proved, be deemed to
be such certificate.
(3) Where a certificate is produced in
relation to the service of a
document under this Order, Order
7 rule 12(4) shall not apply in
relation to that service.
Rule 10—Service of Notices or
Proceedings
(1) Service out of the jurisdiction of
any notice or order given or
made in any cause or matter may
be effected with leave of the
Court.
(2) Rule 2 of this Order shall, as far
as applicable, apply to an
application for the grant of
leave under this rule as it
applies to an application for
the grant of leave under rule 1
(2) of this Order.
(3) Rules 5 to 9 of this Order shall
apply to any document in respect
of which leave has been granted
for service out of the
jurisdiction under this rule as
they apply to a notice of a
writ.
(4) Where a person is to be served
with a document under this rule,
a copy shall be served on the
person, together with an
intimation in writing that a
process in the form of the copy
has been issued or otherwise
initiated.
Rule 11—Service by Airmail
The Court, in giving leave to serve a
document out of the jurisdiction
under this Order, may in an
appropriate case direct that
airmail shall be used by the
party effecting the service.
ORDER 9—APPEARANCE
Rule 1—Who may File Appearance
(1) Subject to Order 5 rule 1 of these
Rules a defendant to an action
may, whether or not the
defendant is sued in a personal
capacity or as a trustee or as a
personal representative or in
any other representative
capacity, file appearance in the
action and defend it in person
or by a lawyer.
(2) The residential and occupational
address of the defendant shall
be stated on the appearance
whether the defendant defends in
person or by a lawyer and
whether this is stated on the
writ or not.
(3) Where the defendant defaults in
stating the defendant's
residential and occupational
address on the appearance form
the plaintiff may apply to the
court on notice to compel the
defendant to do so and the cost
involved shall be borne by the
defendant and where the
defendant fails to comply with
the Court's order within the
stipulated time, the defendant
shall be considered to have not
entered appearance.
Rule 2—Method of Filing Appearance
(1) Appearance is filed by completing
a notice of appearance in
triplicate in compliance with
the rule 3 of this Order and
handing it in at, or sending it
by post to, the registry
together with two stamped
envelopes, one addressed to the
plaintiff's lawyer or to the
plaintiff, if acting in person,
at the plaintiff's address for
service, and the other addressed
to the defendant filing the
appearance.
(2) If two or more defendants to an
action file appearance by the
same lawyer and at the same
time, only one set of notices in
triplicate need be completed and
delivered for those defendants.
(3) Where persons are sued as partners
in the name of their firm they
shall appear individually in
their own names; but all
subsequent proceedings shall
continue in the name of the
firm.
Rule 3—Contents of Notice
(1) The notice of appearance shall be
as in Form 5 in the Schedule and
shall specify an address for
service which shall be
(a) the defendant's place of residence
in this country or, if the
defendant has no place of
residence, the address of a
place in this country at or to
which documents for the
defendant may be delivered or
sent; and
(b) where the defendant appears by a
lawyer, the business address of
that lawyer in this country.
(2) A notice of appearance shall be
dated on the day on which it is
handed in at, or sent by post to
the registry, and shall be
signed by the defendant if the
defendant appears in person or
by the lawyer of the defendant.
(3) Where the defendant files
appearance by a lawyer who is
acting as agent for another
lawyer who has a place of
business in the country, the
notice of appearance shall state
that the first-named lawyer so
acts and shall also state the
name and address of the other
lawyer.
(4) If the Court is satisfied on
application by the plaintiff
that any address specified in
the notice of appearance is not
genuine, the Court may set aside
the appearance.
Rule 4—Procedure on Receipt of Notice
On the day on which the notice of
appearance in triplicate is
received at the registry, the
Registrar shall
(a) stamp each copy of the notice with
an official stamp showing the
date and time on which it is
received;
(b) enter the appearance in the Cause
Book;
(c) file the first copy of the notice;
(d) send by post or otherwise serve on
the plaintiff or the lawyer of
the plaintiff at the address for
service indorsed on the writ,
the second copy of the notice
and certificate duly stamped;
and
(e) send by post or otherwise return
to the defendant or the
defendant's lawyer the third
copy of the notice duly stamped.
Rule 5—Time Limited for Appearance
In these Rules references to the time
limited for appearance are
references
(a) in the case of a writ served in
the country, to eight days after
the service of the writ or where
that time has been extended by
the Court, within that time as
extended; and
(b) in the case of notice of a writ
served outside the country, to
the time limited by an order of
the Court under Oder 7 rule
13(2) or Order 8 rule 4 or,
where that time has been
extended, to the extended time.
Rule 6—Late Appearance
(1) A defendant may not file
appearance after judgment has
been entered in the action
except with leave of the Court.
(2) Except as provided by subrule (1),
nothing in these Rules shall be
construed as precluding a
defendant from filing appearance
after the time limited for
appearance, but if the defendant
does so the defendant shall not,
unless the Court otherwise
orders, be entitled to serve a
defence or do any other thing
later if the defendant had
appeared within that time.
Rule 7—Conditional Appearance
(1) A defendant may file a conditional
appearance.
(2) A conditional appearance, except
by a person sued as a partner of
a firm in the name of that firm
and served as a partner, is to
be treated for all purposes as
unconditional appearance unless
the defendant applies to the
Court within the time limited
for the purpose, for an order
under rule 8 and the Court makes
an order under that rule.
Rule 8—Application to Set Aside Writ
A defendant may at any time before
filing appearance, or, if the
defendant has filed a
conditional appearance, within
fourteen days after filing
appearance, apply to the Court
for an order to
(a) set aside the writ or service of
the writ;
(b) declare that the writ or notice of
it has not been served on the
defendant; or
(c) discharge any order that gives
leave to serve the notice on the
defendant outside the country.
ORDER 10—DEFAULT OF APPEARANCE
Rule 1—Claim for Liquidated Demand
(1) Where the plaintiff's claim
against a defendant is for a
liquidated demand only, and the
defendant fails to file
appearance, the plaintiff may,
after the time limited for
appearance, apply to enter final
judgment against the defendant
for a sum not exceeding that
claimed by the writ and for
costs, and proceed with action
against other defendants, if
any.
(2) A claim shall not be prevented
from being treated for the
purposes of this rule as a claim
for a liquidated demand, by
reason only that part of the
claim is for interest accruing
after the date of the writ at an
unspecified rate, but any such
rate shall be calculated from
the date of the writ to the date
of entering judgment or final
payment at the same rate as the
prevailing commercial bank rate.
Rule 2—Claim for Unliquidated Demand
Where the plaintiff's claim against a
defendant is for an unliquidated
demand only, and the defendant
fails to file appearance, the
plaintiff may, after the time
limited for appearance, apply to
enter interlocutory judgment
against that defendant for
damages and proceed with the
action against other defendants,
if any.
Rule 3—Claim in Detinue
(1) Where the plaintiff's claim
against a defendant relates to
the detention of goods only, and
the defendant fails to file
appearance, the plaintiff may,
after the time limited for
appearance; apply to enter
judgment against the defendant
(a) for the delivery of the goods or
their value to be assessed and
costs; or
(b) for the delivery of the goods and
costs; or
(c) for the value of the goods to be
assessed and costs
and proceed with the action against
other defendants, if any.
(2) Where the plaintiff enters
interlocutory judgment for
damages under rule 2 or for the
value of goods under this rule,
the Court shall fix the date on
which the damages or value shall
be assessed and direct that
notice of it shall be given to
the defendant against whom the
interlocutory judgment has been
entered.
(3) A defendant who is served with
such a notice is entitled to
attend at the assessment and be
heard on the issue of damages
only.
Rule 4—Claim for Possession of
Immovable Property
(1) Where the plaintiff's claim
against a defendant is for
possession of immovable property
only, and the defendant fails to
file appearance, the plaintiff
may, after the time limited for
appearance, apply for judgment
for possession of the immovable
property and costs as against
the defendant; provided that the
plaintiff may proceed with the
action against other defendants,
if any, who have filed
appearance.
(2) Where there are defendants who
have been sued jointly, judgment
entered under this rule shall
not be inforced against any
defendant unless and until
judgment for possession of the
immovable property has been
entered against all the
defendants.
(3) This rule shall not apply where
possession is claimed by virtue
of a mortgage.
Rule 5—Mixed Claims
Where the plaintiff makes two or more
of the claims to which rules 1
to 4 apply against a defendant,
and there is no other claim, and
the defendant fails to file
appearance, the plaintiff may,
after the time limited for
appearance, apply for judgment
against that defendant in
respect of any such claim as the
plaintiff would be entitled to
apply for under those rules if
that were the only claim made,
and proceed with the action
against the other defendants, if
any.
Rule 6 —Actions not Specifically
Provided for
(1) Where the plaintiff makes a claim
of a description not mentioned
in rules 1 to 4 against a
defendant, and the defendant
fails to file appearance, the
plaintiff may, after the time
limited for appearance and upon
filing an affidavit proving due
service of the writ and
statement of claim on the
defendant, proceed with the
action as if the defendant had
filed appearance.
(2) Where the plaintiff makes a claim
of a description not mentioned
in rules 1 to 4 but because the
defendant satisfies the claim or
complies with the demands or for
any other similar reason it
becomes unnecessary for the
plaintiff to proceed with the
action, then, if the defendant
fails to file appearance, the
plaintiff may, after the time
limited for appearance, apply
for the award of costs against
that defendant.
(3) Notice of an application for leave
to enter judgment under subrule
(2) shall be served on the
defendant against whom it is
sought to enter judgment.
Rule 7—Proof of Service of Writ
(1) Judgment shall not be entered
against a defendant under this
Order unless
(a) the plaintiff files an affidavit
proving due service of the writ
or notice of the writ on the
defendant; or
(b) the plaintiff produces the writ
indorsed by the defendant's
lawyer with a statement that the
lawyer accepts service of the
writ on behalf of the defendant.
(2) Where in an action an application
is made to the Court for an
order affecting a party who has
failed to file appearance, the
applicant shall satisfy the
Court that the party is in
default of appearance.
Rule 8—Setting Aside Judgment
The Court may, on such terms as it
thinks fit, set aside or vary
any judgment entered in
pursuance of this Order.
Rule 9—Moneylender's Actions
(1) In an action brought by a
moneylender or an assignee for
the recovery of money lent by
the moneylender or for the
enforcement of any agreement or
security relating to any such
money, no judgment shall be
given in default of appearance
except by leave of the court.
(2) An application for leave to enter
judgment in such an action shall
be made by notice returnable not
less than three clear days after
service of the notice and after
filing an affidavit of service
of the writ.
(3) At the hearing of the application,
whether the defendant appears in
Court or not, the Court may
(a) exercise the powers of the Court
under the Moneylenders
Ordinance, 1940 (Cap. 176); and
(b) if satisfied by affidavit or
otherwise that notice has been
duly served, give leave to enter
judgment for the whole or part
of the claim; and
(c) as regards any part of the claim
to which leave to enter final
judgment is refused, give such
directions or make such order as
may be necessary for further
proceedings in the action, and
upon such terms as may be
considered just.
Rule 10—Actions on Mortgages
(1) In any action in which the
plaintiff claims any of the
following reliefs:
(a) payment of moneys secured by a
mortgage or charge;
(b) sale of property subject to a
mortgage or charge;
(c) delivery of possession of
mortgaged property to the
mortgagee or person entitled to
the charge by the mortgagor or
person having the property
subject to the charge or by any
other person in, or alleged to
be in possession of the
property;
(d) redemption of property subject to
a mortgage or charge;
(e) discharge of a mortgage; or
(f) delivery of possession of a
mortgaged property by a
mortgagee,
judgment shall not be entered in
default of appearance except by
leave of the Court.
(2) The Court may require the
application for leave to be
supported by evidence which
entitles the applicant to relief
and may direct that notice of
the application shall be given
to the defendant and to such
other person as the Court may
consider proper.
ORDER 11—PLEADINGS
Rule 1—Service of Statement of Claim
(1) The plaintiff shall serve a
statement of claim on each
defendant at the same time as
the writ or notice of the writ
is served on that defendant.
(2) Where the plaintiff fails to serve
a statement of claim on a
defendant, that defendant may
apply to the Court for an order
to dismiss the action, and the
Court may by order dismiss the
action or make such other order
on such terms as it considers
just.
Rule 2—Service of Defence
(1) A defendant who files appearance
and intends to defend the action
shall, unless the Court gives
leave to the contrary, file a
defence for service on the
plaintiff before the expiration
of fourteen days after the time
limited for appearance.
(2) Where notice of an application for
summary judgment under Order 14
is served on a defendant before
the defendant files a defence,
subrule (1) shall not apply to
that defendant, but if by the
order made on the application
the defendant is given leave to
defend the action, the defendant
shall file a defence for service
on the plaintiff within fourteen
days after the order is made or
within such other period as may
be specified in the order.
Rule 3—Service of Reply
(1) A plaintiff on whom a defence is
served shall file a reply if
that is necessary for compliance
with rule 8, and if no reply is
filed, rule 14(1) shall apply.
(2) A reply to any defence shall be
filed by the plaintiff before
the expiration of seven days
after the service on the
plaintiff of that defence.
Rule 4—Subsequent Pleadings
No pleading subsequent to a reply
shall be filed except with leave
of the Court.
Rule 5—Service of Pleadings during
Long Vacation
Notwithstanding Order 80 rule 2
pleadings may be filed during
the Long Vacation.
Rule 6—Formal Requirements of
Pleadings
(1) Every pleading in an action shall
bear on its face
(a) the year in which the writ in the
action was issued and the number
of the action;
(b) the title of the action;
(c) the Court, the Region and the town
to which the action is assigned;
(d) the description of the pleading;
and
(e) the time and date when it was
filed.
(2) Every pleading shall, if
necessary, be divided into
paragraphs numbered
consecutively, each allegation
being so far as convenient
contained in a separate
paragraph.
(3) Dates, sums and other numbers may
be expressed in a pleading in
figures or in words or both.
(4) Every pleading of a party shall be
indorsed
(a) where the party sues or defends in
person with the name and address
of the person; or
(b) in any other case, with the name
or firm and business address of
the lawyer by whom it is issued
and where the lawyer is the
agent of another, the name or
firm and business address of the
lawyer's principal.
(5) Every pleading of a party shall be
signed by a lawyer, if settled
by the lawyer, and, if not, by
the party.
Rule 7—Facts not Evidence to be
Pleaded
(1) Subject to this rule, and rules 10
to 12, every pleading shall
contain only a statement in a
summary form of the material
facts on which the party
pleading relies for the claim or
defence, but not the evidence by
which those facts are to be
proved, and the statement shall
be as brief as the nature of the
case admits.
(2) Without prejudice to subrule (1),
the effect of any document or
the purport of any conversation
referred to in the pleading
shall, if material, be briefly
stated, and the precise words of
the document or conversation
shall not be stated, except in
so far as those words are
themselves material.
(3) A party need not plead any fact if
it is presumed by law to be true
or the burden of disproving it
lies on the other party, unless
the other party has specifically
denied it in that party's
pleading.
(4) A statement that a thing has been
done or that an event has
occurred, which is a thing or
event the doing or occurrence of
which constitutes a necessary
condition precedent for the case
of a party is to be implied in
the party's pleading.
Rule 8—Matters to be Specifically
Pleaded
(1) A party shall in any pleading
subsequent to a statement of
claim plead specifically any
matter, for example,
performance, release, any
limitation provision, fraud or
any fact showing illegality
(a) which the party alleges makes any
claim or defence of the opposite
party not maintainable; or
(b) which, if not specifically
pleaded, might take the opposite
party by surprise; or
(c) which raises issues of fact not
arising out of the preceding
pleading.
(2) Without prejudice to subrule (1),
a defendant to an action for
possession of immovable property
shall plead specifically every
ground of defence on which the
defendant relies, and a plea
that the defendant is in
possession of the immovable
property in person or by a
tenant shall not be sufficient.
Rule 9—New Facts may be Pleaded
Subject to rules 7 (1), 10 and 15(2),
a party may in any pleading
plead any matter which has
arisen at any time, whether
before or after the issue of the
writ.
Rule 10—Departure
(1) A party shall not in any pleading
make any allegation of fact or
raise any new ground or claim,
inconsistent with a previous
pleading made by the party.
(2) Subrule (1) shall not be taken as
limiting the right of a party to
amend or apply for leave to
amend previous pleading of the
party in order to plead
allegations or claims in the
alternative.
Rule 11—Points of Law
(1) A party may in pleading raise any
point of law.
(2) Where the party pleading relies on
a rule of customary law, the
rule shall be stated in the
pleading with sufficient
particulars to show the nature
and effect of the rule in
question and the geographical
area and ethnic group to which
it relates.
Rule 12—Particulars of Pleading
(1) Subject to subrule (2), every
pleading shall contain necessary
particulars of any claim,
defence or other matter pleaded
including, but without prejudice
to the generality of the
foregoing words,
(a) particulars of any
misrepresentation, fraud, breach
of trust, wilful default or
undue influence on which the
party pleading relies; and
(b) where a party pleading alleges any
conditions of the mind of any
person, whether of any disorder
or disability of mind or any
malice, fraudulent intention or
other condition of mind, except
knowledge, particulars of the
facts on which the party relies.
(2) Where it is necessary to give
particulars of debt, expenses or
damages and those particulars
exceed pages, they may be set
out in a separate document
referred to in the pleading and
the pleading shall state whether
the document has already been
served and, if so, when, or if
it is to be served with the
pleading.
(3) The Court may order a party to
file particulars of any claim,
defence or other matter stated
in the party's pleading, or in
any affidavit, or a statement of
the nature of the case on which
the party relies, and the order
may be made on such terms as the
Court considers fit.
(4) Where a party alleges as a fact
that person has knowledge or
notice of some fact, matter or
thing, then, without prejudice
to the generality of subrule
(3), the Court may, on such
terms as it considers just,
order that party to file,
(a) where the party alleges knowledge,
particulars of the facts on
which the party relies; and
(b) where the party alleges notice,
particulars of the notice.
(5) An order under this rule shall not
be made before service of the
defence unless, in the opinion
of the Court, the order is
necessary or desirable to enable
the defendant plead or for some
other special reason.
(6) Before applying for an order for
particulars under this rule, a
party may apply to the other
party for such particulars by
letter.
(7) Where the applicant for an order
under this rule does not apply
by letter for the particulars
the applicant requires, the
Court may refuse to make the
order unless it is of the
opinion that there are
sufficient reasons for the
application not having been made
by letter.
Rule 13—Admissions and Denials
(1) Subject to subrule (4) of this
rule, any allegation of fact
made by a party in the party's
pleading shall be deemed to be
admitted by the opposite party
unless it is traversed by that
party in pleading or a joinder
of issue under rule 14 operates
as a denial of it.
(2) A traverse may be made either by a
denial or by a statement of
non-admission and either
expressly or by necessary
implication.
(3) Subject to subrule (4), every
allegation of fact made in a
statement of claim or
conterclaim which the party on
whom it is served does not
intend to admit shall be
specifically traversed by the
party in the party's defence or
defence to counterclaim and a
general statement of
non-admission shall not be a
sufficient traverse of them.
(4) Any allegation that a party has
suffered damage and any
allegation as to the extent of
damage or the amount of damages
shall be deemed to be traversed
unless specifically admitted.
Rule 14—Denial by Joinder of Issue
(1) If there is no reply to a defence,
there shall be a joinder of
issue on that defence.
(2) Subject to subrule (3),
(a) there shall be at the close of
pleadings a joinder of issue on
the pleading last served; and
(b) a party may in the party's
pleading expressly join issue on
the preceding pleading.
(3) There shall be no joinder of issue
on a statement of claim or
counterclaim.
(4) A joinder of issue shall operate
as a denial of every material
allegation of fact made in the
pleading unless, in the case of
an express joinder of issue, any
such allegation is excepted from
the joinder and is stated to be
admitted, in which case the
express joinder of issue
operates as a denial of every
other such allegation.
Rule 15—Statement of Claim
(1) A statement of claim shall state
specifically the relief or
remedy which the plaintiff
claims; but costs need not be
specifically claimed.
(2) A statement of claim shall not
contain any allegation or claim
in respect of a cause of action
unless that cause of action is
mentioned in the writ or arises
from facts which are the same
as, or include or form part of,
facts giving rise to a cause of
action so mentioned; but subject
to that, a plaintiff may in the
plaintiff's statement of claim
alter, modify or extend any
claim made by the plaintiff in
the indorsement of the writ
without amending the
indorsement.
Rule 16—Defence of Tender
Where in any action a defence of
tender before action is pleaded,
the defendant shall pay into
court in accordance with Order
18 the amount alleged to have
been tendered, and the tender
shall not be available as a
defence unless and until payment
into court has been made.
Rule 17—Defence of Set-off
Where a claim by a defendant to a sum
of money (whether of an
ascertained amount or not) is
relied upon as a defence to the
whole or part of a claim made by
the plaintiff, it may be
included in the defence and
set-off against the plaintiff's
claim, whether or not it is also
added as a counterclaim.
Rule 18—Striking out Pleadings
(1) The Court may at any stage of the
proceedings order any pleading
or anything in any pleading to
be struck out on the grounds
that
(a) it discloses no reasonable cause
of action or defence; or
(b) it is scandalous, frivolous or
vexatious; or
(c) it may prejudice, embarrass, or
delay the fair trial of the
action; or
(d) it is otherwise an abuse of the
process of the Court,
and may order the action to be stayed
or dismissed or judgment to be
entered accordingly.
(2) No evidence whatsoever shall be
admissible on an application
under subrule (1) (a).
Rule 19—Close of Pleadings
(1) The pleadings in an action are
closed,
(a) at the expiration of seven days
after service of the reply or,
if there is no reply but only a
defence to a counterclaim, after
service of the defence to
counterclaim; or
(b) if neither a reply nor a defence
to counterclaim is served, at
the expiration of seven days
after service of the defence.
(2) The pleadings in an action are
closed at the time provided by
subrule (1) notwithstanding that
any request or order for
particulars has been made but
has not been complied with at
that time.
ORDER 12—COUNTERCLAIMS
Rule 1—Counterclaim Against Plaintiff
(1) A defendant who alleges that he
has any claim or is entitled to
any relief or remedy against a
plaintiff in an action in
respect of any matter, whenever
and however arising, may,
instead of bringing a separate
action, make a counterclaim in
respect of that matter.
(2) The defendant shall add the
counterclaim to the defence.
Rule 2—Defence to Counterclaim
(1) A plaintiff on whom a defendant
serves a counterclaim shall, if
the plaintiff intends to defend
it, file a defence to the
counterclaim.
(2) Where a plaintiff serves both a
reply and a defence to
counterclaim on any defendant,
the plaintiff shall include them
in the same document.
(3) A defence to counterclaim shall be
filed by the plaintiff before
the expiration of fourteen days
after the service on the
plaintiff of the counterclaim to
which it relates.
Rule 3—Application of Rules of
Pleading
Without prejudice to the general
application of Order 11 to a
counterclaim and a defence to
counterclaim or to any provision
of it which applies to either of
those pleadings specifically
(a) rule 1 of this Order shall apply
to a counterclaim as if it were
a statement of claim and the
defendant making it a plaintiff;
and
(b) Orders 13, 14 and 46 shall, with
the necessary modifications,
apply to a defence to
counterclaim as they apply to a
defence.
Rule 4—Proceedings on Counterclaim
(1) A counterclaim may be proceeded
with although judgment is given
for the plaintiff in the action
or the action is stayed,
discontinued or dismissed.
(2) Where a defendant establishes a
counterclaim against the claim
established by the plaintiff and
there is a balance in favour of
one of the parties, the Court
may give judgment for the
balance, but without prejudice
to the Court's discretion in
respect of costs.
Rule 5—Counterclaim Against Additional
Parties
(1) Where a defendant who makes a
counterclaim against the
plaintiff alleges that any other
person, whether a party to the
action or not, is liable to the
defendant together with the
plaintiff in respect of the
subject-matter of the
counterclaim; or claims against
such other person any relief
relating to or connected with
the original subject-matter of
the action, the defendant may
join that other person as a
party against whom the
counterclaim is made.
(2) Where a defendant joins a person
as a party against whom the
defendant makes a counterclaim,
the defendant shall add that
person's name to the title of
the action and serve that person
a copy of the counterclaim.
(3) Where a copy of the counterclaim
is to be served on a person who
is already a party to the
action, the defendant shall
serve it within the period
within which, under these Rules,
the defendant shall serve on the
plaintiff the defence to which
the counterclaim is added.
(4) Where a copy of the counterclaim
is to be served on a person who
is not already a party to the
action, a copy of the writ and
of the pleadings served in the
action shall be served with the
counterclaim.
(5) The provisions of these Rules
relating to service of process,
filing of appearance and default
of appearance shall apply to the
counterclaim and the proceedings
arising from it as if
(a) the counterclaim were a writ and
statement of claim and the
proceedings arising from it, an
action; and
(b) the party making the counterclaim
were a plaintiff and the party
against whom it is made, a
defendant in that action.
(6) A copy of a counterclaim required
to be served on a person who is
not already a party to the
action shall be indorsed with a
notice addressed to that person
(a) stating the effect of Order 9
rules 1 and 2 as applied to
subrule (4) of this rule;
(b) specifying the registry at which
that person shall file
appearance to the counterclaim;
and
(c) stating that the person may obtain
forms of the requisite documents
from that registry and stating
how the person may do so.
(7) A person on whom a copy of a
counterclaim is served under
subrule (2) shall, if the person
is not already a party to the
action, become a party to it as
from the time of service, with
the same rights in respect of
defence to the counterclaim and
otherwise as if the person had
been duly sued in the ordinary
way by the person making the
counterclaim.
(8) A person who is not already a
party to the action shall file
appearance to the counterclaim.
Rule 6—Joinder of Causes of Action
(1) A defendant may in one
counterclaim, claim relief
against the same plaintiff in
respect of more than one cause
of action where
(a) the plaintiff is alleged to be
liable in the same capacity in
respect of all the causes of
action; or
(b) the plaintiff is alleged to be
liable in the capacity of
executor or administrator of an
estate or successor under
customary law in respect of one
or more of the causes of action
and in the plaintiff's personal
capacity but with reference to
the same estate with respect to
all the others; or
(c) the Court grants leave upon
application.
(2) An application for leave under
subrule (1)(c) shall be made
ex-parte before the filing of
the counterclaim and supported
by affidavit which shall state
the grounds of the application.
Rule 7—Court may Order Separate Trials
(1) If claims in respect of two or
more causes of action are
included by a defendant in a
counterclaim, and it appears to
the Court that the joinder of
causes of action may embarrass
or delay the trial or is
otherwise inconvenient, the
Court may order separate trials
or make such other orders as may
be just.
(2) If it appears on an application of
any party against whom a
counterclaim is made that the
subject matter of the
counterclaim ought for any
reason to be disposed of by a
separate action, the Court may
order the counterclaim to be
struck out or may order it to be
tried separately or make such
other order as may be just.
(3) Rules 1, 5 and 6 of this Order
shall have effect subject to
this rule.
Rule 8—Failure to Proceed after Death
of Party
Where a counterclaim is made by a
defendant, Order 4 rule 7 shall
apply to the counterclaim as if
the counterclaim were a separate
action and as if the defendant
making the counterclaim were the
plaintiff and the person against
whom it is made a defendant.
ORDER 13—DEFAULT OF DEFENCE
Rule 1—Claim for Liquidated Demand
(1) Where the plaintiff's claim
against a defendant is for a
liquidated demand only, and the
defendant fails to file a
defence to the claim, the
plaintiff may, after the
expiration of the period fixed
by these Rules for filing the
defence, apply, to enter final
judgment against that defendant
for a sum not exceeding that
claimed by the writ in respect
of the demand and for costs, and
proceed with the action against
other defendants, if any.
(2) A claim shall not be prevented
from being treated for the
purposes of this rule as a claim
for a liquidated demand by
reason only that part of the
claim is for interest accruing
after the date of the writ at an
unspecified rate, but any such
rate shall be computed from the
date of the writ to the date of
entering judgment or final
payment at the prevailing
commercial bank rate.
Rule 2—Claim for Unliquidated Demand
Where the plaintiff's claim against a
defendant is for an unliquidated
demand only, and the defendant
fails to file a defence to the
claim, the plaintiff may, after
the expiration of the period
fixed by these Rules for filing
a defence, apply for leave to
enter interlocutory judgment
against the defendant for
damages to be assessed and for
costs, and proceed with the
action against other defendants,
if any.
Rule 3—Claim in Detinue
Where the plaintiff's claim against a
defendant relates to the
detention of goods only, and the
defendant fails to file a
defence to the claim, the
plaintiff may, after the
expiration of the period fixed
by these Rules for filing the
defence, apply to enter
interlocutory judgment against
the defendant
(a) for the delivery of the goods or
their assessed value and costs;
(b) for the delivery of the goods and
costs; or
(c) for the value of the goods and
costs
and proceed with the action against
other defendants, if any.
Rule 4—Claim for Possession of
Immovable Property
(1) Where the plaintiff's claim
against a defendant is for
possession of immovable property
only, and the defendant fails to
file a defence to the claim, the
plaintiff may, after the
expiration of the period fixed
by these Rules for filing a
defence, apply to enter judgment
for possession of the immovable
property against the defendant
and for costs, and proceed with
the action against other
defendants, if any.
(2) Where there is more than one
defendant, judgment entered
under this rule shall not be
enforced against any defendant
unless and until judgment for
possession of the immovable
property has been entered
against all the defendants.
(3) This rule shall not apply where
possession is claimed by virtue
of a mortgage.
Rule 5—Mixed Claims
Where the plaintiff makes against a
defendant two or more claims to
which rules 1 to 4 apply and
does not make any other claim,
and the defendant fails to file
a defence to the claim, the
plaintiff may, after the
expiration of the period fixed
by these Rules for filing the
defence, apply to enter against
the defendant such judgment in
respect of the claim as the
plaintiff would be entitled to
enter under those rules, and
proceed with the action against
other defendants, if any.
Rule 6—Other Claims
(1) Where the plaintiff makes against
a defendant a claim of a
description not mentioned in
rules 1 to 4 and the defendant
fails to file a defence to the
claim, the plaintiff may, after
the expiration of the period
fixed by these Rules for filing
the defence, apply to the Court
for judgment.
(2) On the hearing of the application
the Court shall give such
judgment as the plaintiff
appears entitled to by the
statement of claim of the
plaintiff.
(3) Where the plaintiff makes a claim
to which subrule (1) applies
against more than one defendant,
and one of the defendants fails
to file a defence to the claim,
the plaintiff may
(a) if the claim against the defendant
in default is severable from the
claim against the other
defendants, apply under subrule
(1) for judgment, and proceed
with the action against the
other defendants; or
(b) set down the action on a motion
for judgment against the
defendant in default at the time
when the action is set down for
trial or is set down on a motion
for judgment, against the other
defendants.
Rule 7—Default of Defence to
Counterclaim
(1) A defendant who counterclaims
against a plaintiff shall be
treated for the purposes of this
Order as if the defendant were a
plaintiff who has made against a
defendant the claim in the
counterclaim.
(2) Where the plaintiff or any other
party against whom a
counterclaim is made fails to
file a defence to counterclaim,
this Order shall apply as if the
counterclaim were a statement of
claim, the defence to
counterclaim a defence and the
parties making the counterclaim
and against whom it is made were
plaintiffs and defendants
respectively, and as if
reference to the period fixed by
these Rules for filing the
defence were a reference to the
period so fixed for filing of
the defence to counterclaim.
Rule 8—Setting Aside Judgment
The Court may, on application by a
party affected and on such terms
as it thinks just, set aside or
vary any judgment entered in
pursuance of this Order.
ORDER 14—SUMMARY JUDGMENT
Rule 1— Application for Summary
Judgment
Where in an action a defendant has
been served with a statement of
claim and has filed appearance,
the plaintiff may on notice
apply to the Court for judgment
against the defendant on the
ground that the defendant has no
defence to a claim included in
the writ, or to a particular
part of such a claim, or that
the defendant has no defence to
such a claim or part of a claim,
except as to the amount of any
damages claimed.
Rule 2—Method of Making Application
(1) The notice of the application
shall set out the reliefs sought
by the plaintiff.
(2) The notice shall be supported by
an affidavit verifying the facts
on which the relevant claim or
part of a claim is based, and
stating that in the deponent’s
belief there is no defence to
that claim or part of a claim,
or no defence except as to the
amount of any damages claimed.
(3) Notice of the application, a copy
of the affidavit in support and
of any exhibit relating to it
shall be served on the defendant
not less than four clear days
before the day named in the
notice for hearing the
application.
Rule 3—Defendant may Show Cause
(1) A defendant may show cause against
the application by affidavit or
otherwise to the satisfaction of
the Court.
(2) Where the defendant proceeds to
show cause, the Court may order
the defendant or in the case of
a body corporate, any director,
manager, secretary or similar
officer of it, or any person
purporting to act in such
capacity to attend and be
examined on oath or to produce
any document if it appears to
the Court that special
circumstances make this
desirable.
Rule 4—Affidavits
Unless the Court otherwise directs, an
affidavit filed under rule 2 or
3 may contain statements of
information and belief with the
sources and grounds on which
they are based.
Rule 5—Hearing of Application
(1) On the hearing of the application
the Court may
(a) give such judgment for the
plaintiff against the defendant
on the relevant claim or part of
a claim as may be just having
regard to the nature of the
remedy or relief sought, unless
the defendant satisfies the
Court, with respect to that
claim or part of it, that there
is an issue or question in
dispute which ought to be tried
or that there ought for some
other reason to be a trial of
that claim or part of it;
(b) give the defendant leave to defend
the action with respect to the
relevant claim or part of it
either unconditionally or on
terms such as giving security or
otherwise; or
(c) dismiss the application with costs
to be paid forthwith by the
plaintiff, if it appears that
the case is not within this
Order or that the plaintiff knew
that the defendant relied on a
contention which would entitle
the defendant to unconditional
leave to defend the action.
(2) The Court may, subject to any
conditions that the justice of
the case requires, stay
execution of a judgment given
against a defendant under this
rule until after the trial of
any counterclaim raised by the
defendant.
Rule 6—Directions
Where leave to defend is given or
execution stayed under rule 5,
the Court may give such
directions as to the further
conduct of the action as may be
given on an application for
directions, and may order the
action to be set down for trial
forthwith or at such date as the
Court considers proper.
Rule 7—Delivery up of Chattel
Where the Court gives judgment under
this Order for the delivery up
of a specific chattel, it shall
have the same power to order the
defendant to deliver up the
chattel without giving the
defendant an option to retain it
upon paying its assessed value,
as if the judgment had been
given after trial.
Rule 8—Relief against Forfeiture
Where the Court gives judgment under
this Order for possession of
land on the ground of forfeiture
for non-payment of rent, a
tenant shall have the same right
to apply for relief as if the
judgment had been given after
trial.
Rule 9—Setting Aside Judgment
A judgment given against a defendant
who does not appear at the
hearing of an application under
this Order may be set aside or
varied by the Court on such
terms as it considers just upon
an application brought within
fourteen days of the service on
the defendant of notice of the
judgment.
Rule 10—Summary Judgment on
Counterclaim
(1) Where in an action the plaintiff
is served with a counterclaim,
the defendant may at any time
after service of the
counterclaim on the ground that
the plaintiff has no defence to
a claim made in the
counterclaim, or to a particular
part of such a claim, apply to
the Court for judgment against
the plaintiff on that claim or
part of it.
(2) Rules 2 to 9 shall apply to an
application under this rule with
the following modifications
(a) references in the Rules to the
plaintiff and defendant shall be
construed as references to the
defendant and plaintiff
respectively;
(b) the references in rules 5 and 6 to
the action shall be construed as
references to the counterclaim
to which the application made
under this rule relates; and
(c) in rule 5 (2) the words after
“trial” shall be omitted.
Rule 11—Right to Proceed with
Remainder of Action or
Counterclaim
(1) Where on an application under rule
1 the plaintiff obtains judgment
on a claim or part of a claim
against any defendant, the
plaintiff may proceed with the
action as regards any other
claim or as regards the
remainder of the claim or
against any other defendant.
(2) Where on an application under rule
10, a defendant obtains judgment
on a claim or part of a claim
made in a counterclaim against
the plaintiff, the defendant may
proceed with the counterclaim as
regards any other claim or as
regards the remainder of the
claim against any other
defendant to the counterclaim.
Rule 12—Actions and Claims Excluded
Summary judgment shall not be given
under this Order with respect to
(a) Probate, matrimonial or maritime
proceedings;
(b) a claim or counterclaim for
defamation, malicious
prosecution, seduction or breach
of promise of marriage; or
(c) a claim or counterclaim based on
an allegation of fraud.
ORDER 15—THIRD PARTY PROCEDURE
Rule 1—Third Party Procedure
(1) Where in any action a defendant
claims against any person not
already a party to the action,
in this Order called the “third
party”
(a) that the defendant is entitled to
contribution or indemnity from
the third party;
(b) that the defendant is entitled, as
against the third party, to any
relief or remedy relating to or
connected with the original
subject matter of the action and
substantially the same as the
relief or remedy claimed by the
plaintiff; or
(c) that any question or issue arising
between the defendant and the
third party relating to or
connected with the subject
matter is substantially the same
as a question or issue arising
between the plaintiff and the
defendant and should be properly
determined not only as between
the plaintiff and the defendant
but also as between the
defendant and the third party or
between any or either of them,
the Court may give leave to the
defendant to issue and serve a
third party notice.
(2) An application to issue and serve
a third party notice shall be
made ex-parte and shall be
supported by an affidavit
stating
(a) the nature of the claim made by
the plaintiff in the action;
(b) the stage at which the proceedings
have reached;
(c) the nature of the claim made by
the applicant or particulars of
the question or issue required
to be determined;
(d) the facts on which the proposed
third party notice is based; and
(e) the name and address of the person
against whom the third party
notice is to be issued.
(3) The order granting leave to issue
a third party notice may contain
directions as to the period
within which the notice shall be
issued and if no directions are
given the notice shall be issued
not later than fourteen days
after the date of the order
granting leave.
Rule 2—Third Party Notice
(1) A third party notice shall contain
a statement of the nature of the
claim made against the defendant
and of the nature and grounds of
claim made by the defendant
against the third party and the
question or issue required to be
determined.
(2) The notice shall be as in Form 6
in the Schedule.
(3) The issue of a third party notice
takes place upon its being
sealed by the Registrar.
(4) No third party notice shall be
sealed unless at the time it is
tendered for sealing the person
tendering it leaves with the
Registrar, a copy signed by the
applicant or the applicant’s
lawyer.
Rule 3—Service of Notice and Filing of
Appearance
(1) A copy of the writ and of the
pleadings served in the action
shall be served with every third
party notice.
(2) Where a third party notice is
served on the third party, the
third party shall as from the
time of the service be a party
to the action with the same
rights in respect of defence
against any claim made against
the third party in the notice as
if the third party had been duly
sued by writ by the defendant by
whom the notice is issued.
(3) The third party may file
appearance in the action within
eight days after service or
within such further time as may
be directed by the Court and
specified in the notice;
provided that a third party
failing to appear within the
specified time may apply to the
Court for leave to appear and
leave may be given on such
terms, if any, as the Court
thinks fit.
(4) Appearance to a third party notice
shall be filed in the registry
of the Court in which the action
is proceeding.
(5) Where a third party notice is
issued in an action the notice
shall be treated as if it were a
writ and the proceeding begun
thereby, an action, and the
defendant issuing the notice
shall be treated as if he were a
plaintiff and the third party a
defendant in that action.
(6) The provisions of these Rules
relating to service of a writ
and filing of appearance shall
apply to a third party notice
and to proceedings begun
thereby.
Rule 4—Third Party Directions
(1) If the third party files
appearance, the defendant who
issued the third party notice
shall by notice to be served on
all the other parties to the
action, apply to the Court for
directions.
(2) If no notice is served on the
third party under subrule (1),
the third party may, not earlier
than eight days after filing an
appearance, by notice to be
served on all the other parties
to the action, apply to the
Court for directions or for an
order to set aside the third
party notice.
(3) On the hearing of an application
under this rule the Court may
(a) if the liability of the third
party to the defendant who
issued the third party notice is
established, order such judgment
as the nature of the case may
require to be entered against
the third party in favour of the
defendant;
(b) order any claim, question or issue
stated in the third party notice
to be tried in such manner as
the Court may direct; or
(c) dismiss the application and
terminate the proceedings on the
third party notice, and may do
so either before or after any
judgment has been signed by the
plaintiff against the defendant.
(4) On an application for directions
under this rule, the Court may
give the third party leave
(a) to defend the action, either alone
or jointly with any defendant
upon such terms as may be just;
and
(b) to appear at the trial and
participate in the trial as may
be just,
and generally may make such orders or
give such directions as appear
to the Court proper for
determining and enforcing in a
just manner, the rights and
liabilities of the parties
including the extent to which
the third party is to be bound
by any judgment or decision in
the action.
(5) The Court may at any time vary or
rescind an order made or
directions given under this
rule.
Rule 5—Default of Third Party
(1) If a third party does not file an
appearance or having been
ordered to serve a defence fails
to do so
(a) the third party shall be deemed to
admit any claim stated in the
third party notice and shall be
bound by any judgment (including
judgment by consent) or decision
in the action so far as it is
relevant to any claim, question
or issue stated in that third
party notice; and
(b) the defendant who issues the third
party notice, may if judgment in
default is given against the
defendant in the action
(i) at anytime after satisfaction of
that judgment; or
(ii) with leave of the Court before
satisfaction of the judgment,
enter judgment against the third party
in respect of any contribution
or indemnity claimed in the
notice and with leave of the
Court in respect of any other
relief or remedy claimed in the
action.
(2) If a third party or the defendant
who issues a third party notice
makes default in filing any
pleading which the third party
or the defendant is ordered to
file, the Court may, on the
application of the defendant or
the third party, order such
judgment to be entered for the
applicant as the applicant is
entitled to on the pleadings or
make any other order as it
considers necessary to do
justice between the parties.
(3) The Court may at any time set
aside or vary a judgment entered
under subrule (1) or (2) of this
rule on such terms, if any, as
it thinks fit.
Rule 6—Setting Aside Third Party
Proceedings
The Court may, at any stage of an
action set aside proceedings on
a third party notice within the
action.
Rule 7—Judgment between Defendant and
Third Party
(1) Where in an action a defendant has
served a third party notice, the
Court may at or after the trial
of the action, or if the action
is decided otherwise than by
trial, on an application made
for that purpose, order such
judgment as the nature of the
case requires to be entered for
the defendant against the third
party or against the defendant.
(2) Where in any action judgment is
given against a defendant in
favour of the plaintiff and for
the defendant against the third
party, execution shall not issue
against the third party without
leave of the Court until the
judgment against the defendant
has been satisfied.
Rule 8—Claims and Issues between a
Defendant and some other Party
to the Action other than the
Plaintiff
(1) Where a defendant who has filed an
appearance claims against a
person who is already a party to
the action other than the
plaintiff,
(a) any contribution or indemnity; or
(b) any relief or remedy relating to
or connected with the original
subject matter of the action and
substantially the same as the
relief or remedy claimed by the
plaintiff,
the defendant may subject to subrule
(2) without leave, issue and
serve on that person a notice
containing a statement of the
nature and grounds of the claim.
(2) Subrule (1) shall not apply to any
claim a defendant may make in
the nature of a counterclaim
against a plaintiff.
(3) Where a defendant who has filed an
appearance requires that any
question or issue relating to or
connected with the original
subject matter of the action
should be determined not only as
between the plaintiff and the
defendant but also as between
either or both of them and some
other person who is already a
party to the action, the
defendant may, without leave,
issue and serve on that person a
notice containing a statement of
the question or issue required
to be determined.
(4) No appearance to a notice served
under subrule (3) shall be
necessary if the person on whom
it is served has filed
appearance in the action or is a
plaintiff in the action.
(5) The same procedure shall be
adopted for the determination
between the defendant by whom,
and the person on whom, such a
notice is served of the claim,
question or issue stated in the
notice as would be appropriate
under the order if the person
served with the notice
(a) were a third party and had filed
appearance to the notice; or
(b) is a plaintiff or any other person
who has filed appearance in the
action.
(6) Rule 4 shall have effect in
relation to proceedings on a
notice issued under this rule.
Rule 9—Claims by third and subsequent
parties
A person on whom a third party notice
is served and who makes a claim
for relief as mentioned in rule
8 (1) may issue a notice on some
other person in the terms of
those rules.
Rule 10—Offer of Contribution
(1) For the purpose of this rule, an
offer of contribution means an
offer to contribute to a
specified extent to a debt or
damages, made, without prejudice
to one’s defence, by a party to
the action who, either as a
third party or as one of two or
more tortfeasors liable in
respect of the same damage,
stands to be held liable in the
action to another party to
contribute towards any debt or
damage which may be recovered
against that other party in the
action.
(2) An offer of contribution made by
one party to another before the
trial of an action shall not be
brought to the notice of the
Judge at the trial until after
all questions of liability and
account of debt or damages have
been decided.
Rule 11—Third Party Proceedings in
Relation to Defendant’s
Counterclaim
Where in any action a counterclaim is
made by a defendant, the
provisions of this Order shall
apply to the counterclaim as if
the counterclaim were a writ and
statement of claim, and as if
the person making the
counterclaim were the plaintiff
and the person against whom it
is made a defendant, provided
that such a plaintiff shall not
be required to file appearance.
ORDER 16—AMENDMENT
Rule 1—Amendment of Writ without Leave
(1) The plaintiff may, without leave
of the Court, amend the
plaintiff’s writ once at any
time before the pleadings are
closed.
(2) Where a writ is amended under this
rule after it has been served,
the amended writ shall be served
on each defendant to the action
unless on an application made
ex-parte the Court otherwise
directs.
Rule 2—Amendment of Notice of
Appearance
A defendant shall not amend the
defendant’s notice of appearance
without leave of the Court.
Rule 3—Amendment of Pleadings Without
Leave
(1) A party may, without leave of the
Court, amend any of the party’s
pleadings once at any time
before the pleadings are closed
and, where the party does so,
the party shall cause the
amended pleadings to be served
on the parties on the other
side.
(2) Where an amended statement of
claim is served on a defendant
(a) the defendant, if a defence has
been filed to the claim, whether
amended or not, may amend the
defence without leave of the
Court to respond directly to the
plaintiff’s amendment; and
(b) the period for service of the
defence or amended defence,
shall be either the period fixed
under these Rules for service of
defence or a period of fourteen
days after the amended statement
of claim is served on the
defendant, whichever expires
later.
(3) Where an amended defence is served
on the plaintiff by a defendant
(a) the plaintiff, if a reply has been
filed, whether amended or not,
may amend the reply without
leave of the Court to respond
directly to the defendant’s
amendment; and
(b) the period of service of the reply
or amended reply shall be
fourteen days after the amended
defence is served on the
plaintiff.
(4) In subrules (2) and (3) references
to a defence and a reply include
references to a counterclaim and
a defence to counterclaim
respectively.
(5) Where an amended counterclaim is
served by a defendant on a party
other than the plaintiff against
whom the counterclaim is made,
subrule (2) shall apply as if
the counterclaim were a
statement of claim and as if the
party by whom the counterclaim
is made were the plaintiff and
the party against whom it is
made a defendant.
(6) Where a party has pleaded to a
pleading which is subsequently
amended and served on the party
under subrule (1), if the party
does not amend the pleading
under the foregoing provisions
of this rule, the party shall be
taken to rely on it in answer to
the amended pleading, and Order
11 rule (2) shall have effect in
such a case as if the amended
pleading had been served at the
time when the pleading, before
its amendment under subrule (1),
was served.
Rule 4—Application to Strike out
Amendment made Without Leave
(1) Within fourteen days after the
service on a party of a pleading
amended under rule 3 (1), the
party may apply to the Court to
strike out the amendment.
(2) Where the Court, hearing an
application under this rule, is
satisfied that if an application
for leave to make the amendment
in question had been made under
rule 5 at the date when the
amendment was made, leave to
make the amendment or part of
the amendment would have been
refused, it shall order the
amendment or that part to be
struck out.
(3) An order made on an application
under this rule may be made on
such terms as to costs or
otherwise as the Court considers
just.
Rule 5—Amendment of Writ or Pleading
with Leave
(1) Subject to Order 4 rules 5 and 6
and to the following provisions
of this rule, the Court may at
any stage of the proceedings
upon an application by the
plaintiff or any other party
grant leave to
(a) the plaintiff to amend the
plaintiff’s writ; or
(b) any party to amend the party’s
pleading;
on such terms as to costs or otherwise
as may be just and in such
manner as it may direct.
(2) Where an application to the Court
for leave to make the amendment
mentioned in subrule (3), (4) or
(5) is made after any relevant
period of limitation has
expired, the Court may
nevertheless grant the leave in
the circumstances mentioned in
that application if it considers
it just to do so.
(3) An amendment to correct the name
of a party may be allowed under
subrule (2) notwithstanding that
it is alleged that the effect of
the amendment will be to
substitute a new party if the
Court is satisfied that the
mistake sought to be corrected
was a genuine mistake and was
not misleading or such as to
cause any reasonable doubt as to
the identity of the person
intending to sue or intended to
be sued.
(4) An amendment to alter the capacity
in which a party sues may be
allowed under subrule (2) if
the new capacity is one which
that party had at the date of
the commencement of the
proceedings or has since
acquired.
(5) An amendment may be allowed under
subrule (2) notwithstanding that
the effect of the amendment will
be to add or substitute a new
cause of action, if the new
cause of action arises out of
the same facts or substantially
the same facts as a cause of
action in respect of which
relief has already been claimed
in the action by the party
applying for leave to make the
amendment.
Rule 6—Amendment During Long Vacation
A party may amend the party’s writ or
pleadings under rule 1 or 3 (1)
during the Long Vacation but, a
writ or pleading shall not be
amended during the Long Vacation
unless the Court allows it under
rule 5.
Rule 7—Amendment of Other Documents
(1) For the purpose of determining the
real question in controversy
between the parties or of
correcting any defect or error
in the proceedings, the Court
may, at any stage of the
proceedings either of its own
motion or on the application of
any party, order any document in
the proceedings to be amended on
such terms as to costs or
otherwise as may be just and in
such manner as it may direct.
(2) This rule shall not apply in
relation to a judgment or order.
Rule 8—Failure to Amend After Order
Where the Court makes an order giving
a party leave to amend a writ,
pleading or other document,
then, if that party does not
amend the document in accordance
with the order before the
expiration of the period
specified for that purpose in
the order or, if no period is so
specified, within fourteen days
after the order is made, the
order shall cease to have effect
but without prejudice to the
power of the Court to extend the
period.
Rule 9—Method of Amending
(1) Subject to subrule (2) of this
rule, and to any direction given
under rule 3 or 7, any
amendments authorized under this
Order to be made a writ,
pleading or other document may
be effected by making the
necessary alterations to the
document by hand writing and, in
the case of a writ, causing it
to be re-sealed and filing a
copy of it.
(2) Where the authorized amendments
are so numerous or of such
nature or length that to make
written alterations to the
documents in order to give
effect to them would make it
difficult or inconvenient to
read, a fresh document, amended
as authorized, shall be prepared
and, in the case of a writ,
re-issued.
(3) A writ, pleading or other document
which has been amended under
this Order shall be indorsed
with a statement that it has
been amended, specifying the
date on which it was amended,
the name of the Judge who made
the order authorizing the
amendment and the date of the
order or, if no such was made,
the number of the rule of this
Order under which the amendment
was made.
Rule 10—Correction of Clerical Errors
Clerical mistakes in judgments or
orders or errors arising therein
from any accidental slip or
omission, may at any time be
corrected by the Court either on
its own motion on notice to the
parties or on an application
without an appeal.
Rule 11—Method of Applying for Leave
(1) An application for leave to amend
a writ or a pleading shall be
made on notice to all the other
parties to the action.
(2) The application shall specify
precisely the nature of the
amendment intended to be made.
(3) An affidavit may be used in an
application for leave to amend
under this rule.
ORDER 17—WITHDRAWAL AND DISCONTINUANCE
Rule 1—Withdrawal of Appearance
A party who files an appearance in an
action may withdraw the
appearance at any time with
leave of the Court.
Rule 2—Plaintiff may Discontinue
Before Defence
(1) Except in the case of an
interlocutory application, the
plaintiff may at any time before
service on the plaintiff of the
defendant’s defence or after the
service of it and before taking
other proceeding in the action,
by notice in writing wholly
discontinue the action against
all or any of the defendants or
withdraw any part of the alleged
cause of action and thereupon
the plaintiff shall pay the
defendant’s costs of the action
or if the action is not wholly
discontinued, the costs
occasioned by the withdrawal.
(2) Such costs shall be taxed, and the
discontinuance or withdrawal
shall not be a defence to any
subsequent action.
(3) Except as provided in this rule,
the plaintiff shall not be
entitled to withdraw the record
or discontinue the action
without leave of the Court, but
the Court may before, during or
after the hearing or trial upon
such terms as to costs and as to
any other action as may be just,
order the action to be
discontinued or any part of the
alleged cause of action to be
struck out.
Rule 3—Withdrawal by Consent
An action may be withdrawn without
leave of the Court at any time
before trial where all the
parties produce to the Registrar
a written consent that the
action be withdrawn.
Rule 4—Stay of Subsequent Action Until
Costs are Paid
If any subsequent action is brought,
before payment of the costs of a
discontinued action for the
same, substantially the same
cause of action, the Court may
if it thinks fit order a stay of
the subsequent action until the
costs are paid.
ORDER 18—PAYMENT INTO AND OUT OF COURT
Rule 1— Payment into Court
(1) A defendant may pay a sum of money
into court at any time after the
defendant has filed an
appearance in an action for debt
or damages.
(2) The payment into court shall be in
satisfaction of the cause of
action claimed or where two or
more causes of action are
joined, the payment into court
shall be a sum or sums of money
in satisfaction of any or all of
those causes of action.
(3) The defendant or the defendant’s
lawyer shall give notice as in
Form 7 in the Schedule to the
plaintiff or the plaintiff’s
lawyer; and every other
defendant when making any
payment or increasing any
payment into court under this
rule shall do the same.
(4) A defendant may, without leave,
give notice of an increase in a
payment made under this rule but
subject to that and without
prejudice to rule 7, a notice of
payment may not be withdrawn or
amended without leave of the
Court and may be granted on such
terms as may be just.
(5) Where two or more causes of action
are joined in an action and
money is paid into court under
this rule in respect of all or
only some of those causes of
action, the notice of payment
shall
(a) state that the money is paid in
respect of all those causes of
action or shall specify the
cause of action in respect of
which the payment is made; and
(b) specify the sum paid in respect of
that caused or those causes of
action where the defendant makes
separate payments in respect of
each or any two or more of those
causes of action.
(6) If it appears to the Court that
the plaintiff is confused by a
payment where a single sum of
money is paid into court under
this rule in respect of two or
more causes of action, the Court
may order the defendant to amend
the notice of payment so as to
specify the sum paid in respect
of each cause of action.
Rule 2—Payment into Court by Defendant
who has Counterclaimed
Where a defendant who by a
counterclaim makes a claim
against the plaintiff for a debt
or damages, pays a sum of money
into court under rule 1, the
notice of payment shall state
that in making the payment the
defendant has taken into account
and intends to satisfy
(a) the cause of action in respect of
which the counterclaims is made;
or
(b) where two or more causes of action
are joined in the counterclaim,
which of them, if not all of
them.
Rule 3—Acceptance of Money Paid into
Court
(1) Within fourteen days after receipt
of the notice of payment or,
within fourteen days after
receipt of the notice of the
last payment or the amended
notice, where more than one
payment has been made or the
notice has been amended, the
plaintiff may where the money
was paid in respect of
(a) the cause of action or all the
causes of action in respect of
which the plaintiff claims,
accept the money in satisfaction
of that cause of action or those
causes of action; or
(b) some of the causes of action in
respect of which the plaintiff
claims accept in satisfaction of
any of the causes of action the
sum specified in respect of
those causes of action in the
notice of payment, by giving
notice as in Form 8 in the
Schedule to every defendant to
the action.
(2) Where the plaintiff accepts any
money paid into court, further
proceedings in the action or in
respect of the specified cause
to which the acceptance relates,
both against the defendant
making the payment and against
any other defendant sued jointly
with or in the alternative to
the defendant, shall be stayed.
(3) Where money is paid into court by
a defendant who makes a
counterclaim and the notice of
payment states that in making
the payment the defendant has
taken into account and satisfied
the cause of action or the
specified cause of action in
respect of which the defendant
claims, if the plaintiff accepts
that sum, further proceedings on
the counterclaim or in respect
of the specified cause of action
against the plaintiff shall be
stayed.
(4) A plaintiff who has accepted a sum
paid into court shall, subject
to rules 4 and 9 and Order 5
rule 8(3), be entitled to
receive payment of that sum in
satisfaction of the cause of
action to which the acceptance
relates.
Rule 4—Order for Payment out of Court
(1) Where a plaintiff accepts a sum
paid into court
(a) by some but not all of the
defendants sued jointly or in
the alternative by the
plaintiff;
(b) with a defence of tender before
action;
(c) in an action to which Order 5 rule
8 (3) applies; or
(d) in satisfaction of a cause of
action arising under the Civil
Liability Act, 1963 (Act 176)
where more than one person is
entitled to the money,
the money in court shall not be paid
out except under subrule (2) or
in pursuance of an order of the
Court, and the order shall deal
with the whole costs of the
action or of the cause of action
to which the payment relates.
(2) Where an order of the Court is
required under subrule (1) (a)
and before or after accepting
the money paid into court the
plaintiff discontinues the
action against all the other
defendants the sum may be paid
out without an order of the
Court.
(3) Where after the trial or hearing
of an action has begun, a
plaintiff accepts any money paid
into court and all further
proceedings in the action or in
respect of the specified cause
to which the acceptance relates
are stayed by virtue of rule 3
(2), notwithstanding anything in
subrule (2), the money shall not
be paid out except under an
order of the Court, and the
order shall deal with the whole
costs of the action.
Rule 5—Money Remaining in Court
If any money paid into court in an
action is not accepted in
accordance with rule 3, the
money remaining in court shall
not be paid out except under an
order of the Court which may be
made at any time before, at or
after the trial or hearing of
the action; and where the order
is made before the trial or
hearing of the action the money
shall not be paid out except in
satisfaction of the cause of
action in respect of which it is
paid in.
Rule 6—Payment into Court Where
Counterclaim Made
(1) A plaintiff against whom a
counterclaim is made and any
other defendant to the
counterclaim may pay money into
court in accordance with rules 1
and 3, except subrule (3) of
rule 3; and rules 4 and 5 shall
apply with the necessary
modifications.
(2) Notice of payment into court in
respect of a counterclaim shall
be as in Form 9 in the Schedule.
Rule 7—Payment into Court not to be
Disclosed
(1) The fact that money has been paid
into court under the provisions
of this Order shall not be
pleaded and no communication of
that fact shall be made to the
Court at the trial or hearing of
the action or counterclaim or of
any question or issue as to the
debt or damages, until all
questions of liability and the
amount of the debt or damages
have been decided.
(2) Subrule (1) does not apply to an
action in which a defence of
tender before action is pleaded,
or to an action in which all
further proceedings are stayed
by virtue of rule 3 (2) after
the trial or hearing has begun.
Rule 8—Money Paid into Court under
Order of Court
(1) Subject to subrule (2), money paid
into court under an order of the
Court shall not be paid out
except in pursuance of an order
of the Court.
(2) Unless the Court otherwise orders,
a party who has paid money into
court in pursuance of an order
made under these Rules,
(a) may be notice to the other party
appropriate the whole or part of
the money and any additional
payment to any particular claim
made in the writ or counterclaim
and specified in the notice; or
(b) if the party pleads a tender, may
by the pleading, appropriate the
whole or part of the money as
payment into court of the money
alleged to have been tendered.
(3) Money appropriated in accordance
with subrule (2) shall be taken
to be money paid into court in
accordance with rule 1 or 2 or
money paid into court with a
plea of tender, and this Order
shall apply accordingly.
Rule 9—Person to be Paid
(1) Payment shall be made to the party
entitled or on the written
authority of the party to the
lawyer of the party.
(2) This rule applies whether the
money in court has been paid
into court under rule 1 or under
an order of the Court.
Rule 10—Payment Out of Small Estates
Where a person entitled to a fund in
court or a share of the fund,
dies intestate and the Court is
satisfied that no grant of
administration of the person’s
estate has been made and that
the assets of the estate do not
exceed ¢2 million in value,
including the value of the fund
or share, the Court may order
that the fund or share shall be
paid, transferred or delivered
to the person who, being a
surviving spouse, child, father,
mother, brother or sister of the
deceased, would have the prior
legal right to a grant of
administration of the estate of
the deceased.
Rule 11—Payment out Under Exchange
Control Act, 1961 (Act 71)
(1) Where money has been paid into
court in any cause or matter
under the Exchange Control Act,
1961 (Act 71) or an order of the
Court made under it, any party
to the cause or matter may apply
for that money to be paid out of
court.
(2) Notice of the application shall be
served on all interested
parties.
(3) If any person in whose favour an
order for payment under this
rule is sought is resident
outside Ghana or will receive
payment by order or on behalf of
a person resident outside Ghana,
that fact shall be stated in the
notice.
(4) If the consent of the Bank of
Ghana authorising the proposed
payment has been given
unconditionally or on conditions
which have been complied with,
the fact shall be stated in the
notice, and the consent shall be
attached to the notice.
ORDER 19—APPLICATIONS
Rule 1—Applications to be Made by
Motion
(1) Every application in pending
proceedings shall be made by
motion.
(2) Proceedings by which an
application is to be made to the
Court or a Judge of the Court
under any enactment shall be
initiated by motion and where an
enactment provides that an
application shall be made by
some other means, an application
by motion shall be deemed to
satisfy the provision of the
enactment as to the making of
the application.
(3) Except where these Rules otherwise
provide, no motion shall be made
without previous notice to the
parties affected.
(4) If on hearing a motion the Court
is of the opinion that any
person to whom notice has not
been given ought to have or to
have had notice, the Court may
either dismiss the motion or
adjourn the hearing in order
that the notice may be given
upon such terms as it considers
just.
Rule 2—Service of Notice of Motion
(1) Unless the Court gives leave to
the contrary or any of these
Rules otherwise provides, there
shall be at least three clear
days between the service of
notice of a motion and the date
named in the motion for the
hearing of the motion.
(2) Where leave has been given under
subrule (1) to serve short
notice of motion, that fact
shall be stated on the notice.
(3) Notice of a motion to be made in
an action may be served by the
plaintiff on the defendant with
the writ or at any time after
service of the writ, whether or
not the defendant has filed
appearance.
Rule 3—Ex-parte Motions
(1) Subject to rule 1 subrule (3), an
application by motion may be
made ex-parte where any of these
Rules provides or where, having
regard to the circumstances, the
Court considers it proper to
permit the application to be
made.
(2) The Court may make an order
ex-parte on such terms and
subject to such undertaking as
it considers just where it is
satisfied that delay caused by
proceeding in the ordinary way
would or might entail
irreparable damage or serious
mischief.
(3) The Court shall not grant an
application made ex-parte under
subrule (2) unless the applicant
shows to the satisfaction of the
Court good reason for making the
application ex-parte and the
precise nature of the
irreparable damage or serious
mischief which will be
occasioned by proceeding in the
ordinary way.
(4) The Court in its discretion may
refuse to hear an application
ex-parte and may direct that
notice shall be given to all the
parties affected by the
application.
Rule 4—Affidavit in Support of Motion
Every application shall be supported
by affidavit deposed to by the
applicant or some person duly
authorised by the applicant and
stating the facts on which the
applicant relies, unless any of
these Rules provides that an
affidavit shall not be used or
unless the application is
grounded entirely on matters of
law or procedure which shall be
stated in the motion paper.
Rule 5—Bringing a Prisoner to Give
Evidence
An application for an order to bring a
prisoner, otherwise than by writ
of habeas corpus to give
evidence in any proceedings
civil or criminal before a
court, tribunal or Judge, shall
be made by motion ex parte
supported by affidavit to a
Judge in chambers.
ORDER 20—AFFIDAVITS
Rule 1—Use of Affidavits
An affidavit may be used wherever
these Rules so provide.
Rule 2—Persons who may Take Affidavits
Affidavits shall be sworn before a
Judge, Magistrate, Registrar,
Commissioner for Oaths, any
officer empowered by these Rules
or by any other enactment to
administer oaths.
Rule 3—Title of Affidavit
(1) Subject to subrules (2) and (3) of
this rule, an affidavit sworn in
any cause or matter shall bear
the title of that cause or
matter.
(2) Where a cause or matter has more
than one title, it is sufficient
to state the title of the first
matter followed by the words
"and other matters".
(3) Where there is more than one
plaintiff or one defendant, it
is sufficient to state the full
name of the first followed by
the words "and others" or "and
another".
Rule 4—Form of Affidavit
(1) Every affidavit shall be printed,
written or typed and shall be
numbered consecutively.
(2) Every affidavity shall be
expressed in the first person
and shall state the place of
residence of the deponent and
the occupation of the deponent
or, if the deponent has none,
the description of the deponent
and whether the deponent is, or
is not employed by a party to
the cause or matter in which the
affidavit is sworn.
(3) Every affidavit shall be divided
into paragraphs numbered
consecutively, each paragraph
being as far as possible
confined to a distinct portion
of the subject.
(4) Dates, sums and other numbers may
be expressed in an affidavit in
figures or in words or both.
(5) Subject to rule 6 an affidavit
shall be signed by the deponent
and the jurat shall be completed
and signed by the person before
whom it is sworn.
(6) The jurat shall state the full
address of the place where the
affidavit was sworn, the date
when it was sworn and the name
and title of the person before
whom it was sworn.
Rule 5—Affidavit by Two or More
Deponents
Where an affidavit is made by two or
more deponents, the names of the
person making the affidavit
shall be inserted in the jurat
except that if the affidavit is
sworn by both or all the
deponents at one time before the
same person, it is sufficient to
state that it was sworn by both
or all of the "above named"
deponents.
Rule 6—Affidavit by Illiterate or
Blind Person
(1) Where it appears to the person
administering the oath that the
deponent is illiterate or blind,
the person administering the
oath shall certify in the jurat
that
(a) the affidavit was read to the
deponent in the presence of the
person administering the oath;
(b) the deponent seemed perfectly to
understand it; and
(c) the deponent signed or mark the
affidavit in his presence of the
person administering the oath.
(2) An affidavit sworn by a deponent
to whom subrule (1) applies
shall not be used in evidence
without the certificate referred
to in the subrule unless the
Court is otherwise satisfied
that it was read to and appeared
to be perfectly understood and
approved by the deponent.
Rule 7—Use of Defective Affidavit
An affidavit may with leave of the
Court be filed or used in
evidence notwithstanding any
irregularity in its form.
Rule 8—Contents of Affidavit
(1) An affidavit shall contain only
facts that the deponent can
prove, unless any provision of
these Rules provides that it may
contain a statement of
information or belief or both.
(2) An Affidavit sworn for the purpose
of being used in interlocutory
proceedings may contain a
statement of information or
belief or both with the source
of the information and the
grounds of the belief.
Rule 9—Scandalous and Irrelevant
Matter in Affidavit
The Court may order any matter which
is scandalous, offensive,
irrelevant or otherwise
oppressive to be struck out of
an affidavit.
Rule 10—Alterations in Affidavit
(1) An affidavit which has in the body
or jurat any interlineation,
erasure or other alteration
shall not be filed or used in
any proceedings without leave of
the Court unless the person
before whom the affidavit was
sworn has initialled the
alteration and, in the case of
an erasure, has re-written in
the margin of the affidavit any
words or figures written on the
erasure and has signed or
initialled them.
(2) Where an affidavit is sworn at any
office of the Court, the
official stamp of that office
may be substituted for the
signature or initials required
by this rule.
Rule 11—Affidavit not to be Sworn
Before Lawyer of Party
No affidavit shall be acceptable if
sworn before the lawyer of the
party on whose behalf the
affidavit is to be used or
before any agent, partner or
clerk of that lawyer.
Rule 12—Filing of Affidavit
(1) Every affidavit used in any
proceedings shall be filed in
the registry of the Court in
which the proceedings are
brought.
(2) Every affidavit shall be indorsed
with a note showing on whose
behalf it is filed and the date
of filing and an affidavit which
is not so indorsed may not be
filed or used without leave of
the Court.
Rule 13—Use of Original or Copy of
Affidavit
(1) An original affidavit may be used
in any proceedings if it bears a
filing stamp.
(2) Where an original affidavit is
used it shall be filed with the
Registrar.
(3) Where an affidavit has been filed,
an office copy of it may be
tendered in any proceedings
Rule 14—Document Exhibited to
Affidavit
(1) Any document to be used in
conjunction with an affidavit
shall be exhibited and not
merely annexed or attached to
the affidavit.
(2) Any exhibit to an affidavit shall
be identified by a certificate
of the person before whom the
affidavit is sworn.
(3) The certificate shall be titled in
the same manner as the affidavit
and rule 3 subrules (1), (2) and
(3) shall apply accordingly.
Rule 15—Affidavit Taken in Other
Countries
A document purporting to have fixed,
impressed, or subscribed on it
the seal or signature of a
court, judge, notary public or
person with authority to
administer oaths in any country
outside Ghana in testimony of an
affidavit taken before that
court, judge, notary public or
person, shall be admitted in
evidence without proof of the
seal or signature of that court,
judge, notary public or person.
ORDER 21—DISCOVERY AND INSPECTION OF
DOCUMENTS
Rule 1—Mutual Discovery of Documents
(1) After the close of pleadings in an
action there shall be discovery
of documents in accordance with
this Order.
(2) Nothing in this Order shall be
taken as preventing the parties
from agreeing to dispense with
or limit the discovery of
documents which they would
otherwise be required to make to
each other.
Rule 2—Discovery by Parties Without
Order
(1) Subject to this rule, a party in
an action shall within fourteen
days after the pleadings in the
action are closed between that
party and any other party, make
and file for service on the
other party a list of the
documents which are or have been
in that party's possession,
custody or power relating to any
matter in question between them
in the action.
(2) Without prejudice to any
directions given by the Court
under Order 15 rule 4 (1),
subrule (1) of this rule shall
not apply in third party
proceedings, including
proceedings under Order 15
involving fourth or subsequent
parties.
(3) Unless the Court otherwise orders,
a defendant to an action arising
out of a motor accident shall
not make discovery of any
documents to the plaintiff under
subrule (1).
(4) Subrule (1) shall not be taken to
require a defendant
(a) to an action for the recovery of a
penalty under any enactment to
make a discovery of any
documents; or
(b) to an action to enforce a
forfeiture to make discovery of
any documents relating to the
issue of forfeiture.
(5) subrules (3) and (4) shall apply
to a counterclaim as they apply
to an original action.
(6) On the application of any party
required by this rule to make
discovery of documents, the
Court may
(a) order that the parties or any of
them shall make discovery under
subrule (1) of such documents or
such matters in question, as may
be specified in the order; or
(b) if satisfied that discovery is not
necessary, order that there
shall be no discovery of
documents by any of the parties.
(7) An application for an order under
subrule (6) shall be made before
the expiration of the period for
discovery of documents under
this rule.
(8) A party entitled to discovery
under this rule may, at any time
before the application for
directions in the action is
made, serve on the party
required to make the discovery a
notice requiring that party to
make an affidavit verifying the
list that that party is required
to make under subrule (1), and
the party on whom the notice is
served shall within fourteen
days after service of the
notice, make and file an
affidavit in compliance with the
notice and serve a copy of the
affidavit on the party by whom
the notice was served.
Rule 3—Discovery by Court Order
(1) Subject to rule 6, any party to a
cause or matter may apply at the
stage of the application for
directions for such discovery as
is necessary and the Court may,
on the application of the party,
order any other party to the
cause or matter to serve on the
applicant a list of the
documents which are in
respondent's possession, custody
or power relating to any issue
in the cause or matter, and may
at the same time order the
respondent to file an affidavit
verifying the list and serve a
copy of it on the applicant.
(2) Notwithstanding subrule (1) the
Court may after the application
for directions, upon an
application by a party for
reasonable cause shown, order
any other party to make
discovery.
(3) Notwithstanding subrules (1) and
(2), an order under this rule
may be limited to such documents
only, or to only the issues in
the cause or matter as may be
specified in the order.
Rule 4—Persons Entitled to List
(1) A defendant who pleads in an
action is entitled to have a
copy of any list of documents
served by any other defendant on
the plaintiff under rule 2 or 3;
and a plaintiff against whom a
counterclaim is made in an
action is entitled to have a
copy of any list of document
served by any other defendant to
the counterclaim on the party
making the counterclaim under
rule 2 or 3.
(2) A party required by subrule (1) to
supply a copy of a list of
documents shall supply it free
of charge on request made by the
party entitled to it.
(3) In this rule, "list of documents"
includes an affidavit verifying
a list of documents.
Rule 5—Order for Discovery of
Particular Documents
(1) Subject to rule 6, the Court may
at any time, on the application
of any party to the cause or
matter, make an order requiring
any other party to make an
affidavit stating whether any
document specified or described
in the application, has at any
stating whether any document
specified or described in the
application, has at any time
been in that party's possession,
custody or power, and if not
then in the party's possession,
custody or power, when that
party parted with it and what
has become of it.
(2) An application for an order under
this rule shall be supported by
an affidavit stating the belief
of the deponent that, the
respondent from whom discovery
is sought under this rule has,
or at some time had, in the
respondent's possession, custody
or power the document specified
or described in the application
and that it relates to one or
more of the issues in the cause
or matter.
(3) An order may be made against a
party under this rule
notwithstanding that he has made
or been required to make a list
of documents of affidavits under
rule 2 or 3.
Rule 6—Discovery to be Ordered only if
Necessary
On the hearing of an application for
an order under rule 3 or 5, the
Court shall refuse to make the
order if it is of the opinion
that discovery is not necessary
either to dispose fairly of the
cause or matter or to save
costs.
Rule 7—Inspection of Documents
Referred to in List
A party who serves a list of documents
on any other party in compliance
with this Order shall at the
same time serve a notice on that
other party, stating a time
within seven days after the
service, when that other party
may inspect and take copies of
the documents other than any of
those to which the party objects
to produce, at a place specified
in the notice.
Rule 8—Inspection of Documents
Referred to in Pleadings and
Affidavits
(1) A party may at any time serve a
notice on any other party in
whose pleading or affidavit
reference is made to a document
to produce the document for the
inspection of the party giving
the notice and to permit the
party giving the notice to take
copies of it.
(2) A party on whom notice to inspect
documents is served shall within
four days after service of the
notice inform the party giving
the notice of a date within
seven days after the service of
the notice to inspect documents
and of a time between 9.30 a.m.
and 4.30 p.m. when the documents
may be inspected at the office
of the lawyer of the party
served, or at some other
convenient place, and shall at
the time and place named make
the documents available for
inspection.
(3) A party on whom notice to inspect
documents is served shall within
four days after service of the
notice inform the party giving
the notice, of documents the
production of which are objected
to and the grounds of the
objection.
Rule 9—Order for Production for
Inspection
(1) If a party who is required by rule
7 to serve a notice or who is
served with a notice under rule
8 (1)
(a) fails to serve the notice under
rule 7, 8 (2) or 8 (3);
(b) objects to produce any documents
for inspection; or
(c) offers inspection at an
unreasonable time or place,
the Court may, subject to rule 11 (1),
on the application of the party
entitled to inspection, make an
order for production of the
documents in question for
inspection at such time and
place, and in such manner, as it
thinks fit.
(2) Notwithstanding subrule (1), but
subject to rule 11 (1), the
Court may, on the application of
any party to a cause or matter,
order any other party to permit
the party applying, to inspect
any documents in the possession,
custody or power of that other
party which relates to any issue
in the cause or matter.
(3) An application for an order under
subrule (2) shall be supported
by an affidavit specifying or
describing the documents of
which inspection is sought and
stating the belief of the
deponent that they are in the
possession, custody or power of
the other party and that they
relate to an issue in the cause
or matter.
Rule 10—Order for Production to Court
At any stage of the proceedings in any
cause or matter the Court may,
subject to rule 12 (1), order
any party to produce to the
Court any document in the
party's possession, custody or
power relating to any issue in
the cause or matter and the
Court may deal with the document
when produced in such manner as
it thinks fit.
Rule 11—Production to be Ordered only
if Necessary
(1) An order for the production of any
document for inspection or to
the Court shall not be made
under any of these Rules unless
the Court is of opinion that the
order is necessary either to
dispose fairly of the cause or
matter or to save costs.
(2) Where, on an application under
this Order for production of a
document for inspection or to
the Court, privilege from the
production is claimed or
objection is made to the
production on any other ground,
the Court may inspect the
document to decide whether the
claim or objection is justified.
Rule 12—Production of Business Records
(1) Where production of any business
records for inspection is
applied for under these Rules,
the Court may, instead of
ordering production of the
original records for inspection,
order a copy of any entries in
it to be supplied and verified
by an affidavit of a person who
has examined the copy with the
original records.
(2) The affidavit shall state whether
or not there are in the original
records any and if so what
erasures, interlineations or
alterations.
(3) Notwithstanding that a copy of an
entry in any record has been
supplied under this rule, the
Court may order the production
of the record from which the
copy was made.
Rule 13—Withholding Document or Record
in the Public Interest
This Order shall be without prejudice
to any rule of law which
authorises or requires the
withholding of any document or
record on the ground that the
disclosure of it would be
injurious to the public
interest.
Rule 14—Failure to Make Discovery
(1) If any party who is required by
any of these Rules, or any order
made under them, to make
discovery of documents or
records, or to produce any
documents or records for the
purpose of inspection or any
other purpose, fails to comply
with any provision of that rule
or with that order, then without
prejudice to rule 9 (1), the
Court may make such order as it
considers just including, in
particular, an order that
(a) the action be dismissed;
(b) the defence be struck out and
judgment entered accordingly;
(c) where the document is favourable
to the party's case, the party
may not use the document at the
trial, except with leave of the
Court; or
(d) where the document is not
favourable to the party's case,
the party may be committed for
contempt.
(2) Service on a party's lawyer of an
order for discovery or
production of documents or
records made against that party
shall be sufficient service to
found an application for
committal of the party
disobeying the order, but the
party may show in answer to the
application sufficient cause for
the failure to obey the order.
(3) Where an order made against the
client of a lawyer is served on
the lawyer and the lawyer fails
without reasonable excuse to
give notice of it to the client,
the lawyer shall be liable to
committal for contempt.
Rule 15—Revocation and Variation of
Orders
Any order made under this Order,
including an order made on
appeal, may, on sufficient cause
shown, be revoked or varied by a
subsequent order or direction of
the Court made or given at or
before the trial of the cause or
matter in connection with which
the original order was made.
ORDER 22—INTERROGATORIES
Rule 1—Discovery by Interrogatories
(1) A party may apply for an order
(a) giving the party leave to serve on
another party interrogatories
relating to any matter in
question between the applicant
and that other party in the
cause or matter; and
(b) requesting that other party to
answer the interrogatories on
affidavit within such period as
may be specified in the order.
(2) The interrogatories shall be as in
Form 10 in the Schedule and the
answer shall be as in Form 11 in
the Schedule.
(3) A copy of the proposed
interrogatories shall be served
with the application, or the
notice under Order 32 rule 4 or
rule 9 by which the application
for the leave is made.
(4) On the hearing of an application
under this rule, Court shall
give leave only of the
interrogatories which it
considers necessary either to
dispose fairly of the cause or
matter or to save costs.
(5) In deciding whether to give leave
the Court shall take into
account any offer made by the
party to be interrogated to give
particulars or to make
admissions or to produce
documents relating to any matter
in question.
(6) A proposed interrogatory which
does not relate to a matter
mentioned in paragraph (a) of
subrule (1) shall be disallowed,
notwithstanding that it might be
admissible in oral cross
examination of a witness.
Rule 2—Interrogatories where Party is
a Body of Persons
Where a party is a body of persons,
whether corporate or not, being
a body which is empowered by law
to sue and be sued whether in
its own name or in the name of
an officer or other person, the
Court may, on the application of
any other party, make an order
allowing that other party to
serve interrogatories on such
officer or member of the body as
may be specified in the order.
Rule 3—Statement as to Party Required
to Answer
Where interrogatories are to be served
on two or more parties or are
required to be answered by an
agent or servant of a party, a
note at the end of the
interrogatories shall state
which of the interrogatories
each party or, an agent or
servant is required to answer.
Rule 4—Privilege
Where a person objects to answering
any interrogatory on the ground
of privilege, the person may
state the objection in the
person's affidavit in answer.
Rule 5—Insufficient Answers
If a person on whom interrogatories
have been served answers any of
them insufficiently, the Court
may make an order requiring the
person to make a further answer
either by affidavit or on oral
examination as the Court may
direct.
Rule 6—Failure to Comply with Order
(1) If a party against whom an order
is made under rule 1 or 5 fails
to comply with it, the Court may
make such order as it considers
just including, in particular,
an order that the action be
dismissed or, an order that the
defence be struck out and
judgment be entered accordingly.
(2) If a party against whom an order
is made under rule 1 or 5 fails
to comply with it, then,
notwithstanding subrule (1), he
shall be liable to committal for
contempt.
(3) Service on a party's lawyer of an
order to answer interrogatories
made against the party shall be
sufficient service to found an
application for committal of the
party disobeying the order, but
the party may show in answer to
the application that the party
had no notice or knowledge of
the order.
(4) A lawyer on whom an order to
answer interrogatories made
against a client is served and
who fails without reasonable
excuse to give notice of it to
the client shall be liable to
committal for contempt.
Rule 7—Use of Answer to
Interrogatories at Trial
(1) A party may put in evidence at the
trial of any cause or matter, or
of any issue in it, some of the
answers to interrogatories, or
part of an answer, without
putting in evidence the other
answers or, the whole of that
answer.
(2) Notwithstanding subrule (1), the
Court may look at the whole of
the answers and if it is of the
opinion that any other answer or
other part of an answer is so
connected with an answer, or any
part of it used in evidence that
the one ought not to be used
without the other, the Court may
direct that, that other answer
or part shall be put in
evidence.
Rule 8—Revocation and Variation of
Orders
An order made under this Order,
including an order made on
appeal may, on sufficient cause
shown, be revoked or varied by a
subsequent order or direction of
the Court made or given at or
before the trial of the cause or
matter in connection with which
the original order was made.
ORDER 23—ADMISSIONS
Rule 1—Notice of Admission of Facts
A party to a cause or matter may give
notice, by that party's
pleadings, or otherwise in
writing, that the party admits
the truth or the whole or any
part of the case of any other
party.
Rule 2—Request to Admit Fact or
Document
(1) A party may at any time, by
serving a request to admit,
request any other party to admit
for the purposes of the cause or
matter only, the truth of a fact
or the authenticity of a
document. The request shall be
as in Form 12 in the Schedule.
(2) A copy of any document mentioned
in the request to admit shall,
where practicable, be served
with the request, unless a copy
is already in the possession of
the other party.
Rule 3—Effect of Request to Admit
(1) A party on whom a request to admit
is served shall respond to it
within fourteen days after it is
served by serving on the
requesting party a response to
request to admit. The response
shall be as in Form 13 in the
Schedule.
(2) Where the party on whom the
request is served fails to serve
a response as required by
subrule (1), the party shall be
deemed, for the purposes of the
cause or matter only, to admit
the truth of the facts or the
authenticity of the documents
mentioned in the request to
admit.
(3) A party shall also be deemed, for
the purposes of the cause or
matter only, to admit the truth
of the facts or the authenticity
of the documents mentioned in
the request, unless the party's
response
(a) specifically denies the truth of a
fact or the authenticity of a
document mentioned in the
request; or
(b) refuses to admit the truth of a
fact or the authenticity of a
document and sets out the reason
for the refusal.
Rule 4—Costs on Refusal to Admit
Where a party denies or refuses to
admit the truth of a fact or the
authenticity of a document after
receiving a request to admit,
and the fact or document is
subsequently proved at the
hearing, the Court may take the
denial or refusal into account
in exercising its discretion
with respect to costs.
Rule 5—Withdrawal of Admission
An admission made in response to a
request to admit or an admission
under rule 2 or an admission in
a pleading may be withdrawn on
consent or with leave of the
Court.
Rule 6—Order Based on Admission of
Fact or Document
(1) Where an admission of the truth of
a fact or the authenticity of a
document is made
(a) in an affidavit filed by a party;
(b) in the examination for discovery
of a party or a person examined
for discovery on behalf of a
party; or
(c) by a party on any other
examination under oath or
affirmation in or out of court
any party may apply to the Court or
Judge in the same or another
cause or matter for such order
as the party may be entitled to
on the admission without waiting
for the determination of any
other question between the
parties, and the Court or Judge
may make such order as is just.
(2) Where an admission of the truth of
a fact or the authenticity of a
document is made by a party in a
pleading or is made or deemed to
be made by a party in response
to a request to admit, any party
may apply by motion to the Court
or to the Judge for such order
as the party may be entitled to
on the admission without waiting
for the determination of any
question between the parties,
and the Court or the Judge may
make such order as is just.
ORDER 24—SECURITY FOR COSTS
Rule 1—Security for costs of
Proceedings
(1) Where, on the application of a
defendant, it appears to the
Court that
(a) the plaintiff is ordinarily
resident outside Ghana;
(b) the plaintiff, not being a
plaintiff who is suing in a
representative capacity, is a
nominal plaintiff who is suing
for the benefit of some other
person and that there is reason
to believe that the plaintiff
will not be able to pay the
costs of the defendant if
ordered to do so;
(c) subject to subrule (2), the
plaintiff's address is not
stated in the originating
process or is incorrectly stated
in it; or
(d) the plaintiff's address has been
changed during the course of the
proceedings with a view to
evading the consequences of the
litigation,
the Court may, having regard to all
the circumstances of the case,
order the plaintiff to give such
security for the defendant's
costs of the proceedings as it
thinks just.
(2) The Court shall not require a
plaintiff to give security by
reason only of paragraph (c) of
subrule (1) if the plaintiff
satisfies the Court that the
failure to state the address of
the plaintiff or the
mis-statement of the address was
made inadvertently and without
an intention to deceive.
(3) References in this Order to a
plaintiff and a defendant shall
be construed as references to
the person (howsoever described)
who is in the position of
plaintiff or defendant in the
cause or matter.
(4) Where an order is made requiring
any party to give security for
costs the security shall be
given in such manner, at such
time and on such terms as the
Court may direct.
Rule 2—Default of Plaintiff
Where a plaintiff defaults in giving
the security required by an
order, the Court may, on an
application by the defendant
dismiss the cause or matter
against the defendant who
obtains the order.
ORDER 25—INTERLOCUTORY INJUNCTION,
INTERIM PRESERVATION OF PROPERTY
Rule 1—Application for Injunction
(1) The Court may grant an injunction
by an interlocutory order in all
cases in which it appears to the
Court to be just or convenient
to do so, and the order may be
made either unconditionally or
upon such terms and conditions
as the Court considers just.
(2) A party to a cause or matter may
apply for the grant of an
injunction before, or after the
trial of the cause or matter,
whether or not a claim for the
injunction was included in the
party's writ, counterclaim or
third party notice.
(3) The applicant shall attach to the
Motion paper and supporting
affidavit, a Statement of Case
setting out fully arguments,
including all relevant legal
authorities, in support of the
application.
(4) A respondent who desires to oppose
the application shall file an
affidavit in opposition as well
as a Statement of Case
containing full arguments and
the legal authorities to be
relied on.
(5) Whenever possible, a draft of the
order sought (copies of which
may be obtained from the Fast
Track High Court) should be
filed with the application to
facilitate speedy preparation
and sealing of the order.
(6) The application may be considered
on the basis of the papers filed
and the court may direct, where
necessary, the lawyer address it
on specific points of law and
facts.
(7) In case of urgency, a party may
make the application ex-parte
supported by an affidavit
(8) An application made ex-parte under
subrule (3) shall not be granted
unless the applicant gives
sufficient reasons for making it
ex-parte and specifies some
irreparable damage or mischief
which will be caused to the
plaintiff if the plaintiff
proceeds in the ordinary way.
(9) Where an order is made pursuant to
an application made ex-parte
under subrule (3) it shall not
remain in force for more than
ten days.
(10) If no application is made on
notice to extend the order it
shall lapse after the expiration
of ten days from the making of
the order unless the Court
otherwise directs.
(11) The Court may upon application by
any party affected set aside an
order made ex-parte under
subrule (7) on such terms as it
considers fit.
(12) The plaintiff shall not make such
an application before the issue
of the writ.
Rule 2—Detention, Preservation of
Property
(1) On the application of any party to
a cause or matter the Court may
make an order for the detention,
custody or preservation of any
property which is the
subject-matter of the cause or
matter or in respect of which
any question may arise in the
action, or may order the
inspection of any such property
in the possession of a party.
(2) To enable an order under subrule
(1) to be carried out the Court
may by the order authorise any
person to enter upon any land or
building in the possession of
any party to the cause or
matter.
(3) Where the right of a party to a
specific fund is disputed, the
Court may, on the application of
a party to the cause or matter,
order the fund to be paid into
court or otherwise secured.
(4) An order under this rule may be
made on such terms as the Court
considers just.
(5) Unless the Court otherwise
directs, a defendant may not
apply for such an order before
the defendant files appearance.
Rule 3—Power to Order Samples to be
Taken
(1) Where it considers it necessary or
expedient for the purpose of
obtaining full information or
evidence in any cause or matter,
the Court may, on the
application of a party to the
cause or matter, and on such
terms as it thinks just, by
order authorise or require any
sample to be taken of any
property which is the
subject-matter of the cause or
matter or as to which any
question may arise therein, any
observation to be made on such
property or an experiment to be
carried out on or with such
property.
(2) To enable an order under subrule
(1) to be carried out the Court
may by the order authorise any
person to enter upon any land or
building in the possession of
any party to the cause or
matter.
(3) Unless the Court otherwise
directs, an application by a
defendant for an order under
this rule may not be made before
filing appearance.
Rule 4—Sale of Perishable Property
(1) The Court may, on the application
of any party to a cause or
matter, make an order for the
sale by the applicant in such
manner and on such terms as may
be specified in the order of any
perishable property which is the
subject matter of the cause or
matter or as to which any
question arises therein and
which for any other good reason
it is desirable to sell
forthwith.
(2) Unless the Court otherwise
directs, an application by a
defendant for an order under
this rule may not be made before
filing an appearance.
Rule 5—Order for Early Trial
(1) Where on the hearing of an
application, made before the
trial of the cause or matter for
an injunction or the appointment
of a receiver or an order under
rules 2, 3 or 4, it appears to
the Court that the matter in
dispute can be better dealt with
by an early trial than by
considering the whole merits for
the purposes of the application,
the Court may make an order
accordingly and may also make
such order with respect to the
period before trial as the
justice of the case requires.
(2) Where the Court makes an order for
early trial it shall by the
order determine the place and
mode of the trial.
(5) Unless the Court otherwise
directs, a defendant may not
apply for such an order.
Rule 6—Recovery of Movable Property
Subject to Lien
Where the plaintiff, or the defendant
by way of counterclaim, claims
the recovery of specific movable
property and the party from whom
recovery is sought does not
dispute the title of the party
making the claim but claims to
be entitled to retain the
property by virtue of a lien or
otherwise as security for any
sum of money, the Court may, at
any time after the claim to be
so entitled as appears from the
pleadings or by affidavit or
otherwise to its satisfaction,
order
(a) that the party seeking to recover
the property may pay into court,
to abide by the event of the
action, the amount of money in
respect of which the security is
claimed and such further sum, if
any, for interest and costs as
the Court may direct; and
(b) that, upon such payment being
made, the property claimed be
given up to the party claiming
it, but subject to the
provisions of the Exchange
Control Act, 1961 (Act 71) where
applicable.
Rule 7—Directions
(1) Where an application is made under
any of the foregoing provisions
of this Order, the Court may
give directions as to the
further conduct of the cause or
matter.
(2) Where in an action, not being an
action mentioned in subrule (3),
the Court considers fit to give
directions under this rule
before the application for
directions, Order 32 rules 4 to
9 shall, with the omission of so
much of Order 32 rule 4 as
requires parties to file a
notice specifying the orders and
directions which they desire and
with any other necessary
modifications, apply as if the
application were an application
for directions.
(3) Subrule (2) applies to all actions
except
(a) actions in which directions have
been given under Order 11 rule
20 or Order 14 rule 6;
(b) actions in which an order for the
taking of an account has been
made under Order 29; and
(c) actions for the infringement of a
patent.
Rule 8—Allowance of Income of Property
Pending Suit
Where movable or immovable property
forms the subject matter of any
cause or matter, and the Court
is satisfied that it will be
more than sufficient to answer
all the claims for which
provision ought to be made in
the cause or matter, the Court
may at any time allow the whole
or part of the income of the
property to be paid, during such
period as it may direct, to any
or all of the parties who have
an interest therein or may
direct that any part of the
movable property be transferred
or delivered to any or all of
such parties.
Rule 9—Undertaking as to Damages
(1) Where an application is made under
rules 1 and 2 of this Order the
Court shall, if the application
is opposed, require, before
making an order, that the
applicant shall give an
undertaking to the person
opposing the application to pay
any damages that person may
suffer as a result of the grant
of the application if it turns
out in the end that the
applicant was not entitled to
the order.
(2) The giving of an undertaking
required under subrule (1) shall
be a precondition to the making
of any order under rules 1 and 2
of this order.
(3) Where an applicant gives the
undertaking the Court shall at
the end of the proceedings in
which the undertaking was given
assess the damages, if any,
which the person who opposed the
application has suffered and
which the applicant is liable to
pay and shall give such judgment
as the circumstances require.
ORDER 26—COURT EXPERT
Rule 1—Appointment of Court Expert
In any cause or matter in which a
question for an expert witness
arises, the Court may at any
time appoint an independent
expert (in this Order referred
to as a "court expert" in
accordance with section 114 of
the Evidence Decree,
1975(N.R.C.D. 323).
Rule 2—Report of Court Expert
(1) On receiving the report of the
court expert the Registrar shall
send one copy to each party or
the party's lawyer.
(2) The Court may if necessary direct
the court expert to make a
further or supplementary report.
Rule 3—Experiments and Tests
If the court expert is of opinion that
an experiment or test of any
kind, other than one of a
trifling nature, is necessary to
enable the expert make a
satisfactory report the expert
shall apply to the Court with
notice to the parties or their
lawyers for directions with
regard to the expenses involved,
the persons to attend and other
relevant matters and the Court
may make such orders as may be
just.
Rule 4—Cross-examination
(1) Any party may, within fourteen
days after receiving a copy of
the court expert's report, apply
to the Court for an order that
the court expert be required to
attend to be cross-examined on
the report.
(2) At the hearing of the application
the Court shall make an order
for the cross-examination of the
expert by all the parties either
(a) at the trial; or
(b) before an examiner at such time
and place as may be specified in
the order.
Rule 5—Remuneration of Court Expert
(1) The remuneration of a court expert
shall be determined by the Court
and shall include a fee for the
expert's report and a sum for
each day on which the expert is
required to be present either in
Court or before an examiner.
(2) Where the appointment of a court
expert is opposed, the Court
may, as a condition for making
the appointment, require the
party applying for the
appointment to give such
security for the remuneration of
the expert as the Court
considers fit.
Rule 6—Calling of Experts
(1) When a court expert is appointed,
any party may call one expert
witness to give evidence on the
matter reported on by the court
expert if the party gives notice
of such intention within a
reasonable time to the other
party.
(2) A party may not call more than one
expert witness without leave of
the Court, and the Court shall
not grant leave unless it
considers the circumstances to
be exceptional.
ORDER 27—RECEIVERS
Rule 1—Appointment of Receiver
(1) The Court may appoint a receiver
by an interclocutory order in
all cases in which it appears to
the Court to be just or
convenient to do so; and the
order may be made either
unconditionally or upon such
terms and conditions as the
Court thinks just.
(2) Any party to a cause or matter may
apply to the Court for the
appointment of a receiver.
Rule 2—Ancillary Injunction
(1) An application for an injunction
ancillary to an order appointing
a receiver may be joined with
the application for such order.
(2) An applicant who wishes to apply
for the immediate grant of an
injunction, may do so ex-parte
on affidavit, and on hearing the
application the Court may grant
an injunction restraining the
party beneficially entitled to
any interest in the property of
which a receiver is sought from
assigning, charging or otherwise
dealing with that property until
after the hearing of an
application for the appointment
of the receiver.
Rule 3—Security by Receiver
(1) A judgment or order directing the
appointment of a receiver may
include such directions as the
Court thinks fit for the giving
of security by the receiver.
(2) Where by virtue of subrule (1), or
of any judgment or order
appointing a person named to be
a receiver, the person is
required to give security in
accordance with this rule the
person named shall give security
approved by the Court to account
for what the person receives and
to deal with it as the Court
directs.
(3) Unless the Court otherwise
directs, the security shall be
by guarantee or by a written
undertaking having regard to the
amount for which the security is
to be given.
(4) The guarantee or written
undertaking shall be filed in
the registry and it shall be
kept as part of the record until
vacated.
Rule 4—Remuneration of Receiver
A person appointed receiver shall be
allowed such reasonable
remuneration as may be fixed by
the Court.
Rule 5—Receiver's Accounts
(1) A receiver shall submit accounts
to the Court at such intervals
or on such dates as the Court
may direct in order that they
may be passed.
(2) Unless the Court otherwise
directs, each account submitted
by a receiver shall be
accompanied by an affidavit
verifying it.
(3) The receiver's accounts and
affidavit shall be filed at the
registry and the plaintiff or
party conducting the cause or
matter shall then obtain an
appointment for the purpose of
passing the accounts before the
Registrar.
(4) The passing of a receiver's
account shall be certified by
the Registrar.
Rule 6—Payment of Balance by Receiver
The days on which a receiver shall pay
into court the amounts shown by
his accounts as due from him, or
such part of it as the Court may
certify as proper to be paid in
by him, shall be fixed by the
Court.
Rule 7—Receiver's Default
(1) Where a receiver fails to attend
for the passing of any accounts
prepared by the receiver or
fails to submit accounts, make
an affidavit or do any other
thing which the receiver is
required to submit, make or do,
the receiver and any or all of
the parties to the proceedings
in which the receiver was
appointed may be required to
attend in chambers to show cause
for the failure, and the Court
may, either in chambers or after
adjournment into open court,
give such directions as it
cosiders proper including, if
necessary, directions for the
discharge of the receiver and
the appointment of another and
the payment of costs.
(2) Without prejudice to subrule (1),
where a receiver fails to attend
for the passing of any account
prepared by the receiver or
fails to submit any account or
fails to pay into court on the
date fixed by the Court any sum
shown by the account as due from
the receiver, the Court may
disallow any remuneration
claimed by the receiver.
(3) Where a court or receiver fails to
pass accounts prepared by that
receiver or to pay into court
any money due from that
receiver, any party who has an
interest in the accounts or the
money may apply for an order
calling upon the receiver to
show cause why an order for
committal or sequestration
should not be made against the
receiver.
(4) The Court upon hearing an
application under subrule (3)
may
(a) order the receiver to file that
accounts within a period
specified in the order;
(b) order that the receiver shall pay
into court any amount found to
be due from the receiver; or
(c) make an order for committal or
sequestration against the
receiver.
ORDER 28—INQUIRIES
Rule 1—General Power to Direct
Inquiries
(1) The Court may, on an application
made at any stage of a cause or
matter, direct any necessary
inquiries to be made.
(2) Every direction for the making of
an inquiry shall be numbered in
the judgment or order so that
each distinct inquiry may be
designated by a number.
Rule 2—Inquiry by Referee
(1) The Court may refer to a referee
for inquiry and report any
question or issue of fact raised
in a cause or a matter before
it.
(2) For the purpose of this rule the
referee shall be appointed by
the Court and shall receive such
remuneration as the Court may
direct.
(3) Unless the Court otherwise orders,
the further consideration of the
cause or matter shall stand
adjourned until the receipt of
the referee's report.
Rule 3—Hearing for Directions
(1) The party directed by the Court
shall forthwith have the order
directing the reference signed
and entered and, within ten days
after entry, request an
appointment with the referee for
a hearing to consider directions
for the reference and, in
default, any other party having
an interest in the reference may
assume the conduct of it.
(2) A notice of hearing for directions
and a copy of the order
directing the reference shall be
served on every other party to
the cause or matter at least
five days before the hearing
unless the referee directs
otherwise.
(3) At the hearing for directions, the
referee shall give such
directions for proceeding with
the reference as are just,
including
(a) the time and place at which the
reference is to proceed;
(b) any special directions concerning
the parties who are to attend;
and
(c) any special directions concerning
what evidence is to be received
and how documents are to be
proved.
(4) The directions may be varied or
supplemented during the course
of the reference.
(5) A party served with notice of a
reference under subrule (2) who
does not appear in response to
the notice is not entitled to
notice of any step in the
reference and need not be served
with any document in the
reference, unless the referee
orders otherwise.
Section 4—Report on Reference
(1) The report made by a referee
following a reference under this
rule shall be filed with the
Court and notice of it shall be
served on the parties to the
reference.
(2) The referee may in the report
submit any question arising from
it to the Court for decision or
make a special statement of
facts from which the Court may
draw such inferences as it
considers fit.
(3) On receiving the referee's report
the Court may
(a) adopt the report in whole or in
part;
(b) vary the report;
(c) require an explanation from the
referee;
(d) remit the whole or any part of the
question or issue originally
referred to the referee for
further consideration by the
referee or any other referee; or
(e) decide the question or issue
originally referred to the
referee on the evidence taken
before the referee, either with
or without additional evidence.
(4) Notwithstanding subrule (3) where
the report of a referee has been
made in a cause or matter, which
has been adjourned, any party
may on the next hearing date
apply orally to the Court to
adopt the report or with leave
of the Court give not less than
four days' notice by motion, for
the Court to vary the report or
to remit the cause or matter or
any part of it for re-hearing or
further consideration to the
same or any other referee.
(5) Where on a reference under this
rule the Court orders that
proceedings shall stand
adjourned until the receipt of
the referee's report, the order
may contain directions with
respect to the proceedings on
the receipt of the report and
the provisions of this rule
shall have effect subject to any
such directions.
Rule 5—Powers of Referee
(1) A referee shall, subject to any
directions contained in the
order directing the reference,
devise and adopt the simplest,
least expensive and most
expeditious manner of conducting
the reference and may
(a) give such directions as are
necessary; and
(b) dispense with any procedure
ordinarily taken that the
referee considers to be
unnecessary or adopt a procedure
different from that ordinarily
taken.
(2) A referee may hold the proceedings
at any place which appears to
the referee to be convenient.
(3) A referee may adjourn proceedings
as the referee thinks fit.
ORDER 29—ACCOUNTS
Rule 1—Summary Order for Account
(1) Where a writ indorsed with a claim
includes a claim for an account
or a claim which necessarily
involves taking an account, the
plaintiff may, at any time after
the defendant has filed
appearance or after the time
limited for filing appearance
apply for an order for account
under this rule.
(2) An application under this rule
shall be supported by affidavit
or other evidence if the Court
so directs.
(3) On the hearing of the application
the Court may, unless satisfied
by the defendant by affidavit or
otherwise that there is some
preliminary question to be
tried, order that an account be
taken, and may also order that
any amount certified on taking
the account to be due to either
party be paid to that party
within a time specified in the
order.
Rule 2—Court May Direct Taking of
Account
(1) The Court may, on an application
made at any stage in the cause
or matter, direct any necessary
accounts to be taken.
(2) Every direction for the taking of
an account shall be numbered in
the judgment or order so that
each distinct account may be
designated by a number.
Rule 3—Directions as to Manner of
Taking Account
(1) Where the Court orders an account
to be taken it may by the same
or a subsequent order give
directions with regard to the
manner in which the account is
to be taken or verified.
(2) Notwithstanding subrule (1), the
Court may direct that in taking
an account the relevant books of
account shall be evidence of the
matters contained in them with
liberty to the parties
interested in them to take such
objections as they think fit.
Rule 4—Accounts to be Verified
(1) Where an account has been ordered
to be taken, the accounting
party shall make out an account
and, unless the Court otherwise
directs, verify it by an
affidavit to which the account
shall be exhibited.
(2) The items on each side of the
account shall be numbered
consecutively.
(3) Unless the order for the taking of
the account otherwise directs,
the accounting party shall file
the account with the Court with
notice to the other parties.
Rule 5—Notice to be Given of Alleged
Omission in Account
Any party who seeks to charge an
accounting party with an amount
beyond
(a) that prepared by the accounting
party,
(b) which the party admits to have
received, or
Who alleges that any item in the
account is erroneous in respect
of an amount or in any other
respect, shall give the
accounting party notice of it
stating, the amount sought to be
charged with brief particulars
of the grounds for alleging that
the item is erroneous.
Rule 6—Allowances
In taking any account directed by a
judgment or order all just
allowances shall be made taking
into consideration
(a) money received or that which might
have been received but for
wilful neglect or default;
(b) allowance for rent; and
(c) necessary repairs, improvements,
costs and other expenses
properly incurred.
Rule 7—Distribution of Fund before all
Persons Entitled are Ascertained
Where some of the persons entitled to
share in a fund are ascertained
and difficulty or delay has
occurred or is likely to occur
in ascertaining the other
persons so entitled, the Court
may order or allow immediate
payment of the shares of the
persons ascertained without
reserving any part of those
shares to meet the subsequent
cost of ascertaining those other
persons.
Rule 8—Guardian's Account
A guardian's account shall be verified
and passed in the same manner as
that provided under Order 27 in
relation to a receiver's account
or in such other manner as the
Court may direct.
ORDER 30—SALE OF LAND BY ORDER OF
COURT
Rule 1—Power to Order Sale of Land
(1) Where in any cause or matter
relating to immovable property
it appears necessary or
expedient for the purposes of
the cause or matter that the
immovable property or any part
of it should be sold, the Court
may order the immovable property
or part of it to be sold.
(2) Any party bound by the order and
in possession of that immovable
property or any part of it, or
in receipt of rents or profits
from it, shall deliver up the
possession or receipt to the
purchaser or to such other
person as the Court may direct.
(3) In this Order, "immovable
property" includes any interest
in or right over immovable
property.
Rule 2—Manner of Carrying Out Sale
(1) Where an order is made, whether in
court or in chambers, directing
immovable property to be sold,
the Court may permit the party
or person having the conduct of
the sale to sell the immovable
property in such manner as that
person thinks fit, or may direct
that the immovable property be
sold in such manner as the Court
may either by the order or under
subrule (4) direct for the best
price that can be obtained, and
all proper parties shall join in
the sale and conveyance as the
Court shall direct.
(2) The party entitled to prosecute
the order shall apply to the
Court for directions for sale
and
(a) file a copy of the order at the
registry with a certificate that
it is a true copy of the order;
and
(b) subject to subrule (3) proceed
with the order.
(3) Where an order for sale contains
directions with regard to
effecting the sale, the party
entitled to prosecute the order
shall not make an application
under subrule (2) unless he
requires further directions of
the Court.
(4) On the hearing of the application
the Court may give such
directions as it thinks fit for
the purpose of effecting the
sale, including, without
prejudice to the generality of
the foregoing, directions
(a) appointing the party or person who
is to have the conduct of the
sale;
(b) fixing the manner of sale, whether
by contract conditional on the
approval of the Court, private
treaty, public auction, tender
or some other manner;
(c) fixing a reserve or minimum price;
(d) requiring payment of the purchase
money into court or to trustees
or other persons;
(e) for settling the particulars and
conditions of sale;
(f) for obtaining evidence of the
value of the property; and
(g) fixing the security, if any, to be
given by the auctioneer, where
the sale is to be by public
auction, and the remuneration to
be allowed the auctioneer.
Rule 3—Certifying Result of Sale
(1) Where the Court directs payment of
the purchase money into court or
otherwise directs, the result of
a sale by order of the Court
shall be certified
(a) in the case of a sale by public
auction, by the auctioneer who
conducted the sale; or
(b) in any other case, by the lawyer
of the party or person having
the conduct of the sale, and the
Court may require the
certificate to be verified by
affidavit of the auctioneer or
lawyer.
(2) The lawyer of the party or person
having the conduct of the sale
shall file a copy of the
certificate and any affidavit at
the registry.
Rule 4—Mortgage, Exchange or Partition
Under Order of Court
Rules 2 and 3 shall so far as
applicable and with the
necessary modifications, apply
to the mortgage, exchange or
partition of any immovable
property under an Order of the
Court as they apply to the sale
of immovable property under such
an order.
ORDER 31—ASSIGNMENT AND CONSOLIDATION
Rule 1—Exercise of One Judge's
Jurisdiction by Another
(1) A Judge shall, if the Chief
Justice so Directs, hear and
dispose of an application in a
cause or matter which has been
assigned to another Judge.
(2) Where an application ought to be
made to or jurisdiction
exercised by the Judge by whom a
cause or matter has been tried
and that Judge dies or ceases to
be a Judge or if for any other
reason it is impossible or
inconvenient for that Judge to
act in that cause or matter, the
Chief Justice may nominate
another Judge to whom the
application may be made or by
whom the jurisdiction may be
exercised.
(3) This rule is subject to section
104 of the Courts Act, 1993 (Act
459).
Rule 2—Consolidation of Proceedings
Where two or more causes or matters
are pending in the same Court
and it appears to the Court
(a) that some common question of law
or fact arises in both or all of
them; or
(b) that the rights to relief claimed
are in respect of or arise out
of the same transaction or
series of transactions; or
(c) that for some other reason it is
desirable to make an order under
this rule,
the Court may order those causes or
matters to be consolidated on
such terms as it considers just,
or may order them to be tried at
the same time or one immediately
after another, or may order any
of them to be stayed until the
determination of any other of
them.
ORDER 32—APPLICATION FOR DIRECTIONS
Rule 1—Purpose of Application
(1) In every action to which this rule
applies, an application for
directions shall be made to
enable the Court consider the
preparations for trial, so that
(a) all matters which have not already
been dealt with, may so far as
possible, be dealt with; and
(b) directions may be given as to the
future course of the action as
appear best to secure the just,
expeditious and inexpensive
disposal of it.
(2) This rule applies to all actions
except
(a) actions in which directions are
given under Order 11 rule 19,
Order 14 rule 6 and Order 25
rule 7;
(b) actions in which an order for the
taking of an account is made
under Order 29 rule 1;
(c) actions for the infringement of a
patent; and
(d) actions or proceedings under Order
65.
Rule 2—Application by Plaintiff
(1) In every action to which rule 1
applies, the plaintiff shall
within one month after the
pleadings in the action are
closed, file notice of an
application for directions for
service on all the other parties
to the action.
(2) There shall be at least eight days
between the date of service of
the notice and the day named in
the notice for the hearing of
the application.
(3) Where, in the case of an action in
which discovery of documents is
required to be made by any party
under Order 21, rule 2 and the
period of fourteen days referred
to in Order 21 rule 2 (1) is
extended, subrule (1) of this
rule shall have effect in
relation to that action as if
for the reference to one month
after the pleadings are closed
there were substituted a
reference to fourteen days after
the expiration of the period
referred to in Order 21 rule 2
(1) as so extended.
(4) In the case of an action which is
proceeding in respect of a
counterclaim only, the reference
in this rule to the plaintiff
shall be construed as a
reference to the party making
the counterclaim.
Rule 3—Failure of Plaintiff to Apply
for Directions
(1) Where the plaintiff does not apply
for directions in accordance
with rule 2, a defendant may do
so or may apply for an order to
dismiss the action.
(2) Where a defendant applies to
dismiss the action under subrule
(1), the Court may either
dismiss the action on such terms
as may be just or deal with the
application as if it were an
application for directions.
(3) In the case of an action which is
proceeding in respect of a
counterclaim only, reference in
this rule to the plaintiff and
defendant shall be construed
respectively as references to
the party making the
counterclaim and the defendant
to the counterclaim.
Rule 4—Directions Required by other
Parties
Any party on whom an application for
directions is served in
accordance with rule 2 shall
apply at the hearing of that
application for any order or
directions which that party may
desire as to any matter capable
of being dealt with on an
interlocutory application in the
action and shall, not less than
seven days before the hearing of
the application for directions,
file for service on the other
parties a notice specifying
those orders and directions if
they differ from the orders and
directions asked for in the
application for directions.
Rule 5—Duty to Consider all Matters
(1) When an application for directions
first comes to be heard, the
Court shall consider whether
(a) it is possible to deal at the time
with all the matters which, by
the subsequent rules of this
Order, are required to be
considered on the hearing of the
application for directions, or
(b) it is expedient to adjourn the
consideration of all or any of
those matters until a later
stage.
(2) When an application for directions
first comes to be heard and the
Court considers that it is
possible to deal then with all
the matters, it shall deal with
them immediately and shall
endeavour to ensure that all
other matters which must or can
be dealt with on an
interlocutory application and
have not already been dealt with
are also then dealt with.
(3) When an application for directions
first comes to be heard and the
Court considers that it is
expedient to adjourn the
consideration of all or any of
the matters which by the
subsequent rules of this Order
are required to be considered on
the hearing of the application,
the Court shall deal immediately
with such of those matters as it
considers can conveniently be
dealt with immediately and shall
adjourn the consideration of the
remaining matters and endeavour
to ensure that all other matters
which must or can be dealt with
on an interlocutory application
and have not already been dealt
with are dealt with either then
or at a resumed hearing of the
application for directions.
(4) Except with the agreement of the
parties, no order as to the
place or mode of trial shall be
made until all matters have been
dealt with which, by the
subsequent rules of this Order,
are required to be considered on
the hearing of the application
for directions.
(5) Where, on an application for
directions, an action is ordered
to be transferred to another
court, subrule (4) shall not
apply and nothing in this Order
shall be construed as requiring
the Court to make any further
order on the application.
(6) Where the hearing of an
application for directions is
adjourned sine die, any party
may apply to the Registrar to
restore it to the Cause List;
and the Registrar shall give 2
day's notice of the hearing date
to the other parties.
Rule 6—Particular Matters for
Consideration
Where the hearing of an application
for directions the Court shall
in particular consider if
necessary on its own motion
whether any order should be made
or direction given in the
exercise of any of the powers
conferred under Part VIII of the
Evidence Decree 1975 (N.R.C.D.
323), Order 16 r 5, Order 33 r
4(2) or Order 38 rules 2 to 7 or
any other enactment.
Rule 7—Admissions and Agreements to be
Made
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 7 0f 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;
(c) order any
party to. pay
(d) make any
other appropriate order."
(1) At the hearing of an application
for directions, the Court shall
endeavour to secure that the
parties make admissions and
agreements as to the conduct of
the proceedings which ought
reasonably to be made by them
and shall incorporate in the
order on the application any
admissions or agreements so made
and any refusal to make an
admission or agreement subject
to any special order as to costs
being made at the trial.
(2) Nothing in this rule shall be
construed as requiring the Court
to endeavour to secure that the
parties agree to exclude or
limit any right of appeal.
Rule 8—Duty to give all Information at
Hearing
(1) Subject to subrule (3), no
affidavit shall be used at the
hearing of an application for
directions except by leave or
direction of the Court, but
subject to subrule (5), it shall
be the duty of the parties to
the action and their lawyers to
give any information and produce
any documents at the hearing of
the application as the Court may
reasonably require to enable it
deal properly with the
application.
(2) The Court may, if it appears just
so to do in a case involving the
security of the State, authorise
any information or document to
be given or produced to the
Court without being disclosed to
the other party but, in the
absence of such authority, any
iformation or document given or
produced under subrule (1) shall
be given or produced to all the
parties present or represented
at the hearing of the
application as well as to the
Court.
(3) No leave shall be required by
virtue of subrule (1) for the
use of an affidavit by any party
on the hearing of an application
for directions in connection
with any application for any
order if, under these Rules, an
application for the order is
required to be supported by an
affidavit.
(4) Where the Court at the hearing of
an application for directions
requires a party to the action
or his lawyer to give any
information or produce any
document and that information or
document is not given or
produced, then, subject to
subrule (5), the Court may
(a) cause the facts to be recorded
with a view to awarding costs as
may be just at the trial;
(b) order the whole or any part of the
pleadings of the party concerned
to be struck out, if it appears
to the Court just to do so; or
(c) order the action or counterclaim
to be dismissed on such terms as
may be just, if the party is
plaintiff or the claimant under
a counterclaim.
(5) Notwithstanding anything in the
foregoing provisions for this
rule, no information or
documents which are privileged
from disclosure shall be
required to be given or produced
under this rule by the lawyers
of any party except with the
consent of that party.
Rule 9—Applications for Further Order
(1) Where the hearing of an
application for directions is
adjourned and any party to the
cause or matter wishes to apply
at the resumed hearing for any
order or directions not asked
for by the application or in any
notice given under rule 4 the
party shall, not less than two
days before the resumed hearing
of the application, serve on the
other party a notice specifying
those orders and directions in
so far as they differ from the
orders and directions asked by
the application or in any notice
under rule 4.
(2) Any application subsequent to the
application for directions and
before judgment as to any matter
capable of being dealt with on
an interlocutory application in
the action shall be made under
the application for directions
by two clear days' notice to the
other party stating the grounds
of the application.
Rule 10—Application of this Order in
Relation to Order 34
The application of the provisions of
this Order shall be without
prejudice to the provisions of
Order 34.
ORDER 33—PLACE AND MODE OF TRIAL
Rule 1—Place of Trial
Subject to section 38 of the Courts
Act, 1993 (Act 459) and these
Rules, the place of trial of any
cause or matter or of any
question or issue arising in any
cause or matter, shall be
determined by the Court.
Rule 2—Mode of Trial
Subject to these Rules and any other
law any cause or matter or issue
arising in Ghana shall be tried
by a Judge alone, unless the
Court orders trial by a Judge
with referee, or by a referee
alone.
Rule 3—Time of Trial of Questions or
Issues
The Court may order any question or
issue arising in any cause or
matter whether of fact or law,
or partly of fact and partly of
law, and raised by the pleadings
to be tried before, at or after
the trial of the cause or matter
and may give directions as to
the manner in which the question
or issue shall be stated.
Rule 4—Determing the Place and Mode of
Trial
(1) In every action, an order made on
an application for directions
shall, subject to any law,
determine the place and mode of
the trial; and any order may be
varied by a subsequent order of
the Court made at or before the
trial.
(2) In an action different questions
or issues may be ordered to be
tried at different places or by
different modes of trial and one
or more questions or issues may
be ordered to be tried before
the others.
(3) The references in this Order to an
application for directions
include references to any
application to which, under any
of these Rules, Order 32 rules 4
to 9 are to apply with or
without modification.
Rule 5—Dismissal of Action After
Determination of Preliminary
Issue
Where it appears to the Court that the
decision of any question or
issue arising in any cause or
matter and tried separately from
the main cause or matter
substantially disposes of the
cause or matter or renders trial
of the main cause or matter
unnecessary, it may dismiss the
cause or matter or make such
other order or give such
judgment as may be just.
ORDER 34—SETTING ACTION DOWN FOR TRIAL
Rule 1—Application of Order
This Order applies to all actions
which proceed to trial before a
Judge.
Rule 2—Time for Setting Down Action
(1) Every order made upon the hearing
of an application for directions
under Order 32 shall fix a
period within which the
Registrar shall set down the
action for trial.
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
(c) the
Court has held a pre-trial
review,
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."
(2) The Registrar shall within that
period issue to the parties a
notice of trial specifying the
date on which the action will be
tried and the notice shall be
issued and served at least one
month before the date for trial.
(3) Not later than seven days after an
order is made fixing the period
within which the action should
be set down for trial, the
plaintiff shall pay to the
Registrar the appropriate fee
for the issue and service of the
notice of trial.
(4) Where the plaintiff defaults in
the payment of the fee the
defendant may apply to the Court
to strike out the action for
want of presecution provided
that if there is a counterclaim
the defendant shall pay the
appropriate fee for notice of
trial of the counterclaim.
(5) If the plaintiff defaults in
payment of the fee and the
defendant does not within 14
days apply to the Court as
provided in subrule (4) the
Registrar shall inform the Court
of that fact and the Court shall
upon that strike out the action.
Rule 3—Length of Trial
Every order fixing the time within
which an action should be set
down for trial shall contain an
estimate of the length of trial
and shall specify whether the
action is to be put on the
General Cause List or the Short
Cause List.
Rule 4—Early Hearing
(1) On the hearing of an application
for directions if it appears to
the Judge that the cause or
matter ought to have an early
trial, then the Judge may,
instead of fixing a period
within which the action is set
down for trial, fix a day for
the hearing.
(2) An order fixing a date for the
trial of the action shall
contain an estimate of the
length of the trial.
Rule 5—New Trial
Where a new trial becomes necessary in
the course of any action the
procedure for setting down the
action for the new trial shall
be that specified in the
foregoing provisions except that
(a) a request to set down the action
for trial shall be made by the
plaintiff to the Registrar
accompanied by the appropriate
fee; and
(b) upon receiving the request, the
Registrar shall not later then
fourteen days issue and serve a
notice of trial as specified in
rule 2 (2).
Rule 6—Directions Relating to Lists
(1) Where an order has been made
directing that a cause or matter
shall be set down on one of the
Lists, and an order is later
made for the trial of the cause
or matter on another List, the
later order shall contain such
other variations of the order
for directions as the Court
thinks fit, and the cause or
matter shall be transferred to
the appropriate List.
(2) Nothing in this Order shall
prejudice any powers of the
Chief Justice to give directions
(a) specifying the Lists in which
actions of any class or
description are to be set down
for trial and providing for the
keeping and publication of the
Lists;
(b) providing for the determination of
a date for the trial of any
action which has been set down
or a date before which the trial
of it is not to take place; or
(c) as to the making of applications
(whether to a Court or a Judge
or an officer of the Court) to
fix, vacate or alter the date,
and in particular, requiring an
application to be supported by
an estimate of the length of the
trial and any other relevant
information.
Rule 7—Abatement of Action
(1) Where after an action has been set
down for trial it abates, or the
interest or liability of any
party to the action is assigned
or transmitted to or devolves on
some other person, the lawyer
for the plaintiff or other party
having the conduct of the action
shall, as soon as practicable
after becoming aware of it,
certify the abatement or change
of interest or liability in
writing to the Registrar, who
shall make the appropriate entry
in the list of actions set down
for trial.
(2) Where on any List an action stands
for one year marked as abated or
ordered to stand over generally,
the Registrar shall on the
expiration of that year inform
the Court of that fact, and the
Court shall thereupon strike the
action out of the List unless,
in the case of an action ordered
to stand over generally, the
order otherwise provides.
ORDER 35—PROCEEDINGS IN CHAMBERS
Rule 1—Disposal of Matters in Chambers
A Judge may by any judgment or order
made in Court in any cause or
matter, direct that the issues
in the cause or matter as the
Judge may specify shall be
disposed of in chambers provided
that the power may only be
exercised in the interest of
public order, public safety or
public morality.
Rule 2—Applications with Respect to
Funds
(1) The following applications to the
Court may be disposed of in
chambers
(a) applications for the payment or
transfer by any person of any
funds in court standing to the
credit of any cause or matter or
for the transfer of the funds to
a separate account or for the
payment to any person of any
dividends of or interest on any
securities or money comprised in
such funds;
(b) applications for the investment or
change of investment of any
funds in court;
(c) applications for payment of
dividends or interest on any
funds in court representing or
comprising money or securities
lodged in court under any
enactment; or
(d) applications for the payment or
transfer out of court of any
funds mentioned in paragraph (c)
of this subrule.
(2) This rule does not apply to any
application for an order under
Order 18.
Rule 3—Other Business to be Disposed
of in Chambers
(1) Without prejudice to the
generality of rule 1 and in
addition to matters which under
any other rule or by any
enactment may be disposed of in
chambers, the following matters
may also be disposed of in
chambers
(a) applications as to the
guardianship, parentage,
custody, access to and
maintenance of infants;
(b) any matter relating to the
fosterage and adoption of
children;
(c) applications connected with the
management of property;
(d) applications for or relating to
the sale by auction or private
contract of property, and also
to the manner in which the sale
is to be conducted, and for
payment into court and
investment of the purchase
money; and
(e) the determination of any question
of construction arising under a
deed, will or other written
instrument, and declarations of
the rights of the persons
interested.
(2) A guardian's account shall be
verified and passed in the same
manner as that provided by Order
27 in relation to a receiver's
account or in such other manner
as the Court may direct.
Rule 4—Subpoena for Attendance of
Witness
(1) A writ of subpoena ad
testificandum or a writ of
subpoena duces tecum to compel
the attendance of a witness for
the purpose of proceedings in
chambers may be issued out of
the registry if the party who
desires the attendance of the
witness produces a note from a
Judge or Registrar authorising
the issue of the writ.
(2) Any Registrar may give such a note
or may direct that the
application for it be made to
the Judge before whom the cause
or matter is to be heard.
Rule 5—Assistance of Expert
If the Court thinks it expedient in
order to better determine any
matter arising in proceedings in
chambers, it may obtain the
assistance of any person
specially qualified to advise on
that matter and may act on the
person's opinion.
Rule 6—Notice of Filing of Affidavit
(1) A party who files an affidavit
intended to be used by the party
in any proceedings in chambers
shall give notice of the filing
to every other party.
(2) A party who intends to use in any
proceedings in chambers, an
affidavit filed by the party in
previous proceedings, shall give
notice of the intention to do
so, to every other party.
Rule 7—Adjournment from Court
The Hearing of an application in
chambers may be adjourned from
chambers into Court and
subsequently from Court into
chambers.
Rule 8—Registrar's Note
Where in any proceedings a matter is
adjourned from Court into
chambers, or directions are
given in court to be acted upon
in chambers, without an order
being drawn up, the plaintiff in
the cause or matter shall obtain
from the Registrar a signed
note, stating for what purpose
that matter was adjourned into
chambers or the directions
given, and file it at the
judge's chambers
Rule 9—Papers for Use of Court
The original of any document which is
to be in evidence in proceedings
in chambers shall, if available,
be brought in, and copies of any
such document or of any part of
the document shall not be made
unless the Court directs that
copies of that document or part
of it be supplied for the use of
the Court or be given to the
other parties to the cause or
matter.
Rule 10—Notes of Proceedings in
Chambers
A note shall be kept of all
proceedings in the Judge's
chambers with the dates of the
proceedings so that all the
proceedings are noted in
chronological order with a short
statement of the matters decided
at each hearing.
ORDER 36—PROCEEDINGS AT TRIAL
Rule 1—Failure to Attend at Trial
(1) Where an action is called for
trial and all the parties fail
to attend, the trial Judge may
strike the action off the trial
list.
(2) Where an action is called for
trial and a party fails to
attend, the trial Judge may
(a) where the plaintiff attends and
the defendant fails to attend,
dismiss the counterclaim, if
any, and allow the plaintiff to
prove the claim;
(b) where the defendant attends and
the plaintiff fails to attend,
dismiss the action and allow the
defendant to prove the
counterclaim, if any; or
(c) make such other order as is just.
Rule 2—Judgment given in Absence of
Party may be Set Aside
(1) A Judge may set aside or vary, on
such terms as are just, a
judgment obtained against a
party who fails to attend at the
trial.
(2) An application under this rule
shall be made within fourteen
days after the trial.
Rule 3—Adjournment of Trial
The Court may, if it considers it
necessary in the interest of
justice, adjourn a trial for
such time, to such place, and
upon such terms, as it considers
fit.
Rule 4—Order of Speeches
(1) Unless the Judge before whom an
action is tried gives directions
as to the party to begin and the
order of speeches at the trial,
the party to begin and the order
of speeches shall be that
provided by this rule.
(2) Subject to subrule (6), the
plaintiff shall begin by opening
the plaintiff's case.
(3) Where the defendant elects not to
adduce evidence, then, whether
or not the defendant has in the
course of cross-examination of a
witness for the plaintiff or
otherwise put in a document, the
plaintiff may, after the
evidence on behalf of the
plaintiff has been given, close
the plaintiff's case and the
defendant may then state the
case of the defendant.
(4) Where the defendant elects to
adduce evidence, the defendant
may, after the close of the
plaintiff's case, open the case
of the defendant and, after the
evidence on behalf of the
defendant has been given, close
the defendant's case; at the
close of which the plaintiff may
make a speech in reply.
(5) Where there are two or more
defendants who appear separately
or are separately represented,
then where
(a) none of them elects to adduce
evidence, each defendant shall
state the case of the defendant
in the order in which that
defendant's name appears on the
record;
(b) each of the defendants elects to
adduce evidence, each defendant
may open that defendant's case
and the evidence on behalf of
each defendant shall be given in
the order specified in paragraph
(a) and the speech of each
defendant closing that
defendant's case shall be made
in that order after the evidence
on behalf of all the defendants
has been given; or
(c) some of them elect to adduce
evidence and some do not, those
who do not, shall state their
cases in the order specified in
paragraph (a) and those who
elect to adduce evidence shall
do so as provided in paragraph
(b), after the speech of the
plaintiff in reply to the other
defendants.
(6) Where the burden of proof in all
the issues in the action lies on
the defendant, the defendant may
begin, and subrules (3), (4) and
(5) shall have effect in
relation to the plaintiff and
the defendant, as if for
references to the plaintiff
there were substituted
references to the defendant and
for references to the defendant
there were substituted
references to the plaintiff.
(7) Where, as between the plaintiff
and any defendant, the party who
would, but for this subrule be
entitled to make the final
speech raises any fresh point of
law in that speech or cites in
that speech any authority not
previously cited, the opposite
party may make a further speech
in reply, but only in relation
to that point of law or that
authority.
Rule 5—Inspection by Judge
The Judge by whom any cause or matter
is tried may inspect any place
or thing with respect to which
any question arises in the
proceedings.
Rule 6—Death of Party before Judgment
Where a party to an action dies after
the defendant has closed his or
her case but before judgment is
given, judgment may be given
notwithstanding the death, but
without prejudice to the power
of the Court to make an order
under Order 4 rule 6 (2) before
giving judgment.
Rule 7—Certificate of Court Clerk
At the conclusion of the trial of any
action, the clerk of the Court
in attendance at the trial shall
make a certificate in which the
clerk shall certify
(a) the time spent on the trial;
(b) any order made by the Judge under
Order 38 rule 5 or 6;
(c) the judgment given by the Judge;
and
(d) any order made by the Judge as to
costs.
Rule 8—List of Exhibits
(1) The clerk of the Court shall take
charge of every document or
object put in as an exhibit
during the trial and shall mark
or label each exhibit with a
letter or letters indicating the
party by whom the exhibit is put
in or the witness by whom it is
proved, and with a number, so
that all the exhibits put in by
a party or proved by a witness
are numbered in one consecutive
series.
(2) The clerk of the Court shall cause
a list to be made of all the
exhibits in the action, and any
party may, on payment of the
prescribed fee, have an office
copy of that list and any
documentary exhibit.
(3) The list of exhibits when
completed and any documentary
exhibit shall be attached to the
pleadings and shall form part of
the record of the action.
(4) For the purpose of this rule a
bundle of documents may be
treated and counted as one
exhibit.
Rule 9—Custody of Exhibits after Trial
(1) All the exhibits tendered at a
trial shall be kept in the
registry of the trial Court
until the period limited for
appeal has expired; provided
that where an appeal is made
after trial the exhibits shall
be forwarded to the Court of
Appeal or the relevant appellate
court with the record of
proceedings.
(2) No exhibit shall, except by order
of the Court, be given to any
party or taken out of the
registry before the expiration
of the time limited for appeal
or until the appeal has been
heard and disposed of.
Rule 10—Impounded Documents
(1) Documents impounded by order of
the Court shall not be delivered
out of the custody of the Court
except in compliance with an
order made by a Judge or on an
application.
(2) Documents impounded by order of
the Court while in the custody
of the Court, shall not be
inspected except by a person
authorised to do so by an order
signed by a Judge.
ORDER 37—ADJOURNMENTS AND DELAYS
Rule 1—Adjournments
The Court may, if it considers it
necessary in the interest of
justice, postpone or adjourn the
hearing of any cause or matter
for such time and on such terms
as it considers fit.
Rule 2—Duty to Avoid Delay
It is the duty of the parties, their
lawyers and the Court to avoid
all unnecessary adjournments and
other delays, and to ensure that
causes or matters are disposed
of as speedily as the justice of
the case permits.
Rule 3—Proceedings after Delay
Where six months have elapsed since
the last step taken in any cause
or matter, the party who wishes
to proceed shall give to every
other party not less than
twenty-eight days notice of the
intention to proceed.
Rule 4—Striking out for Delays
(1) Where in any cause or matter no
step has been taken for twelve
months from the date of the last
proceeding and no notice under
rule 3 has been given, the
Registrar or any party to the
cause or matter may apply to the
Court for an order that the
cause or matter be struck out
for want of prosecution.
(2) Notice of the application shall be
served on all the parties
concerned at least fourteen days
before the day stated in the
notice for hearing the
application.
(3) Upon the hearing of the
application where none of the
parties shows cause to the
satisfaction of the Court why
the cause or matter should not
be struck out and upon proof of
service of the notice on all
parties concerned, the Court
shall strike out the
proceedings.
(4) If any party shows cause to the
satisfaction of the Court why
the cause or matter should not
be struck out for want of
prosecution, the Court shall
order the proceedings to
continue on such terms as it
thinks fit.
ORDER 38—EVIDENCE GENERALLY
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 1—General Rule—Witnesses to be
Examined Orally
Subject to the Constitution, the
Evidence Decree, 1975 (N.R.C.D.
323), these Rules and any other
enactment, any fact required to
be proved at the trial of an
action by the evidence of
witnesses shall be proved by the
examination of the witnesses
orally and in open court.
Rule 2—Evidence by Affidavit
(1) The Court may, at or before the
trial of an action, order that
the affidavit of any witness may
be read at the trial if in the
circumstances of the case it
thinks it reasonable so to
order.
(2) An order under subrule (1) may be
made on such terms as to the
filing and giving of copies of
the affidavit and as to the
production of the deponent for
cross-examination as the Court
thinks fit but, subject to any
such terms and to any subsequent
order of the Court, the deponent
shall not be subject to
cross-examination and need not
attend the trial for the
purpose.
(3) On any application in any cause or
matter, evidence may be given by
affidavit unless in the case of
any such application any
provision of these Rules
otherwise provides or the Court
otherwise directs, but the Court
may, on the application of any
party, order the attendance for
cross-examination of the person
making the affidavit, and where,
after an order has been made,
the person in question does not
attend, that person's affidavit
shall not be used as evidence
without leave of the Court.
Rule 3—Evidence of Particular facts
Rule 3A to 3G of Order 38 inserted
4. The principal enactment is amended
in order 38 by 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
(c) the witness statement has been put
in evidence at a hearing held
in public".
(1) Without prejudice to rule 2, the
Court may at or before the trial
of an action, order that
evidence of any particular fact
shall be given at the trial in
such manner as may be specified
by the order.
(2) The power conferred by subrule (1)
extends in particular to
ordering that evidence of any
particular fact may be given at
the trial
(a) by statement on oath of
information or belief; or
(b) by the production of documents or
entries in books; or
(c) by copies of documents or entries
in books; or
(d) in the case of a fact which is or
was a matter of common knowledge
either generally or in a
particular district, by the
production of any publication of
general circulation which
contains a statement of that
fact.
Rule 4—Limitation of Expert Evidence
The Court may at or before the trial
of an action order that the
number of medical or other
expert witnesses who may be
called at the trial shall be
limited as specified in the
order.
Rule 5—Limitation of Plans in Evidence
At or before the trial, unless the
Court for a special reason
otherwise orders, no plan,
photograph or model shall be
received in evidence unless at
least ten days before the
commencement of the trial the
parties, other than the party
producing it, have been given an
opportunity to inspect it and to
agree to its admission without
further proof.
Rule 6—Revocation or Variation of
Orders
Any order under rules 2 to 5
(including an order made on
appeal) may, on sufficient cause
shown, be revoked or varied by a
subsequent order of the Court
made at or before the trial.
Rule 7—Trial of Issues, References
The foregoing rules of this Order
shall apply to the trial of
issues or questions of fact or
law, references, inquiries and
assessments of damages as they
apply to the trial of actions.
Rule 8—Depositions in Evidence
(1) No deposition taken in any cause
or matter shall be received in
evidence at the trial of the
cause or matter unless the
deposition was taken in
pursuance of an order under
Order 39 rule 1.
(2) A deposition purporting to be
signed by the person before whom
it was taken shall be received
in evidence without proof of the
signature of that person.
Rule 9—Official Documents in Evidence
Without prejudice to the provisions of
any enactment, every document
purporting to be sealed with the
seal of any office or department
shall be received in evidence
without further proof, and any
document purporting to be so
sealed and to be a copy of a
document filed in or issued out
of that office or department
shall be presumed to be an
office copy of that document
without further proof unless the
contrary is shown.
Rule 10—Form and Issue of Writ of
Subpoena
(1) A writ of subpoena shall be as in
Form 14 in the Schedule.
(2) The issue of a writ of subpoena
takes place upon its being
sealed by an officer of the
registry of the Court out of
which it is issued.
(3) Before a writ of subpoena is
issued a request as in Form 15
in the Schedule for the issue of
the writ shall be filed in the
registry out of which the writ
is to issue; and the request
shall contain the name and
address of the party issuing the
writ, if the party issuing is
acting in person, or the name or
firm and business address of
that party's lawyer and also (if
the lawyer is the agent of
another) the name or firm and
business address of the lawyer's
principal.
Rule 11—Amendment of Writ of Subpoena
Where there is a mistake in any
person's name or address in a
writ of subpoena which has not
been served, the party by whom
the writ was issued may have the
writ re-sealed in the correct
form by filing a second request
under rule 10 (3) indorsed with
the words "Amended and
re-sealed".
Rule 12—Service of Writ of Subpoena
A writ of subpoena shall be served,
personally and the service shall
not be valid unless effected
within twelve weeks after the
date of issue of the writ.
Rule 13—Duration of Writ of Subpoena
A writ of subpoena shall after service
continue to have effect until
the conclusion of the trial at
which the attendance of the
witness is required.
ORDER 39—EVIDENCE BY DEPOSITION
Rule 1—Power to Order Depositions to
be taken
(1) The Court may, in any cause or
matter where it appears
necessary in the interest of
justice, make an order for the
examination on oath of any
person, at any place before a
Judge, an officer or examiner of
the Court or some other person.
(2) An order under subrule (1) may be
made on such terms as the Court
considers fit including terms
that relate to discovery before
examination, and may contain an
order for the production of any
document which appears to the
Court to be necessary for the
purposes of the examination.
Rule 2—Where person to be Examined is
out of the Jurisdiction
(1) Where the person in relation to
whom an order under rule 1 is
required, is out of the
jurisdiction, an application may
be made
(a) for an order under that rule for
the issue of a letter of request
to the judicial authorities of
the country in which that person
is, to take, or cause to be
taken, the evidence; or
(b) if the government of that country
allows a person in that country
to be examined before a person
appointed by the Court, for an
order under that rule appointing
a special examiner to take the
evidence of that person in that
country.
(2) An application may be made for the
appointment as special examiner
of a Ghanaian consul in the
country in which the evidence is
to be taken
(a) if there subsists with respect to
that Country Civil Procedure
Convention that provides for the
taking of the evidence of any
person in that country to
facilitate the proceedings in
the High Court; or
(b) with the consent of the Ghana's
Minister for Foreign Affairs.
Rule 3—Order for Issue of Letter of
Request
(1) Where an order is made under rule
1 for the issue of a letter of
request to the judicial
authorities of a country to
take, or cause to be taken, the
evidence of any person in that
country, the following
provisions shall apply
(a) the party who requires the order
shall prepare the letter of
request and lodge it in the
registry;
(b) if the evidence of the person to
be examined is to be obtained by
means of interrogatories, there
shall be lodged with the letter
of request a copy of the
interrogatories and
cross-interrogatories to be put
to him on examination;
(c) unless the official language, or
one of the official languages,
of the country in which the
examination is to be taken is
English, each document lodged
under paragraphs (a) and (b)
shall be accompanied by a
translation of the document in
the official language of that
country or, if that country has
more than one official language,
in any one of those languages
which is appropriate to the
place in that country where the
examination is to be taken;
(d) every translation lodged under
paragraph (c) shall be certified
by the person making it to be a
correct translation, and the
certificate shall contain a
statement of that person's full
name, address and qualifications
for making the translation; and
(e) the party who obtains the order
shall, when lodging the
documents mentioned in
paragraphs (a) to (d) in the
registry, also file an
undertaking as in Form 16B in
the Schedule, signed by the
party or the party's lawyer to
be responsible personally for
all expenses incurred by the
Minister for Foreign Affairs in
respect of the letter of request
and, on receiving due
notification of the amount of
those expenses, pay that amount
to the Minister for Foreign
Affairs and produce a receipt
for the payment to the
Registrar.
(2) The letter of request for
examination of a witness abroad,
the interrogatories to accompany
the letter of request and the
undertaking to be responsible
for all expenses incurred by the
Minister for Foreign Affairs
shall be as in Forms 16, 16A and
16B in the Schedule.
Rule 4—Enforcing Attendance of Witness
at Examination
Where an order has been made under
rule 1
(a) for the examination of any person
before an officer or examiner of
the Court or some other person,
in this rule and rules 5 to 16
referred to as "the examiner";
or
(b) for the cross-examination before
the examiner of any person who
has made an affidavit which is
to be used in any cause or
matter,
the attendance of the person before
the examiner and the production
by the person of any document at
the examination may be enforced
by writ of subpoena in the same
manner as the attendance of a
witness and the production by a
witness of a document at a trial
may be enforced.
Rule 5—Refusal of Witness to Attend or
be Sworn
(1) If any person, who has been duly
summoned by writ of subpoena to
attend before the examiner,
refuses or fails to attend or
refuses to be sworn or to affirm
for the purpose of the
examination or to answer any
lawful question or produce any
document, a certificate of the
person's refusal or failure,
signed by the examiner shall be
filed in the registry, and upon
such filing the party by whom
the attendance of that person is
required may apply to the Court
for an order requiring that
person to attend or to be sworn
or to affirm or to answer any
question or produce any
document.
(2) An application for an order under
this rule shall be made
ex-parte.
(3) If the Court makes an order under
this rule it may order the
person against whom the order is
made to pay any costs occasioned
by the person's refusal or
failure.
(4) A person who wilfully disobeys any
order made against him under
this rule shall be liable to
committal for contempt of court.
Rule 6—Time and place for Examination
(1) The examiner shall give the party
on whose application the order
for examination is made a notice
appointing the place and time at
which, subject to any
application by the parties, the
examination shall be taken, and
the time shall, having regard to
the convenience of the persons
to be examined and all the
circumstances of the case, be as
soon as practicable after the
making of the order.
(2) The party to whom a notice under
subrule (1) is given shall, on
receiving it, immediately give
notice of the appointment to all
the other parties.
Rule 7—Documents to be Supplied
The party on whose application the
order for examination is made
shall supply the examiner with
copies of such of the documents
in the cause or matter as are
necessary to inform the examiner
of the questions in issue in the
cause or matter.
Rule 8—Conduct of Examination
(1) The examination shall take place
in the presence of the parties,
their lawyers or agents.
(2) Subject to any directions
contained in the order for
examination
(a) any person ordered to be examined
before the examiner may be
cross-examined and re-examined;
and
(b) the examination, cross-examination
and re-examination of persons
before the examiner shall be
conducted in the same manner as
at the trial of any cause or
matter.
(3) The examiner may put any question
to any person examined before
him as to the meaning of any
answer made by that person or as
to any matter arising in the
course of the examination.
(4) The examiner may, if necessary,
adjourn the examination from
time to time.
Rule 9—Examination of Additional
Witnesses
The examiner may, with the written
consent of all the parties to
the cause or matter, take the
examination of any other person
in addition to those named or
provided for in the order for
examination and shall annex the
consent to the original
deposition of that other person.
Rule 10—Objection to Questions
(1) If a person being examined before
the examiner refuses to answer
any question put to that person,
or if objection is taken to any
question, the ground for the
objection and the answer to the
question to which objection is
taken shall be set out in the
deposition of that person or in
a statement annexed to it.
(2) The validity of the ground for
objecting to answer any question
or for objecting to any question
shall be decided by the Court
and not by the examiner, but the
examiner shall state to the
parties, an opinion on it, and
the statement of the examiner's
opinion shall be set out in the
deposition or in a statement
annexed to it.
(3) If the Court decides against the
person who raised the objection,
it may order the person to pay
the costs caused by the
objections
Rule 11—Taking of Depositions
(1) The deposition of any person
examined before the examiner
shall be taken down or recorded
by the examiner or a shorthand
writer or some other person in
the presence of the examiner
but, subject to subrule (2) and
rule 10 (1), the deposition need
not set out every question and
answer so long as it contains as
nearly as may be the statement
of the person examined.
(2) The examiner may direct the exact
words of any particular question
and the answer to it to be set
out in the deposition if that
question and answer appear to
the examiner to have special
importance.
(3) The deposition of any person in
transcript shall be read to the
person, and the person shall be
asked to sign it in the presence
of such of the parties as may
attend, but the parties may
agree in writing to dispense
with the foregoing provision.
(4) If a person refuses to sign a
deposition under subrule (3) the
examiner shall sign the
deposition
(5) The original deposition of any
person, authenticated by the
signature of the examiner before
whom it was taken, shall be sent
by the examiner to and filed at
the registry.
Rule 12—Endorsement of time Occupied
Before sending a deposition to the
registry, the examiner shall
indorse on it a signed statement
of the time occupied in taking
the examination and any fees
received in respect of the
examination.
Rule 13—Special Report by Examiner
An examiner may make a special report
to the Court with regard to any
examination before the examiner
and with regard to the absence
or conduct of any person at the
examination, and the Court may
direct such proceedings to be
taken, or make such order on the
record as it considers fit.
Rule 14—Fees and Expenses of Examiner
of the Court
(1) An examiner is entitled to charge
such fee as the Court may
authorise for each day or part
of the day on which the examiner
conducts an examination.
(2) The party prosecuting the order
shall also pay all reasonable
travelling and other expenses of
the examiner.
(3) An examiner is not obliged to send
any deposition to the registry
until all fees and expenses due
to the examiner in respect of
the examination have been paid.
Rule 15—Order for Payment of
Examiner's Fees
(1) If the fees and expenses due to an
examiner are not paid, the
examiner may report that fact to
the Court, and the Court may
direct the Registrar to apply
for an order against the party
on whose application the order
for examination was made to pay
the examiner the fees and
expenses in respect of the
examination.
(2) An order under this rule shall not
prejudice any determination as
to the party by whom the costs
of the examination shall
ultimately be borne.
Rule 16—Appointment of Examiner
The Chief Justice appoint any lawyer
of not less than three years'
standing to act as an examiner
of the Court for a period not
exceeding five years at a time,
and may revoke the appointment
at any time.
ORDER 40—ASSESSMENT OF DAMAGES OR
VALUE
Rule 1—Assessment by Court
(1) Where interlocutory judgment is
given for damages to be assessed
the damages shall, subject to
rule 2, be assessed by the
Court.
(2) The Court may, if it considers
fit, order particulars to be
filed before any assessment of
damages.
Rule 2—Assessment by Officer of Court
(1) Where interlocutory judgment is
given for damages to be assessed
and it appears to the Court that
the amount of damages is
substantially a matter of
calculation, the Court may
direct that the amount for which
final judgment is to be entered
shall be ascertained by an
officer of the Court.
(2) The attendance of witnesses and
the production of documents
before the officer may be
compelled by subpoena, and the
officer may adjourn the inquiry
from time to time.
(3) The officer shall indorse upon the
order referring the
ascertainment of the amount of
damages to the officer, the
amount found by the officer, and
shall deliver the order with the
indorsement to the person
entitled to the damages.
(4) On presentation of the order that
is indorsed to the Registrar,
the amount of damages shall be
added to the judgment.
Rule 3—Default Judgment against some
but not all Defendants
Where interlocutory judgment for
damages to be assessed is given
in default of appearance or in
default of defence, and the
action proceeds against other
defendants, the damages under
the judgment shall be assessed
at the trial unless the Court
otherwise orders.
Rule 4—Assessment of Value
Rules 1 to 3 shall apply to a judgment
for the value of goods to be
assessed, with or without
damages, as they apply to a
judgment for damages to be
assessed, and references in
those rules on the assessment of
damages shall be construed
accordingly.
Rule 5—Assessment of Damages to be up
to time of Assessment
Where damages are to be assessed,
whether under this Order or
otherwise, in respect of any
continuing cause of action, they
shall be assessed up to the time
of the assessment.
ORDER 41—JUDGMENTS AND ORDERS
Rule 1—Declaratory Judgment or Order
No cause or matter shall be open to
objection on the ground that a
mere declaratory judgment or
order is sought, and the Court
may make binding declarations of
right whether or not any
consequential relief is or could
be claimed.
Rule 2—Time Limit for Delivery of
Judgment
Rule 2A of Order 41 inserted
5. The principal enactment is amended
in order 41 by 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."
(1) It is the duty of the Court to
deliver judgment as soon as
possible after the close of each
case before it, and in any event
not later than six weeks after
the close of the case.
(2) For the purposes of this rule a
case is closed when the evidence
has been given to the Court and
the final speeches have been
concluded.
(3) The times of the vacations in any
year shall not be reckoned in
the computation of the period of
six weeks referred to in this
rule.
(4) Where for any reason judgment has
not been delivered within the
period of six weeks, the Court
shall forthwith inform the Chief
Justice in writing of that fact
and shall state the reasons for
the delay and the date upon
which it is proposed to deliver
judgment.
(5) Where judgment has not been
delivered within the period of
six weeks, any party to the
cause or matter may in writing
notify the Chief Justice of that
fact and request that a date be
fixed for the delivery of
judgment.
(6) Upon receiving a notification from
the Court or a party under
subrule (4) or (5), the Chief
Justice may fix a date for the
delivery of judgment by the
Court and notify the Court
accordingly, and it shall be the
duty of the Court to ensure that
judgment is delivered on the
date fixed by the Chief Justice.
Rule 3—Form of Judgment or Order
(1) Where in the case of any judgment,
a form for the entry of judgment
is prescribed as in Forms 17 to
17F in the Schedule, the entry
of the judgment shall as far as
practicable be in that form.
(2) The party who enters any judgment
may recite in it a statement of
the manner in which and the
place at which the writ of
summons was served
(3) An order shall be marked with the
name of the Judge or referee by
whom it was made and shall be
sealed with the seal of the
Court.
Rule 4—Time for doing an Act Under
Judgment or Order
(1) Subject to subrule (3), a judgment
or order which requires a person
to do an act shall specify the
time within which the act is to
be done.
(2) Time under this rule starts to run
from the date of service of the
judgment or order.
(3) Where the act which a person is
required by a judgment or order
to do is to pay money to any
other person, give possession of
immovable property or deliver
movable property, subrule (1)
shall not apply unless the Court
otherwise directs.
Rule 5—Date of Judgment or Order
(1) A Judgment or order of the Court
or of a referee takes effect
from the day of its date.
(2) Such a judgment or order shall be
dated as of the day on which it
is pronounced, given or made,
unless the Court or referee
orders it to be dated as of some
other earlier
or
later day, in which case it
shall be dated as of that other
day.
Rule 6—Orders Required to be Drawn up
(1) Subject to subrule (2), every
order of the Court shall be
drawn up unless the Court
otherwise directs
(2) Unless the Court otherwise
directs, an order need not be
drawn up if it does not impose
any special terms or include any
special directions other than
direction as to costs, but
merely
(a) extends the period within which a
person is required or authorised
by these Rules, or by any
judgment, order or direction, to
do any act; or
(b) grants leave for
(i) the issue of any writ other than a
writ of summons for service out
of the jurisdiction;
(ii) the amendment of a writ of
summons or a pleading;
(iii) the filing of any document; or
(iv) any act to be done by an officer
of the Court other than a
lawyer.
(3) Where an order is not required to
be drawn up, the production of a
note or memorandum of the order,
signed by a Judge or Registrar,
shall be sufficient authority
for the extension of time,
issue, amendments, filing or
other act.
(4) Where an order is not required to
be drawn up, the lawyer of the
person on whose application the
order was made shall forthwith
give notice in writing of the
order to every other party to
the cause or matter.
Rule 7—Drawing up and entry of
Judgment or Order
(1) The party seeking to have a
judgment entered shall draw up
the judgment and present it to
the Registrar for entry.
(2) Where judgment is presented for
entry in accordance with this
rule, the Registrar shall enter
it in the book kept for that
purpose, file the judgment and
return a duplicate of it to the
party who presents it for entry.
(3) An order required to be drawn up
shall be drawn up by the party
in whose favour the order is
made, and if that party fails to
draw up the order within seven
days after it is made, any other
party affected by the order may
draw it up.
(4) The order referred to in subrule
(3) shall when drawn up, be
produced at the registry
together with a copy of it, and
when passed by the Registrar the
order shall be sealed and
returned to the party who
produced it and the copy shall
be lodged in the registry.
Rule 8—Payment by Instalments
(1) Where any judgment or order
directs the payment of money,
the Court may, for any
sufficient reason, order that
the amount shall be paid by
instalments, with or without
interest; and the order may be
made at the time of giving the
judgment, or at any time
afterwards by the same or any
other Judge and may be rescinded
upon specific cause shown at any
time.
(2) Where the Court orders payment of
money by instalments, execution
shall not issue until after
default in payment of some
instalment according to the
order, and execution or
successive executions may then
issue for the whole money then
remaining unpaid, or for such
portion of it as the Court
orders, either when making the
original order or at any
subsequent time.
ORDER 42—REVIEW
Rule 1—Application for Review
(1) A person who is aggrieved
(a) by a judgment or order from which
an appeal is allowed, but from
which no appeal has been
preferred; or
(b) by a judgment or order from which
no appeal is allowed,
may upon the discovery of new and
important matter or evidence
which, after the exercise of due
diligence, was not within that
person's knowledge or could not
be produced by that person at
the time when the judgment was
given or the order made, or on
account of some mistake or error
apparent on the face of the
record, or for any other
sufficient reason, apply for a
review of the judgment or order.
(2) A party who is not appealing
against a judgment or order may
apply for a review of that
judgment or order
notwithstanding the pendency of
an appeal by any other party,
except where the ground of the
appeal is common to the
applicant and the appellant, or
where, being the respondent, he
can present to the Court of
Appeal the case on which he
applies for the review.
Rule 2—Time for making Application
(1) The applicant shall give seven
days' notice of the application
to all parties to the action.
(2) Subject to subrule (3), the
application shall be made within
fourteen days from the date on
which the judgment or order in
respect of which review is
sought is entered or made.
(3) Where the review sought is in
respect of a final judgment, the
Court may, at any time within
three months after the judgment
is entered, and on such terms as
seem just, grant leave to apply
for review.
Rule 3—Grant or Dismissal of
Application
(1) Where it appears to a judge that
there is not sufficient ground
for a review, the Judge shall
dismiss the application.
(2) The Judge shall grant the
application for review where the
Judge is of the opinion that it
should be granted.
Rule 4—Judge to hear Application
Where the Judge who gave the judgment
or made the order sought to be
reviewed, continues to hold
office at the time when the
application for a review is
presented, and is not precluded
by absence or other cause for a
period of three months following
the application from considering
the judgment or order to which
the application relates, that
Judge and no other Judge shall
hear the application.
Rule 5—Rehearing where Application
granted
(1) Where an application for review is
granted, a note of it shall be
made in the Cause Book and the
Court may immediately rehear the
case or make any order in regard
to the rehearing as it considers
fit.
(2) Upon the rehearing the Court may
amend, vary or confirm its
previous judgment or order.
Rule 6—Further Applications Barred
No applications to review a judgment
or order given or made on a
review shall be entertained.
ORDER 43—ENFORCEMENT OF JUDGMENTS AND
ORDERS
Rule 1—Enforcement of Judgment for
Payment of Money
(1) Subject to these Rules, a judgment
or order for the payment of
money, not being a judgment or
order for the payment of money
into court, may be enforced by
one or more of the following
means
(a) writ of fieri facias;
(b) garnishee proceedings;
(c) a charging order;
(d) the appointment of a receiver;
(e) in a case in which rule 5 applies,
an order of committal or a
writ of sequestration.
(2) Subject to these Rules, a judgment
or order for the payment of
money into court may be enforced
by one or more of the following
means
(a) the appointment of a receiver;
(b) in a case in which rule 5 applies,
an order of committal or a writ
of sequestration.
(3) A writ of sequestration shall be
directed to two or more
Commissioners to be appointed by
the Court for that purpose, who
shall be commanded and empowered
to enter any immovable property
of the person against whom the
writ is issued and to collect,
take and obtain not only the
rents and profits of the
immovable property, but also all
the person's goods and movable
property, and detain and keep
them under sequestration in
their hands until the person is
cleared of the contempt or the
Court makes an order to the
contrary.
(4) The Court may order payment out of
the sequestration proceeds of
all the charges related to the
execution including such
reasonable remuneration to the
Commissioners as the Court
considers fit to allow.
(5) Subrules (1) and (2) are without
prejudice to any other remedy
available to enforce the
judgment or order or to any
enactment relating to
bankruptcy, insolvency or the
winding up of companies.
(6) In this Order references to a writ
shall be construed as including
references to any further writ
or order in aid of that writ.
Rule 2—Judgment for Payment to Person
Resident outside Ghana
(1) Where a person is directed by any
judgment, order or award to pay
money to or for the credit of a
person who is resident outside
Ghana, the person directed shall
pay the money into court unless
the Bank of Ghana has given
permission for the payment under
the Exchange control Act, 1961
(Act 71) unconditionally or upon
conditions which have been
complied with.
(2) Payment into court under subrule
(1) shall, to the extent of the
amount paid in, be a good
discharge to the person making
the payment and no steps may be
taken to enforce the judgment,
order or award to the extent of
that amount.
(3) Notice of payment into Court under
this rule shall be given to the
plaintiff, the plaintiff's
lawyer or agent and to any other
person required by the judgment,
order or award to be given
notice of the payment.
Rule 3—Enforcement of Judgment for
Possession of Immovable Property
(1) Subject to these Rules, a judgment
or order for the recovery of
possession of immovable property
may be enforced by one or more
of the following means
(a) a writ of possession;
(b) in a case in which rule 5 applies,
an order of committal or a writ
of sequestration.
(2) A writ of possession to enforce a
judgment or order for the
recovery or possession of
immovable property shall not be
issued without leave of the
Court, except where the judgment
or order was given or made in a
mortgage action to which Order
56 applies.
(3) The leave shall not be granted
unless it is shown that every
person in actual possession of
the whole or any part of the
immovable property has received
such notice of the proceedings
as appears to the Court
sufficient to enable the person
apply to the Court for any
relief to which the person may
be entitled.
(4) A writ of possession may include
provision for enforcing the
payment of any money adjudged or
ordered to be paid by the
judgment or order which is to be
enforced by the writ.
Rule 4—Enforcement of Judgment for
Delivery of Goods
(1) Subject to these Rules, a judgment
or order for the delivery of
goods which does not give a
person against whom the judgment
is given or order is made, the
alternative of paying the
assessed value of the goods, may
be enforced by one or more of
the following means
(a) a writ of delivery to recover the
goods without alternative
provision for recovery of the
assessed value, referred to in
this rule as a "writ of specific
delivery"; or
(b) in a case in which rule 5 applies,
an order of committal or a writ
of sequestration.
(2) Subject to these Rules, a judgment
or order for the delivery of
goods or payment of their
assessed value may be enforced
by one or more of the following
means
(a) a writ of delivery to recover the
goods or their assessed value;
(b) a writ of specific delivery with
leave of the Court; or
(c) a writ of sequestration in a case
in which rule 5 applies.
(3) A writ of specific delivery and a
writ of delivery to recover
goods or their assessed value
may include provision for
enforcing the payment of any
money adjudged to be paid by the
judgment or order which is to be
enforced by the writ.
(4) A judgment or order for the
payment of the assessed value of
goods may be enforced by the
same means as any other judgment
or order for the payment of
money.
Rule 5—Enforcement of Judgment to do
or Abstain from doing an Act
(1) Where
(a) a person required by a judgment or
order to do an act within a time
specified in the judgment or
order refuses or neglects to do
it within that time or within
that time as extended or reduced
under Order 80 rule 4; or
(b) a person disobeys a judgment or
order requiring the person to
abstain from doing an act the
judgment or order may subject to
these Rules be enforced by one
or more of the following means
(aa) a writ of sequestration against
the property of that person with
leave of the Court;
(bb) a writ of sequestration against
the property of any director or
other officer of the body where
that person is a body corporate,
with leave of the Court; or
(cc) an order of committal against
that person or, where that
person is a body corporate,
against any director or other
officers.
(2) Where a judgment or order requires
a person to do an act within a
specified time and an order is
subsequently made under rule 6
requiring the act to be done
within some other time,
references in subrule (1) of
this rule to a judgment or order
shall be construed as references
to the order made under rule 6.
(3) Where under any judgment or order
requiring the delivery of any
goods the person liable to
execution has the alternative of
paying the assessed value of the
goods, the judgment or order
shall not be enforceable by
order of committal under subrule
(1), but the Court may, on the
application of the person
entitled to enforce the judgment
or order, make an order
requiring that the
first-mentioned person deliver
the goods to the applicant
within a time specified in the
order, and that order may be so
enforced.
Rule 6—Judgment Requiring act to be
done; Order fixing time for
doing it
(1) Notwithstanding that a judgment or
an order which requires a person
to do an act specifies a time
within which the act is to be
done, the Court may, without
prejudice to Order 80 rule 1,
make an order requiring the act
to be done within another time,
being such time after service of
that order, or such other time,
as may be specified in the
order.
(2) Where, notwithstanding Order 41
rule 4 (1) and (3), a judgment
or order which requires a person
to do an act does not specify a
time within which the act is to
be done, the Court may
subsequently make an order
requiring the act to be done
within such time after service
of that order or such other time
as may be specified in the
order.
(3) Notice of an application for an
order under this rule shall be
served on the person required to
do the act in question.
Rule 7—Service of Copy of Judgment
before Enforcement Under Rule 5
(1) In this rule references to an
order shall be construed as
including references to a
judgment.
(2) Subject to Orders 21 rule 14 (2)
and 22 rule 6 (3) and subrule
(6) of this rule, an order shall
not be enforced under rule 5
unless
(a) a copy of the order has been
served personally on the person
required to do or abstain from
doing the act in question; and
(b) in the case of an order requiring
a person to do an act, the copy
has been served before the
expiration of the time within
which the person was required to
do the act.
(3) Subject as stated, an order
requiring a body corporate to do
or abstain from doing an act
shall not be enforced as
provided in rule 5 subrule (1)
paragraph (bb) or (cc) unless
(a) a copy of the order has also been
served personally on the officer
against whose property leave is
sought to issue a writ of
sequestration or against whom an
order of committal is sought;
and
(b) in the case of an order requiring
the body corporate to do an act,
the copy has been served before
the expiration of the time
within which the body was
required to do the act.
(4) There shall be indorsed on the
copy of an order served under
this rule a notice informing the
person on whom the copy is
served
(a) in the case of service under
subrule (2), that if the person
neglects to obey the order
within the time specified in the
order, or, if the order is to
abstain from doing an act, that
if the person disobeys the
order, the person is liable to
process of execution; and
(b) in the case of service under
subrule (3), that if the body
corporate neglects to obey the
order within the time specified
or, if the order is to abstain
from doing an act, that if the
body corporate disobeys the
order, it is liable to process
of execution.
(5) With the copy of an order required
to be served under this rule,
being an order that requires a
person to do an act, there shall
also be served a copy of any
order made under Order 80 rule 4
extending or reducing the time
for doing the act and, where the
first-mentioned order is made
under rule 5(3) or 6, a copy of
the previous order requiring the
act to be done.
(6) Without prejudice to its powers
under Order 7 rule 6, the Court
may dispense with service of a
copy of an order under this rule
if it thinks it just to do so.
Rule 8—Court may Order Act to be done
at Expense of Disobedient Party
(1) If an order of mandamus, a
mandatory order, an injunction
or a judgment or order for the
specific performance of a
contract is not compiled with,
the Court may direct that the
act required to be done may, so
far as practicable, be done by
the party by whom the order or
judgment is obtained or some
other persons appointed by the
Court, at the cost of the
disobedient party.
(2) If a judgment or order that
requires a party to execute a
deed or indorse a negotiable
instrument is not complied with,
any other party interested in
having it executed or endorsed
may prepare a deed or
endorsement of the instrument in
accordance with the terms of the
judgment or order and tender it
to the Court for execution
together with the amount of any
stamp duty payable and the
signature on it by the Registrar
shall have the same effect as
the execution indorsement by the
disobedient party.
(3) Subrules (1) and (2) shall be
without prejudice to the powers
of the Court to punish the
disobedient party for contempt
and any other powers of the
Court.
(4) Upon the act being done under
subrule (1) or (2) the expenses
incurred may be ascertained in
such manner as the Court may
direct and execution may issue
against the disobedient party
for the amount as ascertained
and for costs.
Rule 9—Execution by or against Person
not being a Party
(1) Any person, not being a party to
the cause or matter, who obtains
any order or in whose favour any
order is made, is entitled to
enforce obedience to the order
by the same process as if the
person were a party.
(2) Any person, not being a party to
the cause or matter against whom
obedience to any judgment or
order may be enforced, is liable
to the same process for
enforcing obedience to the
judgment or order as if the
person were a party.
Rule 10—Conditional Judgment, Waiver
A party entitled under any judgment or
order to any relief subject to
the fulfilment of any condition
who fails to fulfil that
condition shall be deemed to
have abandoned the benefit of
the judgment or order, and,
unless the Court otherwise
directs, any other person
interested may take any
proceedings which either are
warranted by the judgment or
order or might have been taken
if the judgment or order had not
been given or made.
Rule 11—Matters Occurring after
Judgment, stay of Execution
Without prejudice to Order 45 rule 15,
a party against whom a judgment
or order has been given or made
may apply to the Court for a
stay of execution of the
judgment or order or other
relief on the ground of matters
which have occurred since the
date of the judgment or order,
and the Court may by order grant
the relief, on such terms as it
thinks just.
Rule 12—Enforcement of Judgment and
Order for Recovery of Money
(1) Rule 1(1) of this Order with the
omission of paragraph (e) and
Orders 27, 44 to 47 and 49 shall
apply to a judgment or order for
the payment of money.
(2) Rule 3 of this Order with the
omission of subrule (1) (b) and
Order 45 rule 3 shall apply to a
judgment or order for the
recovery of possession of
immovable property as they apply
to a judgment or order for the
giving or delivery of possession
of immovable property.
(3) Rule 4 of this Order other than
subrules (1)(b) and (2)(c), and
Order 45 rule 3(2), shall apply
in relation to a judgment or
order
(a) for the return of any goods; or
(b) for the recovery of the assessed
value of the goods
as they apply in relation to a
judgment or an order for the
delivery of any goods or the
payment of the assessed value of
the goods respectively.
Rule 13—Forms Applicable to this Order
Forms 18 to 18K provided in the
Schedule to these Rules shall be
used for the respective purposes
provided for in this Order.
ORDER 44—WRITS OF EXECUTION—GENERAL
Rule 1—Interpretation
In this Order, unless the context
otherwise requires, "writ of
execution" includes a writ of
fieri facias, a writ of
possession, a writ of delivery,
a writ of sequestration and any
other writ in aid of execution.
Rule 2—Effect of Writ of Execution
(1) A writ of execution may be put
into effect in any part of the
country.
(2) A writ of execution against goods
shall bind the property in the
hands of the judgment debtor as
from the time when the writ is
issued, but shall not prejudice
the title to the goods acquired
by any person in good faith and
for valuable consideration
unless at the time when the
person acquired title the person
had notice that the writ or any
other writ by virtue of which
the goods of the judgment debtor
may be seized or attached has
been delivered to and remained
unexecuted in the hands of the
Registrar.
(3) The immovable property of a
judgment debtor shall not be
levied in execution if the
judgment debtor shows that the
judgment debtor has sufficient
movable property within the
jurisdiction to satisfy the
judgment or order and costs.
(4) Where the execution is levied
against immovable property,
there shall be endorsed on the
writ of execution a statement
that there was not sufficient
movable property to satisfy the
judgment debt.
(5) Subject to subrule (3) all
property movable or immovable,
belonging to the judgment
debtor, and whether held in the
judgment debtor's name or by
another person in trust for the
judgment debtor or on the
judgment debtor's behalf, is
liable to attachment and sale in
execution of the judgment or
order.
Rule 3—Necessity for Leave to Issue
Writ of Execution
(1) A writ of execution to enforce a
judgment or order may not issue
without leave of the Court in
the following cases
(a) where six years or more have
elapsed since the date of the
judgment or order;
(b) where any change has taken place,
whether by death or otherwise,
in the parties entitled or
liable to execution under the
judgment or order;
(c) where the judgment or order is
against the assets of a deceased
person coming into the hands of
his or her executors or
administrators after the date of
the judgment or order, and it is
sought to issue execution
against the assets;
(d) where under the judgment or order,
any person is entitled to relief
subject to the fulfilment of any
condition which it is alleged
has been fulfilled, or
(e) where any goods to be seized under
a writ of execution are in the
hands of a receiver appointed by
the Court or a sequestrator.
(2) Where the Court grants leave for
the issue of a writ of execution
and the writ is not issued
within one year after the date
of the order granting the leave,
the order shall cease to have
effect, without prejudice to the
making of a fresh order.
Rule 4—Writ in Aid of Other Writ
A writ of execution in aid of any
other writ of execution shall
not issue without leave of the
Court.
Rule 5—Application for Leave to Issue
Writ
(1) An application for leave to issue
a writ of execution may be made
ex parte.
(2) The application shall be supported
by an affidavit
(a) identifying the judgment or order
to which the application relates
and, if the judgment or order is
for the payment of money,
stating the amount originally
due and the amount under it at
the date of the application;
(b) stating, where the case falls
within rule 3(1)(a), the reasons
for the delay in enforcing the
judgment or order;
(c) stating, where the case falls
within rule 3(1)(b), the change
which has taken place in the
parties entitled or liable to
execution since the date of the
judgment or order;
(d) stating, where the case falls
within rule 3(1)(c) or (d), that
a demand to satisfy the judgment
or order was made on the person
liable to satisfy it and that
the person has refused or failed
to do so; and
(e) giving such other information as
is necessary to satisfy the
Court that the applicant is
entitled to proceed to execution
on the judgment or order in
question and that the person
against whom it is sought to
issue execution is liable to
execution on it.
(3) The Court which is hearing the
application may grant leave in
accordance with the application
or may order that any issue or
question, a decision on which is
necessary to determine the
rights of the parties, be tried
in any manner in which any
question of fact or law arising
in an action be tried and in
either case, may impose such
terms as to costs or otherwise
as it considers just.
Rule 6—Application for Leave to issue
Writ of Sequestration
(1) Notwithstanding anything in rules
3 and 5, a writ of sequestration
shall not issue except with
leave of the Court.
(2) Subject to subrule (3), the notice
of motion, stating the grounds
of the application and
accompanied by a copy of the
affidavit in support of the
application, shall be served
personally on the person against
whose property it is sought to
issue the writ.
(3) The Court may dispense with
service of the notice of motion
under this rule if it considers
just to do so.
(4) The Judge hearing an application
for leave to issue a writ of
sequestration may sit in
chambers in any case in which,
if the application were for an
order of committal, the Judge
would be entitled to do so by
virtue of Order 50 rule 3 but,
except in such a case, the
application shall be heard in
open court.
Rule 7—Issue of Writ of Execution
(1) The issue of a writ of execution
shall be deemed to be issued
when sealed by the Registrar.
(2) Before such a writ is issued a
request for its issue shall be
filed.
(3) The request shall be signed by the
person entitled to execution, if
acting in person, or by the
person's lawyer.
(4) On receiving a request for the
issue of a writ of execution,
the Registrar shall make a note
of the request, and of the date
and hour when it is received for
filing.
(5) The Registrar may at any time seek
the direction of the Court as to
any request for the issue of a
writ of execution and may
meanwhile decline to issue the
writ.
(6) No writ of execution shall be
sealed unless at the time it is
tendered for sealing, the
Registrar is satisfied that the
period if any, specified in the
judgment or order for the
payment of any money or the
doing of any other act
thereunder has expired.
(7) No writ of execution shall be
sealed unless at the time it is
tendered for sealing the person
tendering it produces
(a) the judgment or order on which the
writ is to issue or an office
copy of it;
(b) the order granting leave or
evidence of the granting of it
where the writ may not issue
without leave of the Court;
(c) the written permission of the Bank
of Ghana therein referred to
where rule 8 (2) applies.
(8) The Registrar shall indorse on
every writ of execution the date
of the day on which it is
issued.
(9) Unless the Court otherwise
directs, writs of execution
shall be issued in the order in
which they are applied for.
Rule 8—Writ and Request where Exchange
Control Act Applies
(1) Where any party entitled to
enforce a judgment or order for
the payment of any money is
resident outside the country,
then, unless the Bank of Ghana
has given permission under the
Exchange Control Act, 1961 (Act
71) for payment of the money to
the party unconditionally or on
conditions which have been
compiled with, any writ of
execution to enforce that
judgment or order shall direct
the Registrar to pay the
proceeds of execution into
court.
(2) Where the Bank of Ghana has given
such permission unconditionally
or on conditions which have been
compiled with, the request for
the issue of a writ of execution
to enforce the judgment or order
in question shall be endorsed
with a certificate of that fact.
(3) Notice of a payment into court in
compliance with a direction
under subrule (1) shall be given
by the Registrar to the party by
whom the writ of execution is
issued or to the parties lawyer
or agent.
Rule 9—Duration and Renewal of Writ of
Execution
(1) For the purpose of execution, a
writ of execution shall be valid
in the first instance for twelve
months beginning with the date
of its issue.
(2) Where a writ has not been wholly
executed the Court may by order
extend the validity of the writ
from time to time for a period
of twelve months at any one time
beginning with the day on which
the order is made, if an
application for extension is
made to the Court before the day
on which the writ would
otherwise expire.
(3) Before a writ, the validity of
which has been extended under
this rule is executed, either
the writ shall be sealed with
the seal of the office out of
which it is issued showing the
date on which the order
extending its validity was made
or the applicant for the order
shall serve a notice in the
prescribed form, sealed as
aforesaid, on the Registrar to
whom the writ is directed
informing the Registrar of the
making of the order and the date
of it.
(4) The priority of a writ, the
validity of which has been
extended under this rule, shall
be determined by reference to
the date on which it was
originally delivered to the
Registrar.
(5) The production of a writ of
execution, or of such a notice
as is mentioned in subrule (3),
purporting in either case to be
sealed as mentioned in that
subrule, shall be evidence that
the validity of that writ or of
the writ referred to in that
notice, has been extended under
this rule.
Rule 10—Procedure after Issue of Writ
of Execution
(1) Writs of execution shall be put
into effect by the bailiffs of
the Court acting in accordance
with the instructions of the
Registrar.
(2) The bailiff charged with putting a
writ of execution into effect
shall as soon as possible return
the writ to the Registrar with
an account showing the amount
realised, the amount due to the
bailiff for fees and expenses,
and the balance, and shall pay
the balance to the Registrar;
and where a sale has been held
the bailiff shall also deliver
to the Registrar a duly
certified sale account.
(3) The Registrar shall pay the
balance to the execution
creditor or other person
entitled to it and take a
receipt from the execution
creditor or the other person
entitled to it.
(4) If for any reason the balance is
not paid to the person entitled
to it within fourteen days after
its receipt by the Registrar,
the Registrar shall after that,
deal with it in the same manner
as the Registrar deals with
money paid into court.
(5) No bailiff shall pay any money
realised by a writ of execution
to the execution creditor or to
the execution creditor's lawyer
or agent.
(6) Mileage money shall always be paid
to the bailiff by the Registrar,
who may require it to be paid to
the Registrar in the first
instance by the execution
creditor.
(7) No bailiff shall receive or demand
any mileage money from the
execution creditor, or from
anyone except the Registrar.
(8) No bailiff shall, in respect of
the execution of any writ,
receive or demand any
subsistence allowance, or any
fee or charge whatsoever, except
the mileage money and such of
the fees and expenses stated in
the account delivered by the
bailiff to the Registrar as the
bailiff is entitled to.
(9) The Registrar shall keep a book in
which the Registrar shall enter
the date of the return of every
writ, the amount realised, the
amount of fees and expenses and
the balance paid into court; and
the Registrar shall file the
receipts for the balance as well
as the voucher in support of the
entry in the Registrar's book.
Rule 11—Return of Writ of Execution
(1) A party at whose instance a writ
of execution is issued may serve
a notice on the Registrar to
whom the writ is directed
requiring the Registrar, within
such time as may be specified in
the notice, to indorse on the
writ a statement of the manner
in which the Registrar has
executed it and to send to that
party a copy of the statement.
(2) If a Registrar on whom such a
notice is served fails to comply
with it, the party by whom it is
served may apply to the Court
for an order directing the
Registrar to comply with it.
Rule 12—Claims by other Persons
(1) A person who makes a claim to or
in respect of a property taken
or intended to be taken in
execution under process of the
Court, or to the proceeds or
value of any such property,
shall give notice of the claim
to the Registrar and shall
include in the notice a
statement of the person's
address for service.
(2) On receipt of a claim made under
subrule (1), the Registrar shall
forthwith give notice of it to
the execution creditor who shall
within four days after receiving
the notice, give notice to the
Registrar informing the
Registrar whether the execution
creditor admits or disputes the
claim.
(3) Where
(a) the Registrar receives a notice
from an execution creditor under
subrule (2) disputing a claim,
or the execution creditor fails
to give the required notice
within the period mentioned in
that subrule; and
(b) the claim made under subrule (1)
is not withdrawn,
the Registrar may apply to the Court
for relief.
(4) An application for relief by the
Registrar under this rule shall
be made ex-parte to the Court
seeking an order that the
claimant and the execution
creditor shall appear before the
Court on a date specified in the
order for the issue between them
to be determined.
(5) Where the Registrar receives a
notice from an execution
creditor under subrule (2)
admitting a claim, the Registrar
shall forthwith withdraw from
possession of the property
claimed and having withdrawn the
Registrar may apply to the Court
for an order restraining the
bringing of an action against
the Registrar in respect of the
Registrar having taken
possession of that property.
(6) Notice of an application under
subrule (5) shall be served on
any person who makes a claim
under subrule (1) to or in
respect of the property
concerned, and that person may
attend the hearing of the
application.
(7) An execution creditor who gives
notice in accordance with
subrule (2) admitting a claim
shall only be liable to the
Registrar for the fees and
expenses incurred by the
Registrar before receipt of that
notice.
Rule 13—Powers of Court Hearing
Application for Relief
(1) Where on the hearing of
proceedings pursuant to an order
made under rule 12(4) all the
persons by whom adverse claims
to the property in dispute, in
this rule referred to as "the
claimants" appear, the Court may
(a) summarily determine the question
in issue between the claimants
and execution creditor and make
an order accordingly on such
terms as may be just; or
(b) order that any issue between the
claimants and the execution
creditor be stated and tried and
may direct which of them is to
be plaintiff and which
defendant.
(2) Where a claimant, having been duly
served with notice of an order
made under rule 12(4), fails to
appear or, having appeared,
fails or refuses to comply with
any order made after the
appearance, the claimant, and
all persons claiming under the
claimant, shall be forever
barred from prosecuting the
claimant's claim against the
Registrar and all persons
claiming under the Registrar;
but such an order shall not
affect the rights of the
claimants as between themselves.
(3) Where a claimant alleges that the
claimant is entitled to any
property by way of security for
debt, the Court may order that
the property or any part of it
be sold and may direct that the
proceeds of sale be applied in
such manner and on such term as
may be just and as may be
specified in the order.
(4) For the purposes of this rule the
Court may give such judgment or
make such order as may finally
dispose of all questions arising
between any claimant and the
execution creditor.
(5) An appeal against any judgment or
order given or made under
subrule (4) shall be filed
within fourteen days from the
date of the judgment or order.
ORDER 45—WRITS OF FIERI FACIAS
Rule 1—Nature of Writ Fieri Facias
(1) A judgment or order for the
payment of money may be enforced
by a writ of fieri facias.
(2) Where a writ of fieri facias is
issued it shall be executed by
the seizure and sale of the
debtor's property sufficient to
satisfy the amount of the
judgment debt together with
post-judgment interest at the
appropriate rate until payment
and the costs of the execution.
Rule 2—Two or more Writs of Fieri
Facias
(1) A party entitled to enforce a
judgment or order by writ of
fieri facias may issue two or
more such writs, directed to
different Registrars, at either
the same time or different
times, to enforce that judgment
or order; but no more shall be
levied under all those writs
together than is authorised to
be levied under one of them.
(2) Where a party issues two or more
writs of fieri facias directed
to different Registrars to
enforce the same judgment or
order the party shall inform
each Registrar of the issue of
the other writ or writs.
Rule 3—Separate Writs to Enforce
payment of Costs
(1) A party entitled to enforce a
judgment or order for the
payment of money, together with
costs, may, if the party so
elects, issue one writ of fieri
facias to enforce payment of the
sum (other than for costs)
adjudged or ordered, and a
second writ of fieri facias to
enforce payment of the costs.
(2) A party entitled to enforce a
judgment or order for the
delivery of possession of any
property (other than money) may,
if the party so elects, issue a
separate writ of fieri facias to
enforce payment of any damages
or costs awarded to the party by
that judgment or order.
Rule 4—Methods of putting Writ into
effect
(1) Subject to the other provisions of
this Order and to the provisions
of any other enactment, a writ
of fieri facias shall be put
into effect
(a) in respect of any movable property
in the possession of the
judgment debtor by actual
seizure; the property being kept
in the custody of the Registrar
until sale;
(b) in respect of any money or
negotiable instrument, by actual
seizure and the money or
instrument being deposited in
court by the Registrar and held
subject to the further order of
the Court;
(c) in respect of any movable
property to which the judgment
debtor is entitled subject to a
lien or right of some other
person to the immediate
possession of the property, by
delivering to the person in
possession a written order
prohibiting the person in
possession from giving over the
property to the judgment debtor;
(d) in respect of shares in any body
corporate, by a written order
prohibiting the person in whose
name the shares are held from
making any transfer of the
shares or receiving payment of
any dividends of the shares, and
prohibiting the manager,
secretary or other proper
officer of the body corporate
from making such payment until
such further order;
(e) in respect of immovable property
or any interest in immovable
property, whether at law or in
equity, by a written order
prohibiting the judgment debtor
from alienating the property or
any interest in the property by
sale, gift or in any other way,
and prohibiting all persons from
receiving it by purchase, gift
or otherwise; and the Registrar
may also, by direction of the
Court, take and retain actual
possession of the property.
(2) The orders referred to in subrule
(1) (c), (d) and (e) shall be
signed by the Registrar.
(3) Subject to any enactment, property
in the custody or under the
control of any public officer in
the officer's official capacity
is liable to attachment in
execution of a judgment or order
with notice to the
Attorney-General, and the order
of attachment shall be served on
the public officer.
(4) Property in custodia legis is
liable to attachment by leave of
the Court, and the order of
attachment shall be served on
the Registrar.
Rule 5—Service of Prohibitory Orders
(1) In the case of any movable
property not in the possession
of the judgment debtor, an
office copy of the order
referred to in rule 4 (1) (c)
shall be delivered to the person
in possession of the property.
(2) In the case of shares in any body
corporate, an office copy of the
order referred to in rule 4 (1)
(d) shall be delivered to or
served upon the manager,
secretary or other proper
officer of that body corporate.
(3) In the case of immovable property
or any interest in it, a copy of
the order referred to in rule 4
(1) (e), certified by the
Registrar, shall be delivered to
the judgment debtor or if the
judgment debtor cannot be found,
shall be delivered to some adult
person at the judgment debtor's
last known place of abode or
business to be given to the
judgment debtor, or in case such
delivery cannot be made, shall
be affixed to a front door of
the court building of the court
from which the writ of fieri
facias issued and, unless it is
the same Court building, to the
door of the District Court
nearest the immovable property
in question.
(4) A similar copy of the order
referred to in rule 4 (1) (e)
shall also in every case be
posted on or affixed to some
conspicuous part of the
immovable property in question.
Rule 6—Unauthorised Alienation during
Attachment Void
After an attachment has been made by
actual seizure, or by written
order duly delivered, served or
posted in accordance with rule
5, any alienation without leave
of the Court of the property
attached, whether by sale, gift
or otherwise, and any payment of
the debt, dividends, or shares
to the judgment debtor during
the continuance of the
attachment, shall be null and
void, and the person making the
alienation or payment shall be
liable to committal for contempt
of court.
Rule 7—Payment of Money and Proceeds
of Sale
The Court may at any time during an
attachment under this order,
direct that any part of the
property attached which
(a) consists of money, or a sufficient
part of it, shall be paid over
to the party applying for
execution of the judgment;
(b) does not consist of money, so far
as may be necessary for the
satisfaction of the judgment,
shall be sold, and that the
money realised by the sale, or a
sufficient part of it shall be
paid to the party.
Rule 8—Sales in Execution of Judgments
(1) Sales in execution of judgments
shall be made under the
direction of the Registrar, and
shall be conducted according to
such orders, if any, as the
Court may make on the
application of any party
concerned.
(2) Unless the Court authorises the
sale to be made in any other
manner, the sales shall be made
by public auction.
(3) An order relating to sale may be
made at the time of issuing a
writ of fieri facias or
afterwards.
Rule 9—Periods of Notice of Sale
(1) Subject to subrule (3) of this
rule no sale shall be made until
after at least seven days'
notice of the sale in the case
of movable property, or in the
case of immovable property until
after at least twenty-one days
public notice, unless the
judgment debtor in writing
consents otherwise.
(2) Whatever notices are made
elsewhere, the notices shall be
made in the town or place where
the property to be sold is
situated, and if the sale is to
take place in any other town or
place the notices shall also be
made at the place of sale.
(3) The Court may for any sufficient
reason extend or reduce the
periods of notice in any case.
Rule 10—Setting aside sale for
Irregularity
(1) At any time within twenty-one days
from the date of the sale of any
immovable property, an
application may be made to the
Court to set aside the sale on
the ground of any material
irregularity in the conduct of
the sale, but no sale shall be
set aside on the ground of such
irregularity unless the
applicant proves to the
satisfaction of the Court that
he has sustained substantial
injury by reason of the
irregularity.
(2) If the application is granted by
the Court, the Court shall make
an order setting aside the sale
for irregularity, and thereupon
the purchaser shall be entitled
to receive back any money
deposited or paid by the
purchaser on account of the
sale, with or without interest,
to be paid by such parties and
in such manner as the Court may
direct.
Rule 11—When Sale becomes Absolute
(1) If no application is made under
rule 10, the sale shall become
absolute.
(2) If an application made under rule
10 is dismissed, the Court shall
make an order confirming the
sale.
(3) After a sale of immovable property
becomes absolute or is confirmed
under this rule, the Court shall
grant a certificate to the
person who was declared the
purchaser at the sale to the
effect that that person has
purchased the right, title and
interest of the judgment debtor
in the property sold.
(4) A certificate of purchase granted
under subrule (3) is a valid
transfer of the right, title and
interest of the judgment debtor
in the property sold.
Rule 12—Delivery of Property Sold
(1) Where the property sold consists
of movable property in the
possession of the judgment
debtor or to the immediate
possession of which the judgment
debtor is entitled and of which
actual seizure has been made,
the property shall be delivered
to the purchaser.
(2) Where the property sold consists
of movable property to which the
judgment debtor is entitled
subject to a lien or right of
any other person to the
immediate possession of the
property, delivery to the
purchaser shall, as far as
practicable, be made by the
Registrar giving notice to the
person in possession prohibiting
the person in possession of the
property from delivering
possession of the property to
any person except the purchaser
of it.
(3) If the property sold consists of
immovable property in the
possession of the judgment
debtor, or some person on the
judgment debtor's behalf or some
person claiming under a title
created by the judgment debtor
after the attachment of the
property, the Court shall, on
the application of the
purchaser, order delivery to be
made by putting the purchaser,
or any person whom the purchaser
may appoint to receive delivery
on the purchaser's behalf, in
possession of it, and, if need
be, by removing any person who
may refuse to vacate the
property.
(4) If the property sold consists of
immovable property in the
occupancy of a person entitled
to occupy it, the Court shall,
on the application of the
purchaser, order delivery of it
to be made by affixing a copy of
the certificate of purchase in
some conspicuous place on the
immovable property and on the
court building.
(5) If the property sold consists of
shares in a body corporate, the
Court shall, on the application
of the purchaser, make an order
prohibiting the person in whose
name the shares are held from
making any transfer of the
shares to any other person
except the purchaser, or
receiving payment of any
dividends on the shares, and the
manager, secretary or other
proper officer of the body
corporate from permitting any
such transfer or making any
payment to any person except the
purchaser.
(6) If the property sold consists of
negotiable securities of which
actual seizure has been made,
they shall be delivered to the
purchaser.
Rule 13—Transfer of Securities or
Shares
(1) If the endorsement, transfer or
conveyance of the party in whose
name any negotiable security or
any share in a body corporate is
standing, or in whom any
mortgage or equity of redemption
is vested is required to
transfer it, the Registrar may
indorse the security or share
certificate or may execute such
other document as may be
necessary to transfer it.
(2) The endorsement or execution shall
be in the following form, or to
the like effect
"A.B. by C.D., Registrar of the High
Court in the …………………………………
Region of Ghana; in an action by
E.F. versus: A.B"
(3) Until the transfer of the security
or share, the Court may by order
appoint some other person to
receive any interest or dividend
due on the security or share and
to sign receipts for it.
(4) Any indorsement made, or document
executed, or receipt signed by
the Registrar or any other
person appointed by the Court
shall be binding on the judgment
debtor or the party entitled to
the securities or shares.
Rule 14—Withdrawal on Satisfaction of
Judgment
(1) If the amount adjudged, with costs
and all charges and expenses
incurred by the attachment, is
paid into court or if the
judgment or order is otherwise
satisfied or vacated or set
aside, an order shall be issued
for the withdrawal of the
attachment.
(2) If the execution debtor so wishes,
and deposits in court a sum
sufficient to cover the
expenses, an order shall be
issued in the same manner as
prescribed before in this Order
for the withdrawal of the
attachment, and such steps shall
be taken as may be necessary to
stay further proceedings in
execution of the judgment or
order.
Rule 15—Power to stay Execution by
Writ of Fieri Facias
(1) Where a judgment is given or an
order is made for the payment by
any person of money, and the
Court is satisfied, on an
application made at the time of
the judgment or order or at any
time thereafter by the judgment
debtor or other party liable to
execution
(a) that there are special
circumstances which render it
inexpedient to enforce the
judgment or order; or
(b) that the applicant is unable from
any just cause to pay the money
then, notwithstanding anything
in rule 2 or 3, the Court may by
order stay the execution of the
judgment or order by writ of
fieri facias either absolutely
or for such period and subject
to such conditions as the Court
considers fit.
(2) An application under this rule may
be made notwithstanding that the
party liable to execution did
not file appearance in the
action.
(3) The application, if not made at
the time the judgment is given
or order made, shall be
supported by an affidavit made
by or on behalf of the applicant
stating the grounds of the
application and the evidence
necessary to substantiate them.
(4) Where such application is made on
the ground of the applicant's
inability to pay, the affidavit
shall disclose the applicant's
income, the nature and value of
any property of the applicant
and the amount of any other
liabilities of the applicant.
(5) Where the application is not made
at the time the judgment is
given or order made, notice of
the application and a copy of
the supporting affidavit shall
be served on the party entitled
to enforce the judgment or order
not less than four clear days
before the day named in the
notice for hearing the
application.
(6) An order staying execution under
this rule may be varied or
revoked by a subsequent order.
ORDER 46—EXAMINATION OF JUDGMENT
DEBTOR
Rule 1—Order for Examination
(1) For the purpose of garnishee
proceedings under Order 47,
where a person has obtained a
judgment or order for the
payment of money by some other
person, hereinafter referred to
as "the judgment debtor", the
Court may, on an application
made ex-parte by the person
entitled to enforce the judgment
or order, order the judgment
debtor or, if the judgment
debtor is a body corporate, an
officer of it, to attend before
the Court and be orally examined
on the questions
(a) whether any debts are owing to the
judgment debtor;
(b) whether the judgment debtor has
any property or other means of
satisfying the judgment or
order;
and the Court may also order the
judgment debtor or officer to
produce any books or documents
in the possession of the
judgment debtor relevant to
these questions at the time and
place appointed for the
examination.
(2) An order under this rule shall be
served personally on the
judgment debtor and on any
officer of a body corporate
ordered to attend for
examination.
Rule 2—Examination of Party Liable to
Satisfy the Judgment
Where any difficulty arises in or in
connection with the enforcement
of any judgment or order, other
than a judgment or order as
mentioned in rule 1, the Court
may make an order under that
rule for the attendance of the
party liable to satisfy the
judgment or order and for the
examination of that party on
such questions as may be
specified in the order and that
rule shall apply accordingly
with the necessary
modifications.
ORDER 47—GARNISHEE PROCEEDINGS
Rule 1—Attachment of Debt due to
Judgment Debtor
(1) Where a person in this Order
referred to as "the judgment
creditor" has obtained a
judgment or order for the
payment of money by some other
person referred to as "the
judgment debtor" and the
judgment or order is not for the
payment of money into court, and
another person within the
jurisdiction, referred to as
"the garnishee" is indebted to
the judgment debtor, the Court
may, subject to the provisions
of this order and of any
enactment, order the garnishee
to pay the judgment creditor the
amount of any debt due or
accruing to the judgment debtor
from the garnishee, or as much
of it as is sufficient to
satisfy that judgment or order
and the costs of the garnishee
proceedings.
(2) An order under this rule shall in
the first instance be an order
to show cause, and shall specify
the time and place for further
consideration of the matter, and
in the mean time attach such
debt as is mentioned in subrule
(1), or as much of it as may be
specified in the order, to
satisfy the judgment or order
mentioned in that subrule and
the costs of the proceedings.
Rule 2—Application for Order
An application for an order under rule
1 shall be made ex-parte
supported by an affidavit that
(a) identifies the judgment or order
to be enforced and states the
amount remaining unpaid under it
at the time of the application;
and
(b) states that to the best of the
information or belief of the
deponent, the garnishee is
within the jurisdiction and is
indebted to the judgment debtor
and states the sources of the
deponent's information or the
grounds for the deponent's
belief.
Rule 3—Service and effect of Order to
show cause
(1) An order under rule 1 to show
cause shall, at least seven days
before the time appointed for
the further consideration of the
matter, be served on the
(a) garnishee personally; and
(b) judgment debtor unless the Court
otherwise directs.
(2) Service of the order shall bind
the garnishee as from the date
of service on the garnishee of
any debt specified in the order
or as much of it as may be
specified.
Rule 4—No Appearance or Dispute of
Liability by Garnishee
(1) Where on the further consideration
of the matter the garnishee does
not attend or does not dispute
the debt due or claimed to be
due from the garnishee to the
judgment debtor, the Court may,
subject to rule 7 make an order
absolute under rule 1 against
the garnishee.
(2) An order absolute under rule 1
against the garnishee may be
enforced in the same manner as
any other order for the payment
of money.
Rule 5—Dispute of Liability by
Garnishee
Where on the further consideration of
the matter the garnishee
disputes liability to pay the
debt due or claimed to be due
from the garnishee to the
judgment debtor, the Court may
summarily determine the question
in issue or order that any
question necessary for
determining the liability of the
garnishee be tried in any manner
in which any question or issue
in an action may be tried.
Rule 6—Claims of third Persons
(1) If in garnishee proceedings it is
brought to the notice of the
Court that some person other
than the judgment debtor is or
claims to be entitled to the
debt sought to be attached or
has or claims to have a charge
or lien on it, the Court may
order that other person to
attend before the Court and
state the nature of the claim
with particulars of it.
(2) After hearing any person who
attends before the Court in
compliance with an order under
subrule (1), the Court may,
summarily determine the
questions in issue between the
claimants or make such other
order as it considers just,
including an order that any
question or issue necessary for
determining the validity of the
claim of the other person as is
mentioned in subrule (1) be
tried in any manner in which any
question or issue in an action
may be tried.
Rule 7—Judgment Creditor Resident
outside Ghana
(1) The Court shall not make an order
under rule 1 requiring the
garnishee to pay any sum to or
for the credit of a judgment
creditor resident outside Ghana
unless the judgment creditor
produces a certificate that the
Bank of Ghana has given
permission under the Exchange
Control Act, 1961 (Act 71) for
the payment unconditionally or
on conditions which have been
complied with.
(2) If it appears to the Court that
payment by the garnishee to the
judgment creditor will
contravene any provision of the
Exchange Control Act, 1961, (Act
71) it may order the garnishee
to pay into court the amount due
to the judgment creditor and the
costs of the garnishee
proceedings after deduction of
the garnishee's costs.
Rule 8—Discharge of Garnishee or
Judgment Debtor
(1) Any payment made by a garnishee in
compliance with an order
absolute under this order and
any execution levied against the
garnishee under the order shall
be a valid discharge of the
liability of the garnishee to
the judgment debtor to the
extent of the amount paid or
levied, notwithstanding that the
garnishee proceedings are
subsequently set aside or the
judgment or order from which
they arose are reversed.
(2) Any payment made by a garnishee in
compliance with an order
absolute under this Order and
any execution levied against the
garnishee in pursuance of the
order shall also be a valid
discharge of the liability of
the judgment debtor to the
judgment creditor to the extent
of the amount paid or levied
notwithstanding that the
garnishee proceedings are
subsequently set aside or the
judgment or order from which
they arose are reversed.
Rule 9—Money in court
(1) Where money stands to the credit
of a judgment debtor in court,
the judgment creditor is not
entitled to take garnishee
proceedings in respect of that
money but may apply to the Court
for an order that the money or
so much of it as is sufficient
to satisfy the judgment or order
sought to be enforced and the
costs of the application be paid
to the judgment creditor.
(2) Unless the Court otherwise
directs, notice of the
application shall be served on
the judgment debtor at least
seven days before the day named
in it for hearing the
application.
(3) The money to which the application
relates shall not be paid out of
Court until after the
determination of the
application.
(4) The Court which hears the
application may make any order
with respect to the money in
court as it considers just.
Rule 10—Costs
The costs of any application for an
order under rule 1 or 9, and of
any proceedings arising from or
incidental to such application,
shall, unless the Court
otherwise directs, be retained
by the judgment creditor out of
the money recovered by the
judgment creditor under the
order and in priority to the
judgment debt.
ORDER 48—INTERPLEADER
Rule 1—Entitlement to Relief by way of
Interpleader
A person may apply to the Court for
relief by way of interpleader
where
(a) the person seeking relief, in this
Order referred to as "the
applicant" is under liability
for any debt, money or goods for
or in respect of which the
person is or expects to be sued
by two or more parties in this
order referred to as "the
claimants" making adverse titles
thereto; or
(b) the person seeking relief is a
Registrar or other officer of
the Court charged with the
execution of process by or under
the authority of the Court, and
a claim is made to any property
movable or immovable taken or
intended to be taken in
execution under any process or
to the proceeds or value of any
of the property by any claimant
other than the person against
whom the process is issued.
Rule 2—Mode of Application
(1) An application for relief under
this Order shall be made by
motion with notice to the
claimants.
(2) On the hearing of the application,
the Court may order the
claimants to appear and state
the nature and particulars of
their claims and either maintain
or relinquish them.
Rule 3—Application by Defendant
Where the applicant is a defendant,
application for relief may be
made at any time after service
of the writ of summons and the
Court shall stay further
proceedings until the
application has been dealt with.
Rule 4—Matters to be proved by
Applicant
The applicant shall satisfy the Court
by affidavit or otherwise that
the applicant
(a) claims no interest in the subject
matter in dispute, other than
for charges or costs;
(b) is not in collusion with any of
the claimants; and
(c) is willing to pay or transfer the
subject matter into court or to
dispose of it as the Court may
direct.
Rule 5—Date for Claimants to Appear in
Court
An order made under rule 2(2) shall
specify the date on which the
claimants shall appear in Court
and a copy of the order shall be
served on the claimants if the
Court so directs.
Rule 6—Filing of Particulars of
Claimants' Claim
(1) Not later than 7 days after the
Court makes an order under rule
2(2) or after service of the
order on the claimants if the
Court so directs, any claimant
who intends to maintain a claim
shall file in the registry
particulars of the claim, notice
of which shall be given to every
other claimant and to the
applicant.
(2) A claimant who fails to file
particulars of a claim shall not
be heard by the Court and shall
be deemed to have abandoned the
claim unless the Court directs
otherwise and grants the
claimant extension of time
within which to file the
particulars.
Rule 7—Order upon Appearance of
Claimants
If the claimants appear in pursuance
of an order made under rule
2(2), the Court may either order
that any claimant be made a
defendant in an action already
commenced in respect of the
subject matter in dispute in
lieu of or in addition to the
defendant or that an issue
between the claimants be stated
and tried and in the latter case
may direct which of the
claimants is to be plaintiff and
which defendant.
Rule 8—Disposal in Summary Manner
Where the claimants consent or any of
them so requests, or where the
question in issue between the
parties is a question of law and
the facts are not in dispute,
the Court may summarily
determine the questions in issue
between the claimants and make
an order accordingly on such
terms as may be just.
Rule 9—Power to Order sale of Goods
taken in Execution
Where an application for relief under
this Order is made by a
Registrar who has taken
possession of any goods or
chattels in execution under any
process, and a claimant alleges
that the claimant is entitled
under a bill of sale or
otherwise to the goods or
chattels or any part of it to be
sold, the Court may direct that
the proceeds of sale be applied
in such manner and on such terms
as may be just and as may be
specified in the order.
Rule 10—Failure to Appear or Default
of Claimant
If a claimant is ordered by the Court
to appear and maintain or
relinquish the claim but does
not appear in pursuance of the
order or having appeared
neglects or refuses to comply
with any order made after the
appearance, the Court may make
an order declaring the claimant
and all persons who claim under
the claimant forever barred
against the applicant and
persons claiming under the
applicant, but the order shall
not affect the rights of the
claimants as between themselves.
Rule 11—Discovery
(1) Orders 21, 22 and 36 shall, with
the necessary modifications
apply to an interpleader issue
as they apply in relation to any
other cause or matter.
(2) The Court before which any
interpleader proceedings are
tried may give such judgment or
make such order as may be
necessary to dispose finally of
all questions that arise from
the proceedings.
Rule 12—Other Powers
Subject to the rules of this Order,
the Court may in any
interpleader proceedings make
such order as to costs or any
other matter as it considers
just.
ORDER 49—CHARGING ORDERS AND STOP
ORDERS
Rule 1—Order Imposing charge on Land
(1) The Court may for the purpose of
enforcing a judgment or order
for the payment of money to a
person, by order impose on any
immovable property or interest
in immovable property of the
debtor a charge to secure the
payment of any moneys due or to
become due under the judgment or
order as may be specified in the
order.
(2) An order under subrule (1) shall
in the first instance be an
order to show cause, specifying
the time and place for further
consideration of the matter and
imposing the charge until that
time in any event.
(3) An application for an order under
subrule (1) may be made
ex-parte.
(4) There may be joined with an
application for an order under
subrule (1) an application for
the appointment of a receiver to
enforce the charge imposed by
the order.
(5) The application shall be supported
by an affidavit
(a) identifying the judgment or order
to be enforced, and stating the
name of the judgment debtor on
whose immovable property or
interest it is sought to impose
a charge and the amount
remaining unpaid under the
judgment or order at the time of
the application;
(b) specifying the immovable property
on which, or an interest in
which, it is sought to impose a
charge; and
(c) stating that to the best of the
information or belief of the
deponent the immovable property
or interest in question is the
judgment debtor's and stating
the sources of the deponent's
information or the grounds for
the deponent's belief.
(6) Unless the Court otherwise
directs, a copy of the order
shall, at least 7 days before
the time appointed for the
further consideration of the
matter, be served on the
judgment debtor and if the
judgment debtor does not attend,
proof of service shall be given.
(7) On the further consideration of
the matter the Court shall,
unless it appears that there is
sufficient cause to the
contrary, make the order
absolute with or without
modifications.
(8) Where on the further consideration
of the matter it appears to the
Court that the order should not
be made absolute, it shall
discharge the order.
Rule 2—Order Imposing charge on
Securities
(1) The Court, for the purpose of
enforcing a judgment or order
for the payment of an
ascertained sum of money, may by
order impose a charge on any
interest in securities to which
the judgment debtor is
beneficially entitled.
(2) Any securities to be charged under
this rule shall be specified in
the charging order.
(3) The securities to which this rule
applies are
(a) government stock standing in the
name of the Accountant-General;
(b) any stock of any company
registered under any enactment;
and
(c) any dividend of or interest
payable on stock mentioned in
paragraph (a) and (b).
(4) In this Order "government stock"
means any stock issued by the
Government of Ghana or any funds
or annuity granted by that
Government, and "stock" includes
shares, debentures and debenture
stock.
(5) A charging order shall in the
first instance be an order to
show cause, specifying the time
and place for further
consideration of the matter and
imposing the charge until that
time in any event.
Rule 3—Application for Order
An application for an order under rule
2 shall be made ex-parte
supported by an affidavit
(a) identifying the judgment or order
to be enforced, stating the
amount unpaid under it at the
date of the application, and
showing that the applicant is
entitled to enforce the judgment
or order; and
(b) stating that to the best of the
information or belief of the
deponent the judgment debtor is
beneficially entitled to an
interest in the securities in
question, describing that
interest, and stating the
sources of the deponent's
information or the grounds for
the deponent's belief.
Rule 4—Service of Notice of Order to
show cause
(1) Unless the Court otherwise
directs, a copy of the order
under rule 2 to show cause
shall, at least seven days
before the time appointed for
the further consideration of the
matter, be served on the
judgment debtor, and if the
judgment debtor does not attend,
proof of service shall be given.
(2) Notice of the order to show cause,
with a copy of that order, shall
as soon as practicable be served
(a) on the Bank of Ghana where the
order relates to government
stock;
(b) on the company concerned where the
order relates to other stock;
and
(c) on the Accountant-General where
the order relates to stock
standing in the name of the
Accountant-General.
Rule 5—Effect of Order to show cause
(1) No disposition by the judgment
debtor of the judgment debtor's
interest in any securities to
which an order under rule 2 to
show cause relates made after
that order shall, so long as the
order remains in force, be valid
as against the judgment
creditor.
(2) Until the order is discharged or
made absolute, the Bank of Ghana
or other person shall not permit
the transfer of any stock
specified in the order, or pay
to any person any dividend, or
interest payable, except with
the authority of the Court.
(3) If after notice the order is
served on the Bank of Ghana or
any other person, and that other
person permits any transfer or
makes any payment prohibited by
subrule (2), that person shall
be guilty of contempt of court
and liable to pay the judgment
creditor the value of the stock
transferred or the amount of the
payment made or, if that value
or amount is more than
sufficient to satisfy the
judgment or order to which the
order relates, as much of it as
is sufficient to satisfy it.
Rule 6—Making and effect of Charging
Order
(1) On the further consideration of
the matter the Court shall,
unless it appears that there is
sufficient cause to the
contrary, make the order
absolute with or without
modification.
(2) Where on the further consideration
of the matter it appears to the
Court that the order should not
be made absolute it shall
discharge the order.
(3) A charge imposed by an order under
rule 2 made absolute under this
rule shall have the same effect
and the judgment creditor in
whose favour it is made shall,
subject to subrule (4) have the
same remedies for enforcing it,
as if it were a valid charge
effectively made by the judgment
debtor.
(4) No proceedings to enforce a charge
imposed by an order made
absolute under this rule shall
be taken until after the
expiration of three months from
the date of the order being made
absolute.
Rule 7—Discharge of charging Order
The Court, on the application of the
judgment debtor or any other
person interested in the
securities to which an order
under rule 2 relates, may at any
time, whether before or after
the order is made absolute,
discharge or vary the order on
such terms as to costs as it
considers fit.
Rule 8—Injunctions and Receivers
The Court may
(a) appoint a receiver to enforce a
charge imposed by an order under
rule 1; or
(b) grant an injunction if it is
ancillary or incidental to an
order under rule 1or 2
and an application for the appointment
of a receiver or for an
injunction under this rule may
be joined with the application
for the order under rule 1 or 2
to which it relates.
Rule 9—Funds in Court: stop order
(1) The Court, on the application of
any person
(a) who has a mortgage or charge on
the interest of any person with
funds in court; or
(b) to whom the interest referred to
in paragraph (a) has been
assigned; or
(c) who is a judgment creditor of a
person entitled to such interest
as is mentioned in paragraph (a)
may make an order prohibiting the
transfer, sale, delivery,
payment or other dealing with
the funds, or any part of the
funds, or the income from the
funds, without notice to the
applicant.
(2) An application for an order under
this rule shall be made by
motion in the cause or matter
relating to the funds in court.
(3) Notice of the motion shall be
served on each person whose
interest may be affected by the
order applied for and on the
Accountant-General, where the
government has an interest, but
shall not be served on any other
person.
(4) Without prejudice to the Court's
powers and discretion as to
costs, the Court may order the
applicant for an order under
this rule to pay the costs of
any party to the cause or matter
relating to the funds in
question, or of any person
interested in those funds,
occasioned by the application.
Rule 10—Securities not in Court: stop
Notice
(1) Any person who claims to be
beneficially entitled to an
interest in any securities to
which rule 2 applies, other than
securities in court and who
wishes to be notified of any
proposed transfer or payment of
those securities may avail
himself of the provisions of
this rule.
(2) A person who claims to be entitled
shall file in the registry
(a) an affidavit identifying the
securities in question and
describing the person's interest
in the securities by reference
to the document under which it
arises; and
(b) a notice signed by the deponent to
the affidavit, and annexed to
it, addressed to the Bank of
Ghana or other person,
and shall serve an official copy of
the affidavit, and a copy of the
notice sealed with the seal of
the registry, on the Bank or
other person.
(3) There shall be indorsed on the
affidavit filed under this rule
a note stating the address to
which any notice referred to in
rule 11(1) is to be sent and
subject to subrule (4), that
address shall for the purpose of
that rule be the address for
service of the person on whose
behalf the affidavit is filed.
(4) A person on whose behalf an
affidavit under this rule is
filed may change that person's
address for service for the
purpose of rule 11 by serving on
the Bank of Ghana or other
person concerned, notice to that
effect, and as from the date of
service of the notice, the
address stated in it shall for
the purpose of that rule be the
address for service of that
person.
Rule 11—Effect of stop Notice
(1) Where a notice under rule 10 has
been served on the Bank of Ghana
or other person, if the notice
is in force, the Bank or other
person shall not register a
transfer of any stock or make a
payment of any dividend or
interest, being a transfer of
payment restrained by the
notice, without serving on the
person on whose behalf the
notice was filed at that
person's address for service, a
notice informing that person of
the request for the transfer or
payment.
(2) Where the Bank of Ghana or other
person receives a request for a
transfer or payment mentioned in
subrule (1) made by or on behalf
of the holder of the securities
to which the notice under rule
10 relates, the Bank of Ghana or
other person shall not by reason
only of that notice refuse to
register the transfer or make
the payment for longer than
eight days after receipt of the
request except under the
authority of an order of the
Court.
Rule 12—Amendment of stop Notice
If any securities are incorrectly
described in a notice filed
under rule 10 the person on
whose behalf the notice was
filed may file in the registry
in which the notice was filed an
amended notice and serve on the
Bank of Ghana or other person
concerned a copy of that notice
sealed with the seal of the
registry, and where the person
does so, the notice under rule
10 shall be deemed to have been
served on the Bank or other
person on the day on which the
copy of the amended notice was
served on the Bank or that other
person.
Rule 13—Withdrawal of stop Notice
(1) The person on whose behalf a
notice under rule 10 is filed
may withdraw it by serving a
request for its withdrawal on
the Bank of Ghana or other
person on whom the notice is
served.
(2) The request shall be signed by the
person on whose behalf the
notice is filed and the person's
signature shall be witnessed by
a lawyer.
(3) The Court, on the application of a
person who claims to be
beneficially entitled to an
interest in the securities to
which a notice under rule 10
relates, may by order discharge
the notice.
(4) An application for an order under
subrule (3) shall be served on
the person on whose behalf the
notice under rule 10 is filed.
Rule 14—Order Prohibiting Transfer of
Securities
(1) The Court, on the application of
any person who claims to be
beneficially entitled to an
interest in any government stock
or any stock of a company
registered under any enactment,
may by order prohibit the Bank
of Ghana or other person from
registering any transfer of such
part of that stock as may be
specified in the order or from
paying any dividend or interest
on it.
(2) The name of the holder of the
stock to which the order relates
shall be stated in the order.
(3) Notice of an application made
under subrule (1) shall be
served on the holder of any
stock and the Bank of Ghana or
other person.
(4) The Court, on the application of
any person who claims to be
entitled to an interest in any
stock to which an order under
this rule relates, may vary or
discharge the order on such
terms as it considers fit.
ORDER 50—COMMITTAL
Rule 1—Committal for Contempt
(1) The power of the Court to punish
for contempt of court may be
exercised by an order of
committal.
(2) Committal proceedings shall be
commenced by an application to
the Court.
(3) The application shall be supported
by an affidavit stating inter
alia the grounds of the
application.
(4) Subject to subrule (5), the notice
of motion, together with a copy
of the affidavit in support of
the application shall be served
personally on the person sought
to be committed.
(5) Without prejudice to its power
under Order 7 rule 6 the Court
may dispense with service of the
notice of motion if it thinks it
just to do so.
Rule 2—Committal without Application
Nothing in rule 1 affects the power of
the Court to make an order of
its own motion against a person
to show cause why the person
should not be committed for
contempt of court.
Rule 3—Hearing of Application
(1) Subject to subrule (2), the Court
that hears an application for an
order of committal may sit in
chambers where
(a) the application arises out of
proceedings that relate to the
wardship or adoption of an
infant or wholly or mainly to
the guardianship, custody,
fosterage, maintenance or up
bringing of a child, or right of
access to a child;
(b) the application arises out of
proceedings that relate to a
person who suffers or appears to
suffer from mental illness,
(c) the application arises out of
proceedings in which a secret
process, discovery or invention
is in issue; or
(d) it appears to the Court that in
the interest of the
administration of justice or for
reasons of national security the
application should be heard in
chambers,
except that in all other cases, the
application shall be heard in
open court.
(2) If the Court hearing an
application in chambers by
virtue of subrule (1) decides to
make an order of committal
against the person sought to be
committed, it shall state in
open court
(a) the name of that person;
(b) in general terms the nature of the
contempt of court in respect of
which the order of committal is
being made; and
(c) if the person is being committed
for a fixed period, the length
of that period.
(3) Without prejudice to the powers of
the Court under Order 16 rule 7
no grounds except the grounds
set out in the affidavit in
support of the motion shall be
relied upon at the hearing of an
application for an order of
committal.
Rule 4—Suspension of Order
(1) The Court which makes an order of
committal may by an order direct
that the execution of the order
of committal shall be suspended
for such period or on such other
terms and conditions as it may
specify.
(2) Where execution of an order of
committal is suspended by an
order under subrule (1), the
applicant for the order of
committal shall, unless the
Court otherwise directs, serve
on the person against whom it is
made a notice informing the
person of the order made under
that subrule and the terms of
the order.
Rule 5—Discharge of Person Committed
(1) The Court may, on the application
of any person committed to
prison for contempt of court,
discharge the person.
(2) Where a person has been committed
for failure to comply with a
judgment or order that requires
the person to deliver something
to any other person or to
deposit it in court or
elsewhere, and a writ of
sequestration has also been
issued to enforce that judgment
or order, then, if the thing is
in the custody or power of the
person committed, the
commissioners appointed by the
writ of sequestration may take
possession of it as if it were
the property of the person
committed and, without prejudice
to the generality of subrule
(1), the Court, may discharge
the person committed and give
directions for dealing with the
thing taken by the
commissioners.
Rule 6—Saving of other Powers
Nothing in rules 1 to 5 shall affect
the power of the Court to make
an order requiring a person
guilty of contempt of court, or
a person punishable by virtue of
any enactment in like manner as
if the person had been guilty of
contempt of the court, to pay a
fine or to give security for
good behaviour, and those rules,
so far as applicable, and with
the necessary modifications,
shall apply to an application
for such an order as they apply
to an application for an order
of committal.
ORDER 51—APPEALS FROM DISTRICT COURTS
Rule 1—Notice of Appeal
(1) An appeal from a decision or order
of a District Court to the High
Court shall be by way of
rehearing and shall be brought
by notice in this Order referred
to as "the notice of appeal".
(2) The appeal is brought in the case
of a substantive appeal when the
notice of appeal has been filed
in the District Court from which
the appeal is brought, in this
Order referred to as "the court
below".
(3) The procedure for an interlocutory
appeal shall be as set out in
rule 16 of this Order.
(4) The notice of appeal shall set out
the grounds of appeal and shall
state
(a) whether the whole or part only of
the decision or order of the
court below is complained of, in
the latter case specifying the
part;
(b) the nature of the relief sought;
and
(c) the names and addresses for
service of all parties directly
affected by the appeal.
(5) The notice of appeal shall be
accompanied with sufficient
number of copies for service on
all parties directly affected by
the appeal.
Rule 2—Grounds of Appeal
(1) The grounds of appeal shall set
out concisely and under distinct
heads the grounds upon which the
appellant intends to rely at the
hearing of the appeal without
any argument or narrative and
shall be numbered consecutively.
(2) No ground which is vague or
general in terms or which
discloses no reasonable ground
of appeal shall be permitted,
except the general ground that
the judgment is against the
weight of the evidence.
(3) If the grounds of appeal allege
misdirection or error in law,
particulars of the misdirection
or error shall be clearly
stated.
(4) Any ground of appeal or any part
of it which is not permitted
under this rule may be struck
out by the Court on its own
motion or on application by the
respondent.
(5) The appellant shall not without
leave of the Court rely on any
ground of appeal not stated in
the notice of appeal.
Rule 3—Time for bringing Appeal
(1) Subject to rule 4, a person
wishing to appeal under section
21(1) of the Courts Act, 1993
(Act 459) against a decision of
a District Court shall file a
notice of appeal within three
months from the date of the
decision appealed against.
(2) A person wishing to appeal with
leave under section 21 (2) of
the Courts Act, 1993 (Act 459)
against an interlocutory order
or decision of a District Court
shall apply to the court below
for leave within fourteen days
from the date of the order or
decision against which leave to
appeal is sought.
(3) Where the court below refuses to
grant leave, the person wishing
to appeal may apply to the Court
for leave within fourteen days
from the date upon which the
court below refused to grant
leave.
(4) Where leave is granted, either by
the Court below or by the Court,
the appellant shall file a
notice of appeal within fourteen
days from the date upon which
leave is granted.
Rule 4—Extension of time
(1) An application to extend the time
in which to appeal may be made
to the Court or to the court
below.
(2) No application shall be made after
the expiration of one month
after the time specified in rule
3 within which an appeal may be
brought.
(3) Each such application shall be
supported by an affidavit
setting out good and substantial
reasons for the application and
grounds of appeal which prima
facie show good cause for leave
to be granted.
(4) When time is so extended, the date
of the order granting the
extension and the court by which
the order is made shall be set
out in the notice of appeal
Rule 5—Service of Notice
(1) As soon as practicable after the
notice of appeal has been filed,
the court below shall cause a
copy of it to be served on each
of the parties mentioned in the
notice.
(2) Subject to subrule (3), it shall
not be necessary to serve any
party not directly affected by
the appeal.
(3) The Court may direct notice to be
served on all or any party to
the cause or matter, or upon any
person not a party and in the
meantime may postpone or adjourn
the hearing of the appeal upon
such terms as may be just and
make such order as might have
been made if the persons served
with the notice had originally
been parties to the appeal.
Rule 6—Deposit or Security
(1) The appellant shall within one
month after being notified by
the Registrar of the court below
to do so, deposit in the court
below the prescribed fee to
cover the expense of making up
and forwarding the record of
appeal, and shall also deposit a
prescribed sum or give security
by bond with one or more
sureties to the satisfaction of
the court below for the due
prosecution of the appeal and
for the payment of any costs
which the appellant may be
ordered to pay.
(2) Where the appellant fails to
comply with subrule (1) his
appeal shall lapse unless the
Court grants extension of the
time within which to comply with
subrule (1).
(3) An application for extension of
time under subrule (2) shall be
made not later than one month
after the expiration of the
period specified in subrule (1)
Rule 7—Record of Appeal
(1) The Court below shall make up the
record of appeal, which shall
consist of the originating
process, the pleadings, if any,
certified copies of all
documents admitted as evidence
or tendered as evidence and
rejected, the notes of evidence,
any interlocutory proceedings or
orders, the judgment or order of
the court below, the notice of
appeal and the addresses of the
parties or their lawyers or
both.
(2) The record of appeal when
completed shall be forwarded to
the Registrar of the Court
together with
(a) a certificate that the conditions
imposed under rule 6 have been
fulfilled;
(b) one copy of the record for the use
of the Judge; and
(c) the docket or file of the case in
the court below containing the
papers or documents filed by the
parties in connection with it as
well as all exhibits tendered in
evidence whether admitted or
rejected.
Rule 8—Time Limit for Submitting
Record
(1) It is the duty of the court below
to ensure that the completed
record of appeal and all
associated documents specified
in rule 7 (2) are submitted to
the Court as soon as possible,
and in any event not later than
thirty days after the provisions
of rule 6 have been complied
with.
(2) Where the court below fails to
submit to the Court the
completed record of appeal and
all associated documents as
provided by subrule (1) the
appellant may in writing notify
the Chief Justice who, after
investigating the reasons for
the delay, may take appropriate
steps to expedite the appeal.
Rule 9—Effect of Appeal
(1) An appeal shall not operate as a
stay of execution in respect of
the judgment or order appealed
from except where the court
below or the Court otherwise
orders
(a) in the case of the court below,
upon application made orally or
by motion on notice to it; or
(b) in the case of the Court, upon
application made to it by motion
on notice,
and except as provided no intermediate
act or proceeding shall be
invalidated.
(2) During any period when an
application is pending for
determination under subrule (1),
any proceedings for execution of
the judgment or order to which
the application relates shall be
stayed
(a) for a period of seven days
immediately following the
judgment or the making of the
order;
(b) during any period when an
application under subrule (1) is
pending for determination; or
(c) for a period of seven days
immediately following the
determination by the court below
of any application under subrule
(1) (a) where the application is
refused by the court below.
Rule 10—Production of Original
Documents
All letters, documents and exhibits
tendered in evidence at the
trial shall be retained in the
registry of the court below
until the time limited for
appeal has expired or if there
is an appeal they shall be
transmitted to the Court as
provided under rule 7.
Rule 11—High Court to Control Appeal
(1) After the record of appeal has
been transmitted, and until the
appeal is disposed of, the Court
shall be in control of the whole
proceedings as between the
parties to the appeal.
(2) Subject to subrule (3), every
application in the proceedings
shall be made to the Court, and
not to the court below, but any
application may be made through
the court below.
(3) In case of urgency the court below
may make any interim order to
prevent prejudice to the claims
of any party pending an appeal,
but the order may be discharged
or varied by the Court.
Rule 12—Failure of Party to Appear
(1) If the appellant fails to appear
in person or by the appellant's
lawyer when the appeal is called
for hearing, the appeal shall,
on proof of service upon the
appellant of notice of the
hearing, be dismissed by the
Court with costs; but the Court
may, if satisfied subsequently,
that it is just to do so, direct
that the appeal be re-entered
for hearing on such terms as to
costs or otherwise as it
considers fit.
(2) If the respondent fails to appear
in person or by the respondent's
lawyer when the appeal is called
for hearing, the Court shall, on
proof of service upon the
respondent of notice of the
hearing, proceed to hear the
appeal in the respondent's
absence; but the Court may, if
satisfied subsequently by an
aggrieved respondent that there
are good and substantial reasons
for the respondent's
non-appearance or that there are
exceptional circumstances
occasioning a miscarriage of
justice, direct that the
judgment be set aside and the
appeal re-entered for hearing on
such terms as to costs or
otherwise as it considers fit.
Rule 13—New Evidence on Appeal
It is not open as of right to any
party to an appeal to adduce new
evidence in support of the
party's original case; but for
the furtherance of justice, the
Court may allow or require new
evidence to be adduced; and the
evidence shall be either by oral
examination in court or by
affidavit or by deposition taken
before an examining commissioner
as the Court may direct; but the
new evidence shall be evidence
which was not within the
knowledge of the party or could
not have been produced after the
exercise of due diligence by the
party at the time when the
judgment was given or that order
made.
Rule 14—Powers of Court hearing Appeal
(1) The Court may in any appeal before
it
(a) rehear the whole case, or may
remit it to the court below to
be reheard or otherwise dealt
with as the Court may direct;
(b) direct the court below to inquire
into and certify its finding on
any question which the Court
considers fit to determine
before final judgment in the
appeal;
(c) allow the appellant to amend the
grounds of appeal, or may itself
amend the grounds of appeal, and
may amend any defect or error in
the record of appeal;
(d) draw any inference of fact which
should have been drawn in the
cause or matter out of which the
appeal arose;
(e) make any order, on such terms as
it considers just, to ensure the
determination on the merits of
the real question in controversy
between the parties;
(f) make any interim order or grant
any injunction which the court
below is authorised to make or
grant and may direct any
necessary enquiries or accounts
to be made or taken, and
generally shall have as full
jurisdiction over the whole
proceedings, as if the
proceedings had been instituted
and prosecuted in the Court as a
court of first instance;
(g) give any judgment and make any
order that ought to have been
made and may make such further
or other order as the case may
require, including any order as
to costs and may do so
notwithstanding that the
appellant may have asked that a
part only of a decision be
reversed or varied, and may also
act in favour of all or any of
the respondents or parties,
although the respondents or
parties may not have appealed
from or complained of the
decision;
(h) in special circumstances, order
that such security be given for
the costs of the appeal as may
be just.
(2) The powers of the Court in respect
of an appeal shall not be
restricted by reason of any
interlocutory order from which
there has been no appeal.
(3) The Court shall not be bound to
allow the appeal on the ground
merely of misdirection, or
improper admission or rejection
of evidence, unless in the
opinion of the Court substantial
wrong or miscarriage of justice
has been occasioned by it.
(4) The Court in deciding the appeal
shall not be confined to the
grounds of appeal set out by the
appellant; but the Court shall
not rest its decision on any
ground not set out by the
appellant unless the respondent
has had sufficient opportunity
to contest the case on that
ground.
Rule 15—Enforcement of Judgment or
Order
(1) Any judgment given or order made
by the Court may be enforced by
the Court or by the court below
as the Court may direct.
(2) When the Court directs a judgment
or order to be enforced by the
court below, the Registrar of
the Court shall send to the
court below a certificate under
the seal of the Court and the
hand of the presiding Judge,
setting out the judgment or
order of the Court; and the
court below shall enforce the
judgment or order made by the
Court in terms of the
certificate.
Rule 16—Interlocutory Appeals
(1) An interlocutory appeal shall be
brought by the appellant
submitting to the Registry of
the High Court four or such
number of files as the Registrar
of the court may decide, each
containing:
(a) "notice of appeal" which shall
state the matters specified in
rule 1(4)
(b) a copy each, of the motion paper,
the supporting affidavit and the
exhibits which were annexed to
the affidavit, and used in the
court below.
(c) the respondent's affidavit in
opposition if any with its
exhibits used in the court
below.
(d) the order or decision of the court
below in respect of which the
appeal is brought if available
at the time of submitting the
files to the Registrar of the
Court; or later when obtained.
(2) The appeal shall be deemed to be
filed when the files are
submitted to the Registrar of
the Court and the appropriate
fee has been paid.
(3) The Registrar of the Court shall
cause to be affixed to all the
papers in each file the official
stamp of the Court and each file
shall constitute "the record of
appeal" for the purpose of the
appeal. Consequently, there
shall be no settling or
preparation of a record of
appeal.
(4) The Registrar of the Court shall
cause to served on each of the
parties mentioned in the notice
of appeal, one file and shall
issue a certificate of service
of the notice of appeal after
that.
(5) Within fourteen days after filing
the notice of appeal, the
appellant shall file four copies
of the "Statement of the
Appellant's Case" setting out
fully the arguments and the
relevant statutes or decided
cases the appellant wishes the
Court to consider.
(6) If the appellant does not file a
statement of case within the
time stipulated in rule 5, the
Registrar shall certify that
fact to the Court which may
dismiss the appeal for
non-prosecution, or make such
other order as it may consider
appropriate.
(7) If the appellant files a statement
of case, the Registrar shall
cause a copy to be served on
each respondent or the lawyer
within seven days from the date
of filing.
(8) A respondent who wishes to contest
the appeal shall file six copies
or such number as the Registrar
may determine of the
"Respondent’s statement of case,
within fourteen days of the
service of the statement of the
appellant’s case and shall set
out his arguments in full citing
all relevant statutes ad decided
cases intended for the
consideration of the Court.
(9) The Registrar shall cause to be
served on the appellant and on
each other respondent if
separately represented, a copy
each of the respondent’s
statement of case.
(10) The Registrar shall within seven
days of causing the respondent’s
statement of case to be served
on the appellant and other
respondents, fix the appeal for
hearing by the Court and shall
notify the parties of the date
for the hearing of the appeal.
(11) An interlocutory appeal shall be
considered and disposed of by
the Court on the basis of the
papers filed and, if considered
necessary by the Court, oral
submissions from the parties or
their lawyers may also be
received and considered by the
Court.
(12) Judgment shall be delivered in
open court or in chambers as the
Court may determine.
(13) For the purpose of rule 16 of
this Order, an interlocutory
appeal shall include an appeal
in respect of a decision or
ruling on:
(a) any interlocutory application,
irrespective of whether the
decision disposes of the whole
case or not.
(b) judgment on the undefended list.
(14) The times stipulated for filing
interlocutory appeals shall be
as specified in rule 3 (2) of
this Order, but for an appeal
against a final judgment on the
Undefended List it shall be as
specified in rule 3 (1) of this
Order.
ORDER 52—APPEALS FROM REGISTRARS AND
REFEREES
Rule 1—Appeal from Registrar
(1) An appeal shall lie to a Judge in
chambers from any order or
decision of a Registrar.
(2) The appeal shall be brought by
serving on every party to the
cause or matter in which the
order or decision is made or
given, a notice to attend before
the Judge on a day specified in
the notice.
(3) Unless the Court otherwise orders,
the notice shall be issued
within fourteen days after the
order or decision appealed
against is made or given and
served not less than three clear
days before the days fixed for
hearing the appeal.
(4) Unless the Court otherwise
directs, an appeal under this
rule shall not operate as a stay
of the proceedings in which the
appeal is brought.
Rule 2—Appeal from Referee
An appeal shall lie to the Court from
any judgment, decision or order
of a referee given or made on
the hearing or determination of
any cause, question or issue
ordered to be tried before the
referee.
ORDER 53—LAND TITLE REGISTRATION
APPEALS
Rule 1 —Appeals from Adjudicating
Committees
(1) An appeal from an order or a
decision of an Adjudicating
Committee by virtue of
subsection (3) of section 32 of
the Land Title Registration Law
1986 (P.N.D.C.L. 153) shall be
commenced by a notice of appeal.
(2) The notice of appeal shall set out
the grounds of appeal and shall
state the decision appealed
against, the names and addresses
of all persons directly affected
by the appeal and the relief
sought.
(3) The notice of appeal shall be
accompanied with sufficient
number of copies for service on
all parties directly affected by
the appeal.
Rule 2—Grounds of Appeal
(1) The grounds of appeal shall set
out concisely and consecutively
and under distinct heads the
grounds upon which the appellant
intends to rely at the hearing
of the appeal and shall not
contain any argument or
narrative.
(2) A ground which is vague or general
in terms or which disclosed no
reasonable ground of appeal
shall not be permitted, except
the general grounds that the
judgment is against the weight
of the evidence.
(3) If the grounds of appeal allege
misdirection or error in law,
particulars of the misdirection
or error shall be clearly
stated.
(4) Any ground of appeal or any part
of it which is not permitted
under this rule may be stuck out
by the Court on its own motion
or on application by the
respondent.
(5) The appellant shall not without
leave of the Court rely on any
ground of appeal not stated in
the notice of appeal.
Rule 3—Service of Notice
(1) The Registrar shall within 7 days
after the filing of the notice
of appeal, cause a copy of the
notice to be served on the
Adjudicating Committee and on
every party mentioned in the
notice of appeal.
(2) The Court may direct notice to be
served on that person either on
its own motion or by a person
whose interest may be directly
affected by the decision and may
for that purpose adjourn the
hearing of the appeal upon such
terms as may be just and make
such order as might have been
made if the persons served with
the notice had originally been a
party to the appeal.
Rule 4—Submission of Record of
Proceedings
The record of proceedings consisting
of certified documents used in
the hearing before the
Adjudicating Committee shall be
forwarded by the secretariat of
the Adjudicating Committee to
the Registrar.
Rule 5—Time for Submission of Records
The record of appeal shall within
three months after receipt of
the notice of appeal, subject to
any extension of time that the
Court may grant, be submitted to
the Registrar by the secretariat
of the Adjudicating Committee.
Rule 6—Effect of Appeal
(1) An appeal shall not operate as a
stay of execution in respect of
the decision or order appealed
against except where the Court
otherwise orders upon
application made to it by motion
on notice, and except as
provided, no intermediate act or
proceeding shall be invalidated.
(2) During any period when an
application is pending for
determination under subrule (1),
any proceedings for execution of
the decision or order to which
the application relates shall be
stayed
(a) for a period of seven days
immediately following the
decision or the making of the
order; and
(b) during any period when an
application under subrule (1) is
pending for determination.
Rule 7—High Court to Control Appeal
(1) After the record of appeal has
been transmitted, and until the
appeal is disposed of, the Court
shall be in control of the whole
proceedings as between the
parties to the appeal.
(2) The notice of appeal shall be
filed with the Registrar of the
High Court within three months
of the delivery of the decision
to the Committee except that the
Court may for good cause extend
the time for a further period
not exceeding fourteen days.
(3) No application for extension of
time shall be filed after 30
days from the expiry of the
three months specified in
subrule (2).
Rule 8—Failure of Party to Appear
(1) If the appellant fails to appear
in person or by a lawyer when
the appeal is called for
hearing, the appeal shall, on
proof of service upon the
appellant of notice of the
hearing, be dismissed by the
Court with cost; but the Court
may, if satisfied subsequently,
that it just to do so, direct
that the appeal be re-entered
for hearing on such terms as to
costs or otherwise as it
considers fit.
(2) If the respondent fails to appear
in person or by a lawyer when
the appeal is called for
hearing, the Court shall, on
proof of service of notice of
the hearing on the respondent,
proceed to hear the appeal in
the absence of the respondent,
and give judgment on the merits.
Rule 9—New Evidence on Appeal
It is not open as of right to any
party to an appeal to adduce new
evidence in support of that
party’s original case; but for
the furtherance of justice, the
Court may allow or require new
evidence to be adduced; the
evidence shall be either by oral
examination in court or by
affidavit or by deposition taken
before an examining commissioner
as the Court may direct; but the
new evidence shall be evidence
which was not within the
knowledge of the party or could
not have been produced after the
exercise of due diligence by the
party at the time when the
judgment was given or that order
made.
Rule 10—Orders of the Court
(1) The Court hearing an appeal shall
make such order(s) as it
considers just in the case.
(2) The Court shall not be bond to
allow the appeal on the ground
merely of misdirection, or
improper admission or rejection
of evidence, unless in the
opinion of the Court substantial
wrong or miscarriage of justice
has been occasioned by it.
(3) The Court in deciding an appeal
shall not be confined to the
grounds of appeal set out by the
appellant; but the Court shall
not rest its decision on any
ground not set out by the
appellant unless parties have
had sufficient opportunity to
contest the case on that ground.
Rule 11—Enforcement of Decision or
Order
A decision given or an order made by
the Court shall be enforced by
the Court.
Rule 12—Interlocutory Appeals
Interlocutory appeals shall follow the
procedure in Order 51 rule 16 of
these rules.
ORDER 54—TAX APPEALS
Rule 1—Tax Appeals to the High Court
Where in any enactment provision is
made for an appeal to be made to
the High Court against a
decision or order of the
Commissioner the provisions of
this Order shall apply to the
appeal.
Rule 2—Notice of Appeal
(1) The appeal shall be commenced by
the filing of five copies of the
notice of appeal together with
five copies of all relevant
documents with the Registrar
within thirty days of receipt of
service of the decision or order
of the Commissioner.
(2) Where the aggrieved person does
not file an appeal within the
time prescribed in rule 2(1), he
may apply for an extension of
time to do so within 3 months
from the date of the expiry
fixed in subrule (1), and the
court may, if satisfied that the
delay in filing the notice of
appeal was due to his absence
from the country, sickness or
other reasonable cause and that
there has been no unreasonable
delay on his part, grant him
extension of time to file his
Notice of Appeal.
(3) No application for extension of
time shall be entertained after
the time specified in subrule
(2).
(4) For the purposes of this appeal
the Commissioner shall be the
Respondent.
(5) The Notice of Appeal shall be
titled as follows:
"In the matter of an appeal against
tax assessment by the
Commissioner”
X .. .. ..
.. ..
.. ..
.. .. Appellant
Vrs.
The Commissioner
.. ..
.. ..
.. ..
Respondent"
Rule 3—Grounds of Appeal
(1) The notice of appeal shall be set
out in consecutively numbered
paragraphs, a concise statement
of the facts and of any points
of law upon which the appellant
intends to rely in support of
the appeal.
(2) No ground of appeal which is vague
or general in form shall be
stated.
(3) The grounds of appeal shall be
accompanied with a copy of the
assessment or decision of the
Commissioner appealed against
certified by the Commissioner.
Rule 4—Payment of Tax
(1) An aggrieved person who has filed
an appeal against an assessment,
decision or order of the
Commissioner under rule 1 of
this Order shall, pending the
determination of the appeal, pay
an amount not less than a
quarter of the amount payable in
the first quarter of that year
of assessment as contained in
the notice of assessment.
(2) An appeals shall not be
entertained by a Court under
these rules unless the Appellant
has paid the amount set out in
sub rule (1) of this rule.
(3) Where the payment of tax has been
held over pending an appeal, any
tax outstanding under the
assessment shall be payable
within thirty days from the date
of the decision of the Court.
Rule 5—Filing by Agent
Where the appellant is a body
corporate or where the judge
permits the appeal to be made by
an agent, any document required
to be filed or signed by the
appellant may be filed or signed
by the agent.
Rule 6—Registration of Tax Appeals and
Service on the Commissioner
(1) The Registrar shall upon the
receipt of the notice of appeal
endorse the date of receipt on
it and shall enter the appeal in
a register of Tax Appeals which
shall be kept by the Registrar
for that purpose.
(2) The Registrar shall upon receipt
of the notice of appeal
immediately serve a copy on the
Commissioner.
Rule 7—Reply of Commissioner
(1) The Commissioner shall within
fifteen days of service file
copies of a reply together with
five copies all certified
documents used in the assessment
in respect of which the appeal
has been lodged with the
Registrar.
(2) The reply shall set out in
consecutively numbered
paragraphs a concise statement
of the facts and points of law
on which the Commissioner
intends to rely.
(3) The Registrar shall cause a copy
of the reply of the Commissioner
and copies of all the documents
used in the assessments to be
served on the appellant not
later than fifteen days from the
filing of the Commissioner’s
reply.
Rule 8—Registrar to give Notice of
Date of Hearing
(1) The Registrar shall within seven
days after the service of the
Commissioner’s reply on the
Appellant, fix a date for the
hearing of the appeal and serve
notices of this on the parties
not later than twenty one days
from the hearing of the appeal.
(2) The hearing date should not exceed
four weeks from the date of
service of the Commissioner’s
reply on the Appellant.
Rule 9—Decision of the Court
The Court upon hearing an appeal under
this Order may take evidence or
seek expert’s assistance and may
confirm, reduce, increase or
annul an assessment on which the
decision is based and may in all
cases make such decision as the
Court considers appropriate.
Rule 10—Application of other Rules
(1) Except otherwise provided in this
Order, the rules on appeals
provided in these rules shall
apply to tax appeals with such
modifications as are necessary.
(2) For purposes of this appeal the
record shall be the documents
submitted by the parties with
the Notice of Appeal or Reply to
the Registrar which shall be put
together in a folder by the
Registrar and submitted to the
Court.
Rule 11—Commissioner
(1) For the purposes of this Order,
Commissioner includes any body
or person from whose decision on
a matter relating to tax an
appeal lies to the High Court.
(2) "Relevant documents" shall include
all documents used by both the
Appellant and the Commissioner
in the assessment or objection
to the assessment.
ORDER 55—APPLICATION FOR JUDICIAL
REVIEW
Rule 1—Cases Appropriate for
Application for Judicial Review
An application for
(a) an order in the nature of
mandamus, prohibition,
certiorari or quo warranto; or
(b) an injunction restraining a person
from acting in any public office
in which the person is not
entitled to act; or,
(c) any other injunction,
shall be made by way of an application
for judicial review to the High
Court.
Rule 2—Orders Obtainable by Judicial
Review
(1) On the hearing of an application
for judicial review the High
Court may make any of the
following orders as the
circumstances may require
(a) an order for prohibition,
certiorari or mandamus;
(b) an order restraining a person from
acting in any public office in
which that person is not
entitled to act;
(c) any other injunction;
(d) a declaration;
(e) payment of damages.
(2) In granting an injunction or
making a declaration under
paragraphs (c) or (d) of subrule
(1) of this rule the Court shall
have regard to
(a) the matter in respect of which
relief may be granted by way of
prohibition, certiorari or
mandamus;
(b) the nature of the persons against
whom relief may be granted by
way of the order; and
(c) whether in all the circumstances
of the particular case it would
be just and convenient to grant
an injunction or make a
declaration on an application
for judicial review.
(3) The Court on an application for
judicial review, may award
damages to the applicant if the
applicant makes a case for
damages and if in the opinion of
the Court such damages arise
from a matter to which the
application relates and damages
would have been awarded to the
applicant in an action begun by
the applicant at the time of
making the application.
Rule 3—Time for making Application
(1) The application for judicial
review shall be made not later
than six months from the date of
the occurrence of the event
giving grounds for making the
application.
(2) Where an order of certiorari is
sought in respect of any
judgment, order, conviction or
other proceeding, the date of
the occurrence of the event
giving grounds for the making of
the application shall be taken
to be the date of that judgment,
order, conviction or proceeding.
Rule 4—Mode of Application
(1) An application for judicial review
shall be made to the High Court
by motion.
(2) The motion shall be supported by
an affidavit by or on behalf of
the applicant which shall
contain the following
particulars
(a) the full name, description and
address for service of the
applicant;
(b) the facts upon which the applicant
relies;
(c) the relief or remedy sought by the
applicant and the grounds on
which he seeks the relief or
remedy; and
(d) the full name, description and
address for service of the
person directly affected by the
application.
Rule 5—Notice of Application
(1) Notice of the application shall be
served on all parties named in
the applicant's affidavit as
being directly affected by it.
(2) The Court may order that notice of
the application shall be served
on any person not named as being
directly affected by the
application if in its opinion it
is desirable that the person
should be given notice.
(3) A person who is served with notice
of the application may file an
affidavit in response to the
application not later than seven
days after service of the notice
on the person.
(4) An applicant shall not rely on any
ground at the hearing not set
out in the applicant's affidavit
in support of the application.
(5) The applicant may by leave of the
Court amend the grounds relied
on and upon leave being granted,
the applicant shall file a
further affidavit setting out
the grounds relied on as amended
not later than seven days after
the grant of leave or such other
time as the Court may order.
(6) Where the respondent wishes to
file a reply to the applicant's
amended affidavit, the
respondent shall do so within
seven days of service of the
further affidavit.
(7) No further affidavits may be filed
by either the applicant or any
respondent except by leave of
the Court.
(8) Each party to the application
shall supply to every other
party copies of every affidavit
the party proposes to use at the
hearing of the application.
Rule 6—Hearing of Application
(1) The Court may on the hearing of an
application for judicial review,
allow a person who desires to
oppose the application to be
heard notwithstanding that the
person has not been served with
notice of the application and
may direct that person to file
an affidavit.
(2) Within 14 days after filing the
Notice of application, the
applicant shall file such number
of copies of the applicant’s
statement of case as the
Registrar shall determine
setting out fully his arguments
and relevant statutes or decided
cases he wishes the Court to
consider.
(3) If the applicant does not file a
statement of case within the
time stipulated in subrule 2,
the Registrar shall certify that
fact to the Court which may
dismiss the application for
non-prosecution or make such
other order as it may consider
appropriate.
(4) If the applicant files a statement
of case the Registrar shall
cause a copy to be served on
each respondent or interested
party or his lawyer within seven
days from the date of filing.
(5) A respondent or any interested
party who wishes to contest the
application shall file such
number of his statement of case,
as the Registrar may determine,
within 14 days of the service of
the statement of the applicant's
case on him and shall set out
his arguments in full citing all
relevant statutes and decided
cases intended for the
consideration of the Court.
(6) The Registrar shall cause to be
served on the applicant and on
every other interested party, if
separately represented, a copy
of the respondent's statement of
case.
(7) The Registrar shall within seven
days of causing the respondent's
statement of case to be served
on the applicant and other
interested parties, fix the
application for hearing by the
Court and shall notify the
parties of the date for the
hearing.
(8) The application shall be
considered and disposed of by
the Court on the basis of the
papers filed and if considered
necessary by the Court, oral
submissions from the parties or
their lawyers may also be
received and considered by the
Court.
Rule 7—Certiorari
(1) Where the applicant seeks an order
of certiorari to remove any
proceedings for the purpose of
quashing them the applicant
shall at least seven days before
the hearings of the application
file in the registry of the
Court a copy of any order,
warrant, commitment, conviction,
inquisition or record verified
by affidavit, otherwise the
applicant shall not be heard
unless the applicant's failure
to do so is explained to the
satisfaction of the Court.
(2) On the hearing of an application
for certiorari, the Court if
satisfied that there are grounds
for quashing the decision or
proceeding to which the
application refers, may quash it
and may in addition to quashing
it remit the matter to the
court, tribunal or authority
concerned with a direction to
reconsider it and proceed in
accordance with the findings of
the Court.
Rule 8—Injunction or Declaration
(1) In an application for the relief
of injunction, declaration or
damages, if the Court considers
that the relief should not be
granted on an application for
judicial review but might have
been granted if sought in an
action commenced by writ by the
applicant at the time the
application was made, it may
instead of refusing the
application order the
proceedings to continue as if
they had been commenced by writ.
(2) Where the Court makes an order
under subrule (1) for the
proceedings to continue it may
direct that the parties shall
settle the issues for trial and
give such further directions for
the conduct of the proceedings
as it may consider necessary for
the just and expeditious
disposal of the matter.
Rule 9—Protection for Person acting in
Obedience to Mandamus
No action or proceedings shall be
commenced or prosecuted against
any person in respect of
anything done in obedience to an
order of mandamus.
ORDER 56—HABEAS CORPUS
Rule 1—Application for Habeas Corpus
ad Subjiciendum
(1) An application for a writ of
habeas corpus ad subjiciendum
shall be made to the Court,
except that
(a) in vacation or at any time when no
court is sitting it may be made
to a Judge otherwise than in
court;
(b) in cases where the application is
made on behalf of an infant, it
shall be made in the first
instance to a Judge otherwise
than in court.
(2) Subject to subrule (3), an
application for such writ may be
made ex-parte and shall be
supported by an affidavit by the
person restrained setting out
the nature of the restraint.
(3) Where the person restrained is
unable for any reason to make
the affidavit required by
subrule (2), the affidavit may
be made by some other person on
behalf of the person restrained
and that affidavit shall state
that the person restrained is
unable to make the affidavit for
reasons stated in the affidavit.
Rule 2—Power of Court to which
Ex-parte Application is made
(1) The Court or Judge to whom an
application under rule 1 is made
ex-parte may make an order
forthwith for the writ to issue,
or may,
(a) where the application is made to a
Judge otherwise than in the
Court, direct that an
application be made by motion on
notice to the Court; or
(b) where the application is made to
the Court, adjourn the
application so that notice of it
may be given.
(2) The notice of the application
shall be served on the person
against whom the issue of the
writ is sought and on such other
persons as the Court or Judge
may direct and, unless the Court
or Judge otherwise directs,
there shall be at least four
clear days between the date of
the service of the notice and
the date stated in the notice
for the hearing of the
application.
Rule 3—Copies of Affidavits to be
Supplied
Every party to an application under
rule 1 shall supply to every
other party copies of the
affidavit which the party
proposes to use at the hearing
of the application.
Rule 4—Power to Order Release of
Persons Restrained
Without prejudice to rule 2 (1), the
Court or Judge hearing an
application for a writ of habeas
corpus ad subjiciendum may in
the Court's or judge's
discretion order that the person
restrained be released, and such
order shall be a sufficient
warrant to any officer in charge
of a prison, police officer or
other person for the release of
the person under restraint.
Rule 5—Directions as to Return of Writ
Where a writ of habeas corpus ad
subjiciendum is ordered to
issue, the Court or Judge by
whom the order is made shall
give directions as to the Court
or Judge before whom, and the
date on which the writ is
returnable.
Rule 6—Service of Writ and Notice
(1) Subject to subrules (2) and (3), a
writ of habeas corpus ad
subjiciendum shall be served
personally on the person to whom
it is directed.
(2) Where it is not possible to serve
the writ personally, or if it is
directed to a governor of a
prison, police officer or other
public official, it shall be
served by leaving it with a
servant or agent of the person
to whom the writ is directed at
the place where the person
restrained is confined or
restrained.
(3) Where the writ is directed to more
than one person, the writ shall
be served in the manner provided
by this rule on the person first
named in it, and copies shall be
served on each of the other
persons in the same manner as
the writ.
(4) There shall be served with the
writ a notice stating the Court
or Judge before whom and the
date on which the person
restrained is to be brought and
that in default of obeying,
proceedings for committal of the
party disobeying will be taken.
Rule 7—Return to the Writ
(1) The return to a writ of habeas
corpus ad subjiciendum shall be
endorsed on or annexed to the
writ and shall state all the
causes of the detention of the
person restrained.
(2) The return may be amended or
another return substituted by
leave of the Court or Judge
before whom the writ is
returnable.
Rule 8—Procedure at Hearing of Writ
When a return to a writ of habeas
corpus ad subjiciendum is made,
the return shall first be read
and motion then made to
discharge or remand the person
restrained or to amend or quash
the return, and where that
person is brought in accordance
with the writ, that person's
lawyer shall be heard first,
then the lawyer for the
Republic, and the lawyer for the
person restrained in reply.
Rule 9—Order Subject to Habeas Corpus
Act and any other Enactment
This Order shall be subject to the
Habeas Corpus Act, 1964 (Act
244) and to any other enactment
for the time being in force.
ORDER 57—DEFAMATION ACTION
Rule 1—Application
These Rules apply to action for libel
and slander subject to the rules
in this Order.
Rule 2—Indorsement of Claim in Libel
Action
Before a writ is issued in an action
for libel it shall be indorsed
with a statement giving
sufficient particulars of the
publication in respect of which
the action is brought to enable
them to be identified.
Rule 3—Obligation to give Particulars
(1) Where in an action for libel or
slander the plaintiff alleges
that the words or matters
complained of have been used in
a defamatory sense other than
their ordinary meaning, he shall
give particulars of the facts
and matters on which he relies
in support of the sense alleged.
(2) Where in an action for libel or
slander the defendant alleges
that, in so far as the words
complained of consist of
statements of fact, they are
true in substance and in fact,
and in so far as they consist of
expressions of opinion, they are
fair comment on matter of public
interest, or pleads to the like
effect, the defendant shall give
particulars stating which of the
words complained of the
defendant alleges are statements
of fact and of the facts and
matters the defendant relies on
in support of the allegation
that the words are true.
(3) Where in an action for libel or
slander the plaintiff alleges
that the defendant maliciously
published the words or matters
complained of, the plaintiff
need not in the statement of
claim give particulars of the
facts on which the plaintiff
relies in support of the
allegation of malice, but if the
defendant pleads that any of
those words or matters are fair
comment on a matter of public
interest or were published on a
privileged occasion and the
plaintiff intends to allege that
the defendant was actuated by
express malice, the plaintiff
shall serve a reply giving
particulars of the facts and
matters from which the malice is
to be inferred.
(4) This rule shall apply to a
counterclaim for libel or
slander as if the party making
the counterclaim were the
plaintiff and the party against
whom it is made the defendant.
Rule 4—Payment into Court
Where in an action for libel or
slander against several
defendants sued jointly the
plaintiff, in accordance with
Order 18 rule 3, accepts money
paid into court by any of the
defendants in satisfaction of
the plaintiff's cause of action
against that defendant, then
notwithstanding anything in
Order 18 rule 3(2) the action
shall be stayed against that
defendant only, but
(a) the sum recoverable under any
judgment given in the
plaintiff's favour against any
other defendant in the action by
way of damages shall not exceed
the amount, paid into court by
the defendant against whom the
action has been stayed; and
(b) the plaintiff shall not be
entitled to costs against the
defendant who has made the
payment after the date of the
payment into court unless either
the amount of the damages
awarded to the plaintiff is
greater than the amount paid
into court and accepted by the
plaintiff or the Court is of the
opinion that there was
reasonable ground for the
plaintiff to proceed with the
action against the other
defendant who made the payment.
Rule 5—Payment by way of Amends
(1) In an action for libel published
in any public newspaper or other
periodical publication the
defendant may after paying into
court a sum of money by way of
amends, plead by way of defence
that
(a) the libel was published without
malice and without gross
negligence;
(b) before the commencement of the
action or at the earliest
opportunity afterwards the
defendant inserted in that
newspaper or periodical
publication a full apology for
the libel or (if that newspaper
or periodical publication is
ordinarily published at
intervals exceeding one week)
that the defendant had offered
to publish the apology in any
newspaper or periodical
publication to be selected by
the plaintiff; and
(c) the defendant has paid into court
a sum of money by way of amends
for the injury sustained by the
plaintiff from the publication
of the libel.
(2) Order 18 rule 7 shall not apply in
relation to a pleading under
this rule.
(3) The plaintiff may reply generally
denying the whole plea under
subrule (1).
Rule 6—Statement in Court
(1) Where a party accepts money paid
into court in satisfaction of a
cause of action for libel or
slander, the plaintiff or
defendant may apply to the Court
for leave to make in open court
a statement in terms approved by
the Court.
(2) Where a party to an action for
libel or slander which is
settled before trial wishes to
make a statement in open court,
an application shall be made to
the Court for an order that the
action be set down for trial,
and before the date fixed for
the trial the statement shall be
submitted for the approval of
the Judge before whom it is to
be made.
Rule 7—Certain Interrogatories not
Allowed
In an action for libel or slander
where the defendant pleads that
the words or matters complained
of are fair comment on a matter
of public interest or were
published on a privileged
occasion, no interrogatories as
to the defendant's sources of
information or grounds of belief
shall be allowed.
Rule 8—Evidence in Mitigation of
Damages
(1) In an action for libel or slander
in which the defendant does not
by the defendant's defence
assert the truth of the
statement complained of, the
defendant shall not be entitled
at the trial to give evidence in
chief, with a view to mitigation
of damages, as to the
circumstances under which the
defamation was published, or as
to the character of the
plaintiff, without leave of the
Court, unless seven days at
least before the trial, the
defendant gives particulars to
the plaintiff of the matters in
respect of which the defendant
intends to give evidence.
(2) In an action for libel or slander
the defendant may at the time of
serving the statement of defence
on the plaintiff give written
notice to the plaintiff of the
defendant's intention to give
evidence in mitigation of
damages that the defendant made
an apology to the plaintiff for
the defamation before the
commencement of the action or at
the earliest opportunity
afterwards; and where notice is
given, the defendant may give
the evidence.
ORDER 58—COMMERCIAL COURT RULES
Rule 1—Application of Commercial Court
Rules
The rules in this Order shall apply to
the Commercial Division of the
High Court known as the
"Commercial Court" set up to
handle commercial claims.
Rule 2—Nature of Commercial Claim
A commercial claim is any claim
arising out of trade and
commerce and includes any claim
relating to:—
i. The formation or governance of a
business or commercial
organization.
ii. The winding up or bankruptcy of a
Commercial or business or
commercial organization or
corporate person.
iii. The restructuring or payment of
commercial debts by or to
business or commercial
organization or person.
iv. A business document or contract.
v. The export or import of goods.
vi. The carriage of goods by sea, air,
land or pipeline.
vii. The exploration of oil and gas
reserves.
viii. Insurance and reinsurance.
ix. Banking and financial services
x. Business agency;
xi. Disputes involving Commercial
Arbitration and other
settlements awards.
xii. Intellectual property rights,
including patents, copyrights,
and trademarks.
xiii. Tax matters.
xiv. Commercial fraud.
xv. Application under the Companies
Code, 1969 (Act 179)
xvi. Other claims of commercial
nature.
Rule 3—Commencement and Regulation
(1) Except as otherwise provided in
this Order, actions in the
Commercial Court shall be
commenced and regulated in the
same way as actions in the High
Court; consequently the rules on
filing of writ of summons, entry
of appearance, defence and reply
shall apply to actions in the
Commercial Court.
(2) Applications for Summary judgment
or judgment on admissions shall
not be filed until after the
pre-trial settlement conference.
Rule 4—Procedure after Reply.
(1) After a Reply has been filed or
the time for filing the Reply
has elapsed, the Administrator
of the Commercial Court shall,
within three days assign the
case to one of the Commercial
Court Judges, to conduct a
pre-trial settlement conference.
(2) The pretrial judge shall within a
period of thirty (30) days from
the date the writ is assigned to
him, invite the parties to
settle issues for trial and
effect settlement of the
dispute.
(3) At a pre-trial settlement
conference, the parties may be
represented by their counsel.
(4) Experts may be invited by the
pre-trial judge to assist at a
pre-trial settlement conference.
(5) Any disclosures made or documents
presented at the pre-trial
conference shall be without
prejudice.
Rule 5—Extension of Period for
Settlement
Where at the end of the 30 days, there
is a reasonable prospect of
settlement the pre-trial judge
may with the consent of the
parties, extend the pretrial
settlement period for a further
period not exceeding thirty (30)
days.
Rule 6—Agreement to Settle Dispute
(1) At the pre-trial conference,
parties may, instead of allowing
the pre-trial judge to settle
the dispute through mediation,
negotiation, arbitration or any
other mode of settlement agree
to refer their dispute to an
external person or body to
settle same, and the pre-trial
judge shall give directions and
time for the settlement.
(2) The time for the settlement
process shall not exceed 30 days
in the first instance, with not
more than a further 15 days.
Rule 7—Terms of Settlement
Whenever the dispute is settled at the
pre-trial settlement conference
or by an external person or
body, the terms of the
settlement shall be read over to
the parties or their counsel and
entered as the judgment of the
court.
Rule 8—Failure of Settlement
Proceedings
If no amicable settlement is reached,
the pre-trial judge shall at the
time settlement broke down,
direct the parties to the
Administrator who shall
immediately fix a date before
another judge on the issues set
down for hearing at the
pre-trial settlement conference.
The hearing date shall not
exceed twenty-one days from the
time settlement broke down.
Rule 9—Failure to Attend Pre-trial
Settlement Conference
Where a party to a case or the
parties' recognized agent or
advocate fails without good
cause to attend pre-trial
conference or is substantially
unprepared to participate in
such conference, the pre-trial
judge shall make such orders
against the defaulting or
unprepared party, agent or
advocate as he deems fit,
including an order for costs,
unless there are exceptional
circumstances for not making
such orders/costs.
Rule 10—Trial
At the trial,
(1) The Judge may seek the services of
not more than two assessors, who
at the end of the case may state
their opinion which shall not be
binding on the judge;
(2) Assessors shall be paid fees as
determined by the Rules of Court
Committee.
Rule 11—Proceeding in the Absence of
an Assessor
Where in the course of a trial one or
more of the assessors is absent,
the court may proceed and
conclude the trial with the
remaining assessor or assessors
as the case may be.
Rule 12—Procedure after Hearing
The Court shall, after the case has
been heard, sum up the evidence
for each side and then require
each assessor to state his or
her opinion in writing as to the
case generally and to any
specific question of facts
(which opinions are not binding
on the judge), and thereafter
the judge shall pronounce
judgment either at once or on
some future date, and if the
judgment is deferred a notice of
the date shall be given to the
parties or their lawyers.
Rule 13—Venue
Notwithstanding the provisions of
Order 3 of these Rules and until
such time that commercial courts
shall be established in all the
regions a Commercial Claim may
be instituted and heard in the
Commercial Court nearest to the
venue which would otherwise have
been determined by the choice of
venue rules in Order 3.
Rule 14—Fees
Fees or allowances chargeable in
Commercial Court shall be as set
out in the schedule below and
where no fees are provided for a
specific service or allowance,
the fees and allowances in force
at the High Court shall be
applicable.
Schedule of Fees at Commercial Court.
¢
1.1 Writ of summons or counterclaim
where amount does not exceed
¢100 million ..
.. .. ..
.. ..
500,000.00
1.2 Writ of summons or counterclaim
where amount exceeds ¢100
million ..
.. .. ..
.. ..
..
0.5%
2. Statement of defence or reply
.. .. ..
.. .. 250,000.00
3. Filing motions and summons
.. .. ..
.. .. 350,000.00
4. Tendering of a document as exhibit
during trial or when attached to
an affidavit ..
.. .. ..
..
2,000.00
5. Obtaining copies of record of
proceedings during
trial ..
2,000.00 per page
6. Obtaining copies of record of
proceedings after trial
.. .. 50,000
for the first 20 pages and then
2,000 for any additional
page
7. Filing notice of
appeal
i. against interlocutory decision
.. .. ..
.. ..
ii. at the end of the trial
.. .. ..
.. ..
..
450,000.00
650,000.00
8. Additional grounds of appeal
.. .. ..
.. .. 250,000.00
9. Obtaining copies or orders of
judgment 10,000 for
the first 50 pages and then
2,000.00 for every extra
page
ORDER 59—MONEYLENDERS AND MORTGAGE
ACTION
Rule 1—Application and Interpretation
(1) These Rules shall apply to a
moneylender's action and to a
mortgage action subject to the
provisions of this Order.
(2) In this Order "moneylender" has
the meaning assigned to it by
the Moneylenders Ordinance, 1940
(Cap. 176);
"moneylender's action" means an action
for the recovery of money lent
by a moneylender or for the
enforcement of any agreement or
security relating, to money
lent, which is an action brought
by the lender or an assignee;
"mortgage action" means an action in
which there is a claim by the
plaintiff for any of the
following reliefs
(a) payment of moneys secured by a
mortgage or charge;
(b) sale of the mortgaged property;
(c) appointment of a receiver;
(d) delivery of possession to the
mortgagee or person entitled to
the charge by the mortgagor or
person having the property
subject to the charge or by any
other person who is or is
alleged to be in possession of
the property;
(e) release of the property from the
security;
(f) delivery of possession by the
mortgagee.
Rule 2—Commencement of Moneylender's
Action
Before a writ beginning a
moneylender's action is issued
it shall be indorsed with a
statement that at the time of
the making of the loan or
contract or the giving of the
security in question the lender
was licensed as a moneylender
under the Moneylenders
Ordinance, 1940 (Cap. 176).
Rule 3—Particulars in Statement of
Claim
Every statement of claim in a
moneylender's or mortgage action
shall state,
(a) the date on which the loan was
made;
(b) the amount actually lent to the
borrower;
(c) the rate per cent per annum of
interest charged;
(d) the date when the contract for
repayment was made;
(e) the fact that a note or memorandum
of the contract was made and was
signed by the borrower;
(f) the date when a copy of the note
or memorandum of the contract
was made and was signed by the
borrower;
(g) the date when a copy of the note
or memorandum was delivered or
sent to the borrower;
(h) the amount repaid;
(i) the at mount due but unpaid;
(j) the date upon which the unpaid sum
became due; and
(k) the amount of interest accrued due
and unpaid on the sum.
Rule 4—Default in Moneylender's Action
(1) In a moneylender’s action,
judgment in default of
appearance or in default of
defence shall not be entered
except with leave of the Court.
(2) Notice of an application for the
grant of leave under this rule
shall be served on the
defendant.
(3) On the hearing of the application,
whether the defendant appears or
not, the Court may
(a) exercise the powers of the Court
under the Moneylenders
Ordinance, 1940 (Cap. 176);
(b) give leave to enter final judgment
for the whole or part of the
claim, if satisfied that notice
of the application has been duly
served; and
(c) as regards any part of the claim
in respect of which leave to
enter final judgment is refused,
make or give any such order or
directions as it considers
necessary for further
proceedings.
Rule 5—Judgment in Default in Mortgage
Action
(1) In a mortgage action, judgment in
default of appearance or in
default of defence shall not be
entered except with leave of the
Court.
(2) Notice of an application for the
grant of leave under this rule
shall be served on the
defendant.
ORDER 60—INSOLVENCY PROCEEDINGS
Rule 1—Application and Interpretation
(1) This Order applies to proceedings
in insolvency.
(2) In this Order unless the context
otherwise requires "Court" means
the High Court.
Rule 2—Notice of Appeal against Acts
of Official Trustee.
(1) Appeal by a person aggrieved by
the act or omission of the
Official Trustee in the
performance of the Official
Trustee's function shall be
commenced by a notice of appeal
to the High Court.
(2) The notice of appeal shall be
filed with the Registrar of the
Court within seven days of
knowledge of the act which is
the subject of the grievance.
(3) The notice of appeal may be filed
within 3 months after the dates
specified in subrule (1) if the
person proves to the
satisfaction of the Court that
the delay in filing the notice
of appeal is due to that
person's absence from the
country, sickness or other
reasonable cause and that there
has been no unreasonable delay
on that person's part.
(4) No extension of time shall be
granted after the expiration of
the 3 months specified in
subrule (3).
Rule 3—Grounds of Appeal
The notice of appeal shall set out in
numbered paragraphs, a concise
statement of the facts and of
any points of law upon which the
appellant intends to rely in
support of the appeal.
Rule 4—Registration of Insolvency
Appeals and Service on the
Official Trustee
(1) The Registrar shall upon the
receipt of the notice of appeal
endorse the date of receipt on
it and shall enter the appeal in
a register of Insolvency Appeal
which shall be kept by the
Registrar for that purpose.
(2) The Registrar shall within three
days of receipt of the notice of
appeal serve a copy on the
Official Trustee.
(3) Where the Registrar is unable to
serve the Official Trustee
within the period specified in
subrule (2) the appeal remains
valid and the Registrar shall
take steps to effect service
soon after.
Rule 5—Reply of Official Trustee
(1) The Official Trustee shall within
seven days of service of the
notice of appeal, file a reply
signed by the Official Trustee
or any other officer on behalf
of the Official Trustee.
(2) The reply shall set out in
numbered paragraphs a concise
statement of the facts and
points of law, if any, on which
the Official Trustee intends to
rely to rebut the grounds of
appeal.
(3) The Registrar shall within seven
days of the receipt of the
Official Trustee's reply cause a
copy of the reply to be served
on the appellant.
Rule 6—Registrar to give Notice of
Date of Hearing
(1) The Registrar shall within thirty
days from the date of service on
the appellant in writing fix the
appeal for hearing.
(2) The hearing date shall not be a
date which is more than 30 days
from the date the hearing date
is fixed.
Rule 7—Decision of the Court
The Court upon hearing an appeal under
this Order may make such order
as it considers appropriate in
the circumstances of the case.
Rule 8—Application to the High Court
by the Official Trustee
(1) The Court may upon an application
by the Official Trustee
(a) make an order for compliance where
a person refuses or fails to
comply with a decision made by
the Official Trustee;
(b) issue directions to the Official
Trustee where the Official
Trustee is in doubt as to any
matter that arises in the course
of the performance of its
functions.
(2) Notice of the motion shall be
served on all parties affected
at least two clear days before
the date fixed for the hearing
of the motion, which shall not
be more than 14 days after the
date of the filing of the
motion, unless the Court orders
otherwise.
Rule 9—Suspension of Proceedings in
the Court upon Commencement of
Insolvency Proceedings
(1) When insolvency proceedings are
commenced in respect of a debtor
before the Official Trustee, the
Court may, on an application by
the Official Trustee, restrain
the institution or continuation
of civil proceedings by or
against the debtor on the
subject of debts owed by the
debtor.
(2) Civil proceedings under subrule
(1) do not include proceedings
by a secured creditor for the
realization of the security.
Rule 10—Application to the Court
(1) The Court on an application by the
Official Trustee determine
matters in insolvency
proceedings in relation to a
debtor, may make:
(a) an insolvency order;
(b) an order confirming an arrangement
with creditors; or
(c) an order rescinding the protection
order.
Rule 11—Hearing of Application
(1) At the hearing of an application
under rule 10, the debtor and a
creditor who has lodged a proof
of debt may appear and be heard
either in person or by counsel
and the Official Trustee shall
submit to the Court a report on
the case.
(2) A copy of the report of the
Official Trustee to the Court
shall be served on a creditor
who has lodged a proof of debt,
two clear days before the
hearing of the application under
subrule (1).
(3) The Official Trustee's report
shall include, together with any
other information which may
assist the Court, a statement
of,
(a) the grounds on which the
protection order was made;
(b) the assets of the debtor which
have become vested in the
Official Trustee;
(c) the liabilities of the debtor;
(d) the conduct of the debtor before
and since the presentation of
the petition; and
(e) the decisions taken at the first
meeting of creditors.
(4) The Official Trustee and any other
person entitled to appear may,
with the leave of the Court,
adduce oral or written evidence
and cross examine a witness
called before the Court.
(5) The Official Trustee shall give
the assistance that the Court
may require to enable it to
reach a conclusion.
Rule 12—Confirmation of Arrangement
with Creditors
(1) The Court shall at a hearing of an
application to confirm an
arrangement with creditors
approved by the first meeting of
creditors, where grounds for
bankruptcy do not exist or do
not appear to exist, consider
(a) the fairness and reasonableness
of the terms;
(b) the provision for an order of
priority of payments
corresponding to that laid down
by any enactment for the time
being regulating insolvency; and
(c) the provision for payment in full
of the fees and outgoings due to
the Official Trustee in respect
of the insolvency proceedings.
(2) If the conditions specified in
paragraphs (a) to (c) of subrule
(1) are not satisfied, the Court
may adjourn the hearing of the
application for consideration
and direct the first meeting of
creditors to be reopened with a
view to the submission by the
debtor of proposals for a
modified arrangement.
(3) On confirmation by the Court, an
arrangement with creditors
shall, in respect of every
provable debt owed by the
debtor, become binding on the
debtor and on each creditor who
was entitled to lodge a proof of
debts, whether or not that
creditor voted in favour of the
arrangement.
(4) The Official Trustee shall
supervise the carrying into
effect of an arrangement with
creditors confirmed by the Court
and the Court may, on the
application of the Official
Trustee or a person interested,
give directions that may be
expedient for carrying it into
effect.
(5) If it appears to the Court, on the
application of the Official
Trustee or a person interested,
(a) that default has been made in
carrying into effect an
arrangement with creditors
confirmed by the Court,
(b) that for any reason it is
impracticable or would be unjust
to proceed with the arrangement,
or
(c) that confirmation of the
arrangement was procured by
fraud, the Court may annul the
arrangement but without
prejudice to anything previously
done under the arrangement.
(6) Where an arrangement is annulled,
the Court may make a protection
order against the debtor, and
these rules shall apply as if
the protection order had then
been made by the Official
Trustee on a creditor's
petition.
Rule 13—Rescission of Protection Order
(1) Upon an application by the
Official Trustee, the Court
shall rescind the protection
order if it appears to the
Court,
(a) that having regard to new evidence
and to the circumstance
generally, the order should not
have been made; or
(b) that due to payments made on
behalf of the debtor or other
change of circumstances, payment
in full has been achieved.
(2) Where the Official Trustee informs
the Court during the hearing of
an application under subrule (1)
that the assets vested in the
Official Trustee in respect of
the debtor are likely to be
sufficient to provide for
payment in full, the Court may
adjourn the hearing of the
application for consideration
and authorize the Official
Trustee to realize and
distribute the assets as if an
insolvency order had been made.
(3) Where the hearing is adjourned
under subrule (2), the Official
Trustee shall apply to the Court
for the hearing to be resumed,
(a) when payment in full has been
achieved; or
(b) if at any time it appears to the
Official Trustee that the assets
are not sufficient to provide
for payment in full.
(4) Where the Court is satisfied that
payment in full has been
achieved the Court shall rescind
the protection order.
(5) Where the interested party proves
to the satisfaction of the Court
that the Official Trustee ought
to have applied to have the
protection order rescinded, the
party may bring an application
under this rule.
Rule 14—Insolvency Order
(1) Where at the hearing of an
application under rule 12 or 13
the Court does not confirm an
arrangement with creditors or
rescind the protection order,
the Court shall make an
insolvency order.
(2) Where an insolvency order is made,
civil proceedings by or against
the debtor shall not be
instituted or continued without
the leave of the Court.
Rule 15—Public Examination of Debtor
(1) Where, at the time when an
insolvency order is made, or on
an application made by the
Official Trustee at a subsequent
time before the debtor's
discharge from the insolvency
order, it appears to the Court
that grounds for bankruptcy
exist or that it is likely they
may exist, the Court shall
direct the debtor to undergo an
examination at a public sitting
of the Court in respect of the
conduct and affairs of the
debtor,
(a) the debtor shall be examined on
oath and shall answer the
questions put by the Court or
allowed by the Court to be put
to the debtor by or on behalf of
the Official Trustee or a
creditor who has lodged a proof
of debt; and,
(b) a transcript of the examinations
shall be made and read to or by
the debtor and signed by the
debtor; and the signed
transcript may be used as
evidence in any subsequent civil
or criminal proceedings
affecting the debtor, instituted
under any enactment.
Rule 16—Adjudication of Bankruptcy
(1) Where a public examination is held
under rule 16, the Court shall
make an order adjudging the
debtor bankrupt if any of the
following has been established;
(a) that for a consecutive period of
twelve months within the three
years preceding the making of
the protection order, the debtor
continued to carry on the trade
or business of the debtor when
the debtor knew that he or she
was insolvent;
(b) that the debtor contributed to the
insolvency by rash speculations
or culpable neglect of the
business affairs of the debtor,
or by gambling or unjustifiable
extravagance;
(c) that a provable debt was
contracted by the debtor with
the intention that it should not
be met or without a reasonable
expectation of being able to
meet it;
(d) that the debtor has failed to
account satisfactorily for
assets of the debtor which have
disappeared since the date of
the making of the protection
order or during the year
previous to that date;
(e) that the debtor has persistently
and without adequate excuse
failed to carry out the duties
of the debtor in the insolvency
proceedings;
(f) under section 7 or 8 of the
Registration of Business Names,
Act 1962 (Act 151);
(g) that within the preceding three
years the debtor had been
convicted of an offence;
(2) Subject to rule 19, the order
shall specify a date for the
discharge of the bankrupt, being
a date at least two years after
the making of the order.
(3) Where the Court has directed the
debtor to undergo a public
examination under rule 15 but
the examination cannot be held
because the debtor has absconded
or is medically unfit to appear
or for any other reason, the
Court may proceed under this
rule as if the examination had
been held.
Rule 17—Liability to Arrest, and
Seizure of Property
(1) Where insolvency proceedings are
in progress against a debtor and
it appears to the Court that the
proceedings are or may be
impeded by reason that the
debtor,
(a) has absconded, or is likely to do
so,
(b) has removed, concealed, destroyed
or damaged any property, or is
likely to do so, or
(c) is likely to fail to attend as
required before the Court, the
Official Trustee or a meeting of
creditors,
the Court may, without prejudice to
its powers in relation to
contempt of court, issue a
warrant for the arrest of the
debtor or the seizure of the
property in question, or for
both the arrest and the seizure.
(2) Where a warrant of arrest is
issued under subrule (1), the
provisions of the Criminal
Procedure Code, 1960 (Act 30)
relating to arrest shall apply
in the same way as they apply to
the arrest for a criminal
offence and a debtor arrested
under that warrant may, for the
purposes of the insolvency
proceedings, be conveyed to
custody for a hearing by the
Court or the Official Trustee,
or to a meeting of creditors.
(3) Property seized under subrule (1)
shall be dealt with as the Court
may direct, but property which
does not belong to the debtor
and is not likely to be subject
to the powers of the Official
Trustee shall be returned to its
owner within twenty eight days
or such other period as the
Court may decide.
Rule 18—Liability to Interception of
Letters
(1) Where, during the period between
the making of a protection order
and the termination of the
insolvency proceedings, it
appears to the Court that the
proceedings may be impeded
unless the Official Trustee is
enabled to inspect the debtor's
incoming correspondence, the
Court may make an order directed
to the Minister responsible for
Communications requiring the
Minister to cause a postal
article in course of
transmission by post or
telegraphic means of
communication to the debtor
during the period, not exceeding
six months, specified in the
order, to be re-addressed to the
office.
(2) Subrule (1) is subject to clause
(2) of article 18 of the
Constitution.
(3) After taking the copies and
retaining the articles that the
Official Trustee considers
expedient for the purposes of
the proceedings, the Official
Trustee shall transmit the
remaining articles to the debtor
within seven days.
Rule 19—Earlier Discharge where
Payment is made
(1) (a) A person requesting for an
earlier discharge of a bankrupt
shall apply to the Official
Trustee stating the terms of
payment and any other relevant
information.
(b) The Official Trustee shall apply
to the Court for directions.
(2) Where the Court, on an application
by the Official Trustee for a
decision on proposals for an
earlier discharge of a bankrupt,
is satisfied that it will be
proper to discharge the debtor
on the date specified in the
proposal, it shall make an order
(a) fixing a date as the appointed
discharge date, and
(b) requiring the person making the
proposal to pay the sum of money
specified in the order to the
Official Trustee within the
period that is specified in the
order.
Rule 20—Alteration of Discharge Date
(1) Where upon the submission of a
report seeking the substitution
of an earlier or later date for
the appointed discharge date to
the Court by the Official
Trustee, the Court is satisfied
that the date should be altered,
it shall make an order fixing as
the appointed discharge date a
new date, it considers
appropriate.
(2) The Court may if it considers it
just deal in the same
proceedings with applications
under rule 19 and under this
rule.
Termination of Proceedings
Rule 21—When Proceedings come to an
end
(1) Where an insolvency order is not
made, insolvency proceedings
shall come to an end on
(a) the withdrawal or dismissal of the
petition by which the
proceedings were initiated;
(b) the confirmation of an arrangement
with creditors under rule 12; or
(c) the rescission of the protection
order under rule 13.
(2) Where an insolvency order is made,
the insolvency proceedings shall
come to an end on the making by
the Court of an order under rule
22.
Rule 22—Order Terminating Proceedings
(1) Upon an application to the Court
by the Official Trustee for an
order terminating the insolvency
proceedings, the Court shall
grant the application if
satisfied that the Official
Trustee has satisfied the
conditions for terminating
proceedings.
(2) If on the application of the
debtor or a creditor it appears
to the Court before the
termination of the insolvency
proceedings that assets have
been lost to the estate by
reason of a default by the
Official Trustee, the Court may
order that the debtor's official
account be credited with the sum
of money that may appear to the
Court to be just and that an
equivalent sum of money be
debited to the fees account.
Rule 23—Enquiries by the Court
(1) Upon an application by the
Official Trustee, the Court may
examine a debtor or any other
person whose examination the
Official Trustee believes will
enable the administration of the
debtors property.
(2) In proceedings under subrule (1),
the Court may
(a) examine on oath or otherwise the
person brought before it;
(b) order delivery up by that person
of assets to which the Official
Trustee is entitled under the
law governing insolvency;
(c) make any other order that it
thinks just.
Rule 24—Power of the Court to Correct
Omission of Proof of Debt by
Creditor
On an application to the Court by a
creditor who has omitted to
lodge a proof of debt within the
period allowed by law, the Court
shall make an order requiring
the Official Trustee, to pay to
the applicant the sum of money
that would have been payable to
the applicant if the omission
had not occurred so far as may
be practicable without
disturbing dividends already
declared if it is of the opinion
that the omission was excusable.
Rule 25—Arrangement Voidable unless
Registered
(1) Upon an application by the
Official Trustee or a person
interested in the matter to the
Court for a declaration that a
binding arrangement with a
creditor is voidable, if it
appears to the Court that the
arrangement is voidable by
virtue of the failure to
register, the Court shall
declare the arrangement to have
been void from the beginning or
from a later date that appears
just, unless the Court considers
that the failure to register was
neither wilful nor negligent.
(2) An arrangement which is voidable
shall not on that ground be
avoided otherwise than by the
Court under subrule (1).
(3) Where an arrangement is declared
void under this rule, the Court
may make a protection order
against the debtor and these
rules shall apply as if the
protection order had been made
on a creditor's petition by the
Official Trustee.
Rule 26—Setting aside of Arrangement
(1) Where, on the application of a
person interested, it appears to
the Court, with regard to
arrangement which is not an
arrangement subject to
avoidance,
(a) that default has been made in
carrying the arrangement into
effect;
(b) that for a reason it is
impracticable or would be unjust
to proceed with the arrangement;
or
(c) that the agreement of creditors to
the arrangement was procured by
fraud,
the Court may set aside the
arrangement but without
prejudice to anything previously
done under the arrangement.
(2) Where an arrangement is set aside
under subrule (1), the Court may
make a protection order against
the debtor and these Rules shall
apply as if the protection order
had been made on a creditor's
petition by the Official
Trustee.
Rule 27—Debtors not of Age or of
Unsound mind
Where in any proceedings in
insolvency, the debtor is a
person who has not attained
eighteen years of age or is a
person of unsound mind, the
Court may on an application of
the Official Trustee or a person
interested, appoint a person to
act as the debtor's guardian in
the proceedings.
Rule 28—Deceased Insolvent - Order
Terminating Administration
Where the Official Trustee applies to
the Court for an order
terminating the administration
of the estate of a deceased
debtor which is administered by
the Official Trustee by virtue
of any enactment, the Court
shall grant the application if
satisfied that it is duly made.
ORDER 61—DEBENTURE HOLDER'S ACTION
Rule 1—Receiver's Register
(1) In an action to enforce registered
debentures or registered
debenture stock, the Court may
appoint a receiver.
(2) Every receiver appointed by the
Court in an action to enforce
registered debentures or
registered debenture stock
shall, if so directed by the
Court, keep a register of
transfers and other transactions
of title to the debentures or
stock, in this Order referred to
as "the Receivers Register".
Rule 2—Registration of Transfers
(1) A receiver, directed to keep a
Receiver's Register, shall
register the transfer or other
transmission of title upon the
application of any person
entitled to the debenture or
debenture stock if provided with
such reasonable evidence or
identity of the applicant as the
receiver may require.
(2) Before registering a transfer the
receiver shall unless the due
execution of the transfer is
proved by affidavit, send a
notice by registered post to the
registered holder of the
debentures or debenture stock at
the registered holder's
registered address stating
(a) that an application for the
registration of the transfer has
been made; and
(b) that the transfer will be
registered unless within the
period specified in the notice
the holder informs the receiver
that he objects to the
registration,
and no transfer shall be registered
until the period specified has
lapsed.
(3) The period to be specified in the
notice referred to in subrule
(2) (b) shall not be less than
twenty-eight days after the
posting of the registered
letter.
(4) On registering a transfer or other
transmission of title under this
rule the receiver shall indorse
a memorandum on the debenture or
certificate of debenture stock
transferred or transmitted
containing a reference to the
action and to the order
appointing the receiver.
Rule 3—Application for Rectification
of Receiver's Register
(1) Any person aggrieved by anything
done or omission made by a
receiver under rule 2 may apply
to the Court for rectification
of the Receiver's Register, and
the application shall be made in
the action in which the receiver
was appointed.
(2) Notice of the application shall in
the first instance be served
only on the plaintiff or other
party having the conduct of the
action but the Court may direct
the notice to be served on any
other person who appears to be
interested.
(3) The Court hearing an application
under this rule may decide any
question relating to the title
of any person who is a party to
the application to have the
party's name entered in or
omitted from the Receiver's
Register and generally may
decide any question necessary or
expedient to be decided for the
rectification of that register.
Rule 4—Receiver's Register Evidence
Any entry made in the Receiver's
Register, if verified by an
affidavit made by the receiver
or by such other person as the
Court may direct, shall in
proceedings in the action in
which the receiver was appointed
be evidence of the transfer or
transmission of title to which
the entry relates and, in
particular, shall be accepted as
evidence for the purpose of any
distribution of assets,
notwithstanding that the
transfer or transmission has
taken place after the making of
a certificate in the action
certifying the holders of the
debentures or debenture stock
certificates.
Rule 5—Proof of Title
(1) This rule applies to an action to
enforce bearer debentures or to
enforce debenture stock in
respect of which the company has
issued debenture stock bearer
certificates.
(2) Notwithstanding that judgment has
been given in the action and
that a certificate has been made
in it certifying the holders of
the debentures or certificates
referred to in subrule (1), the
title of any person who claims
to be a holder shall, in the
absence of notice of any defect
in the title, be sufficiently
proved by the production of the
debenture or debenture stock
certificate together with a
certificate of identification
signed by the person producing
the debenture or certificate
identifying the debenture or
certificate produced, certifying
the person who is the holder of
it and giving the name and
address of the holder.
(3) Where a debenture or certificate
referred to in subrule (1) is
produced, the lawyer of the
plaintiff in the action shall
cause to be indorsed on it a
notice stating that
(a) the person whose name and address
is specified in the notice as
the holder of the debenture or
certificate in the certificate
of identification produced under
subrule (2) has been recorded in
the register as the holder of
the debenture or debenture stock
certificate;
(b) the person shall, on producing the
debenture or debenture stock
certificate, be entitled to
receive payment of any dividend
in respect of that debenture or
debenture stock unless before
payment, a new holder proves the
new holder's title in accordance
with subrule (2); and
(c) if a new holder neglects to prove
title as stated the new holder
may incur additional delay and
expense in obtaining payment.
(4) The lawyer of the plaintiff in the
action shall preserve any
certificate of identification
produced under subrule (2) and
shall keep a record of the
debenture and debenture stock
certificate produced and the
names and addresses of the
persons producing them, and of
the holders and, if the Court
requires it, the lawyer shall
verify the record by affidavit.
Rule 6—Payments
Where in an action to enforce any
debenture or debenture stock an
order is made for payment in
respect of the debenture or
debenture stock, the Controller
and Accountant-General shall not
make a payment in respect of the
debenture or debenture stock
unless there is produced to the
Controller and
Accountant-General the
certificate referred to in rule
5 or the Court has, for special
reason dispensed with the need
for the certificate and directed
payment to be made without it.
ORDER 62—MARITIME ACTION
Rule 1—Application and Interpretation
(1) These Rules apply to maritime
action subject to the provisions
of this Order.
(2) In this Order
"action" means a maritime action;
"caveat against arrest" means a caveat
entered in the Caveat Book under
rule 3 (1);
"caveat against release and payment"
means a caveat entered in the
Caveat Book under rule 12 (1);
"Caveat Book" means the book kept in
the registry in which caveats
issued under this Order are
entered;
"ship" includes any description of
vessel used in navigation.
Rule 2—Warrant of Arrest
(1) After a writ has been issued in an
action, a warrant for the arrest
of the property against which
the action or any counterclaim
in the action is brought may,
subject to the provisions of
this rule, be issued at the
instance of the plaintiff or
defendant.
(2) A party applying for the issue out
of the registry of a warrant to
arrest any property shall search
the Caveat Book to ascertain
whether there is a caveat
against arrest in force with
respect to that property.
(3) A warrant of arrest shall not be
issued until the party applying
for it has filed a request for
the issue of the warrant
together with an affidavit made
by the party or the party's
agent containing the particulars
required by subrules (5) and (6)
of this rule but the Court may
allow the warrant to issue
notwithstanding that the
affidavit does not contain all
those particulars.
(4) Except with leave of the Court a
warrant of arrest against a
foreign ship belonging to a port
of a state that has a consulate
in Ghana in an action for
possession of the ship or for
wages, shall not be issued until
notice that the action has begun
has been sent to the consul.
(5) Every affidavit shall state
(a) the name, address and occupation
of the applicant for the
warrant;
(b) the nature of the claim or
counterclaim in respect of which
the warrant is required and the
fact that it has not been
satisfied; and
(c) the nature of the property to be
arrested and, if the property is
a ship, the name of the ship and
the port to which she belongs.
(6) Every affidavit in an action for
possession of a ship or for
wages shall state the
nationality of the ship against
which the action is brought and
that the notice, if any,
required by subrule (4) of this
rule has been sent; and a copy
of the notice shall be annexed
to the affidavit.
Rule 3—Caveat against Arrest
(1) A person who wishes to prevent the
arrest of any property shall
file in the registry a request
for a caveat against arrest,
signed by the person or the
person's lawyer, undertaking
(a) to file appearance in any action
that may commence against the
property described in the
request; and
(b) to give bail in the action in a
sum not exceeding an amount
specified in the request or to
pay the amount specified into
court within fourteen days after
receiving notice that an action
has commenced,
and on the filing of the request, a
caveat against the issue of a
warrant to arrest the property
described in the request shall
be entered in the Caveat Book.
(2) The fact that there is a caveat
against arrest in force shall
not prevent the issue of a
warrant to arrest the property
to which the caveat relates.
Rule 4—Remedy where Property Protected
by Caveat is Arrested
(1) Where any property with respect to
which a caveat against arrest is
in force is arrested in
pursuance of a warrant of
arrest, the party at whose
instance the caveat was entered
may apply to the Court for an
order under this rule.
(2) On hearing the application the
Court, unless it is satisfied
that the party procuring the
arrest of the property had good
and sufficient reason for doing
so, may by order discharge the
warrant and may also order the
party procuring the arrest to
pay to the applicant damages in
respect of the loss suffered by
the applicant as a result of the
arrest.
Rule 5—Service of Writ
(1) Subject to subrule (2), a writ
shall be served on the property
against which the action is
brought except
(a) where that property is freight, in
which case it shall be served on
the cargo in respect of which
the freight is payable or on the
ship in which that cargo is
carried; or
(b) where that property has been sold
and the proceeds of sale paid
into Court, in which case it
shall be served on the
Registrar.
(2) A writ need not be served on the
property or on the Registrar if
the writ is deemed to have been
duly served on the defendant by
virtue of Order 7 rule 4 (2) or
(3).
(3) Where the plaintiff in an action
or the lawyer of the plaintiff
becomes aware that there is in
force a caveat against arrest
with respect to the property
against which the action is
brought, the writ shall be
served immediately on the person
at whose instance the caveat was
entered.
Rule 6—Committal of Lawyer Failing to
Comply
Where the lawyer of a party to an
action fails to comply with a
written undertaking given by the
lawyer to any other party, or
the lawyer fails to file
appearance in the action, give
bail or pay any money into court
in lieu of bail, the lawyer
shall be liable to committal for
contempt.
Rule 7— Execution of Warrant of Arrest
(1) A warrant of arrest is valid for
twelve months beginning from the
date of its issue.
(2) A warrant of arrest may be
executed only by a bailiff.
(3) A warrant of arrest shall not be
executed until an undertaking in
writing, satisfactory to the
Registrar, to pay the fees and
expenses of the bailiff has been
lodged in the registry.
(4) A warrant of arrest shall not be
executed if the party at whose
instance it has been issued
lodges a written request to that
effect with the Registrar.
(5) A warrant of arrest issued against
freight may be executed by
serving the warrant on the cargo
in respect of which the freight
is payable or on the ship in
which the cargo is carried or on
both of them.
(6) Subject to subrule (5), a warrant
of arrest shall be served on the
property against which it is
issued.
(7) No instrument except a warrant of
arrest shall be served on a
Sunday.
(8) Within seven days after the
service of a warrant of arrest,
the warrant shall be filed in
the registry by the bailiff who
served it or by the party who
produced it to be issued.
Rule 8—Service of Warrant or Writ on
Ships
(1) Subject to subrule (2), service of
a warrant of arrest or writ in
an action against a ship,
freight or cargo shall be
effected by
(a) affixing the warrant or writ for a
short time on any mast of the
ship or on the outside of any
suitable part of the ship's
superstructure; and
(b) on removing the warrant or writ,
leaving a copy of it affixed, in
the case of the warrant, in its
place and in the case of the
writ on a sheltered conspicuous
part of the ship.
(2) Service of a warrant of arrest or
writ in an action against
freight or cargo or both shall,
if the cargo has been landed or
transhipped, be effected
(a) by placing the warrant or writ for
a short time on the cargo and on
removing the warrant or writ,
leaving a copy of it on the
cargo; or
(b) if the cargo is in the custody of
a person who will not permit
access to it, by leaving a copy
of the warrant or writ with that
person.
Rule 9—Applications Relating to
Property under Arrest
(1) The Registrar may at any time
apply to the Court for
directions with respect to
property under arrest in an
action and if the Court so
directs, shall give notice of
the application to any or all of
the parties to each action
against the property.
(2) The Registrar shall send a copy of
any order made under subrule (1)
to all the parties to each
action against the property to
which the order relates.
Rule 10—Release of a Property under
Arrest
(1) Except where property arrested in
pursuance of a warrant of arrest
is sold under an order of the
Court, the property shall only
be released under the authority
of an instrument of release, in
this rule referred to as a
"release", issued out of the
registry.
(2) A party at whose instance any
property is arrested may, before
appearance is filed in the
action, file a notice
withdrawing the warrant of
arrest and, if he does so, a
release shall, subject to
subrules (3) and (5), be issued
with respect to that property.
(3) Unless the Court otherwise orders,
a release shall not be issued
with respect to property for
which a caveat against release
is in force.
(4) A release may be issued at the
instance of a party interested
in the property under arrest if
the Court orders, or, subject to
subrule (3), if all the other
parties to the action in which
the warrant of arrest is issued
consent.
(5) Before a release is issued the
party entitled to its issue
shall
(a) if there is a caveat against
release in force for the
property in question, give
notice to the party at whose
instance it is entered or the
party's lawyer, requiring the
caveat to be withdrawn; and
(b) file a request for the issue of a
release.
(6) Before property under arrest is
released in compliance with a
release issued under this rule,
the party at whose instance it
is issued shall, in accordance
with the directions of the
Registrar, either pay the costs,
charges and expenses due in
connection with the care and
custody of the property while
under arrest or give a written
undertaking to do so.
(7) The Court may, on the application
of any party who objects to
directions given to the party by
the Registrar under subrule (6),
vary or revoke the directions.
Rule 11—Caveat against Release
(1) A person who desires to prevent
the release of any property
under arrest in an action or the
payment out of court of any
money paid into court
representing the proceeds of
sale of that property shall file
in the registry a request for a
caveat against the issue of a
release with respect to the
property or the payment out of
court of the proceeds of sale.
(2) On the filing of the request, a
caveat against the issue of a
release with respect to that
property or the payment out of
court of that money shall be
entered in the Caveat Book.
(3) Where the release of any property
under arrest is delayed by the
entry of a caveat under this
rule, any person who has an
interest in that property may
apply to the Court for an order
requiring the person who
procured the entry of the caveat
to pay to the applicant damages
in respect of the loss suffered
by the applicant by reason of
the delay, and the Court, unless
it is satisfied that the person
procuring the entry of the
caveat had good and sufficient
reason for doing so, may make an
order accordingly.
Rule 12—Duration of Caveats
(1) Every caveat entered in the Caveat
Book is valid for six months
beginning with the date of its
entry but the person at whose
instance a caveat is entered may
withdraw it by filing a request
that the caveat be withdrawn.
(2) The period of validity of a caveat
may not be extended, but this
provision shall not be taken as
preventing the entry of
successive caveats.
Rule 13—Bail
(1) Bail on behalf of a party to an
action shall be given by bond,
and the sureties to the bond
shall enter into the bond before
a Notary Public, not being a
Commissioner who, or whose
partner, is acting as lawyer or
agent for the party on whose
behalf the bail is given.
(2) Subject to subrule (3), a surety
to a bail bond shall make an
affidavit stating that the
surety is to pay the sum for
which the bond is given.
(3) Where a corporation is a surety to
a bail bond given on behalf of a
party, no affidavit shall be
made under subrule (2) on behalf
of the corporation unless the
opposite party requires it, but
where such an affidavit is
required it shall be made by a
director, manager, secretary or
other similar officer of the
corporation.
(4) The party on whose behalf bail is
given shall serve on the
opposite party a notice of bail
containing the names and
addresses of the persons who
have given bail on behalf of the
party and of the Notary Public
before whom the bail was entered
into; and after the expiration
of three days from the service
of the notice, or sooner with
the consent of the opposite
party, the party may file the
bond and shall at the same time
file the affidavit proving the
service of the notice of bail; a
copy of which notice shall be
exhibited.
Rule 14—Interveners
(1) Where property against which an
action is brought is under
arrest or money representing the
proceeds of sale of that
property is in court, a person
who has an interest in that
property or money but is not a
defendant to the action may,
with leave of the Court,
intervene in the action.
(2) In application for the grant of
leave under this rule shall be
made ex-parte by affidavit
showing the interest of the
applicant in the property
against which the action is
brought or in the money in
court.
(3) A person to whom leave is granted
to intervene in an action shall
file appearance within the
period specified in the order
granting leave; and Order 9
shall, with the necessary
modifications, apply to the
filing of appearance by an
intervener as if the intervener
were a defendant named in the
writ.
(4) The Court may order that a person
to whom it grants leave to
intervene in an action shall,
within such period as may be
specified in the order, serve on
every other party to the action
such pleading as may be
specified.
Rule 15—Judgment by Default
(1) Where a writ is served under rule
5 (3) on a party at whose
instance a caveat against arrest
is issued, if
(a) the sum claimed in the action
commenced by the writ does not
exceed the amount specified in
the undertaking given by that
party or that party's lawyer to
procure the entry of that
caveat; and
(b) that party or that party's lawyer
does not within fourteen days
after service of the writ fulfil
the undertaking given as stated,
the plaintiff may, after filing an
affidavit verifying the facts on
which the action is based, apply
to the Court for judgment by
default.
(2) Where a defendant to an action
fails to file appearance within
the time limited for appearing,
then on the expiration of
fourteen days after service of
the writ and upon filing an
affidavit proving due service of
the writ, and verifying the
facts on which the action is
based with a copy of the
statement of claim, the
plaintiff may apply to the Court
for judgment by default.
(3) Where the writ is served on the
defendant by virtue of Order 7
or is served on a Registrar
under rule 5 of this Order, an
affidavit proving due service of
the writ need not be filed under
subrule (2) but the writ as
indorsed by the Registrar with a
statement that he accepts
service of the writ shall be
lodged with the affidavit
verifying the facts on which the
action is based.
(4) Where a defendant to an action
fails to file a defence for
service on the plaintiff, after
the expiration of the period
fixed by or under these Rules
for service of the defence, and
upon filing an affidavit stating
that no defence was served on
the plaintiff by the defendant
during that period, and an
affidavit verifying the facts on
which the action is based and a
copy of the statement of claim,
the plaintiff may apply to the
Court for judgment by default.
(5) Where a defendant to a
counterclaim in an action fails
to file a defence to
counterclaim for service on the
defendant making the
counterclaim, then after the
expiration of the period fixed
by or under these Rules for
filing of the defence to the
counterclaim, the defendant
making the counterclaim upon
filing an affidavit stating that
no defence to the counterclaim
has been filed by the
first-mentioned defendant during
that period, with an affidavit
verifying the facts on which the
counterclaim is based and a copy
of the counterclaim, may apply
to the Court for judgment by
default.
(6) If, on hearing an application
under this rule, the Court is
satisfied that the applicant's
claim is well founded, it may
give judgment for the claim and
may at the same time order the
property against which the
action or counterclaim is
brought to be valued and sold
and the proceeds paid into court
or may make such other order as
it considers just.
(7) In a default action, evidence may,
unless the Court otherwise
orders, be given by affidavit
without any order or direction
for that purpose.
(8) The Court may, on such terms as it
thinks just, set aside or vary
any judgment entered in
pursuance of this rule.
(9) Order 10 and Order 13 shall not
apply to actions under this
Order.
Rule 16—Request for Appraisement and
Sale of Property
(1) A commission to appraise and sell
any property under an order of
the Court shall not be issued
until the party applying for it
has filed a request for such
commission.
(2) The commission shall be executed
by the Registrar unless the
Court otherwise orders.
(3) The commission shall not be
executed until an undertaking in
writing satisfactory to the
Registrar to pay the fees and
expenses of the Registrar on
demand has been lodged in the
registry.
(4) The Registrar shall pay into Court
the gross proceeds of the sale
of any property sold by the
Registrar under a commission to
sell and shall bring into court
the account relating to the
sale, with vouchers in support,
in order that it may be passed
by the Court.
(5) On the consideration by the Court
of the Registrar's account
relating to a sale, any person
interested in the proceeds of
the sale shall be entitled to be
heard, and any objection to the
account shall be heard by the
Court.
Rule 17—Payment into and out of Court
(1) Order 18, except rules 3 to 5,
shall apply to a maritime action
as it applies to an action for
debt or damages.
(2) Subject to Subrule (3), money paid
into Court shall not be paid out
except in pursuance of an order
of the Court.
(3) The Registrar may, with the
consent of the parties
interested in money paid into
court, order the money to be
paid out to the person entitled
in the following cases
(a) where property has been sold and
the proceeds of the sale paid
into court, and the parties are
agreed as to the persons to whom
the proceeds shall be paid and
the amount to be paid to each of
those persons; or
(b) where there is no dispute between
the parties.
Rule 18—Agreement between Lawyers may
be made by Order of Court
Any agreement in writing between the
lawyers of the parties to any
cause or matter, dated and
signed by those lawyers, may be
filed in the registry and
thereupon the Court may make an
order giving effect to the
agreement.
ORDER 63—INTELLECTUAL PROPERTY RIGHTS
PROCEEDINGS
Rule 1—Commencement of Intellectual
Property rights Proceedings
(1) An action for the enforcement of
an intellectual property right
shall commenced by the issue of
a writ of summons
(a) in either the Commercial Division
of the High Court in which case
the Commercial Court Rules under
Order 58 shall apply; or
(b) in any other Division of the High
Court as may be directed by the
Chief Justice in which case
Orders 2 to 16 of these Rules
shall apply, except that
(i) a statement of defence and any
counterclaim shall be filed
within fourteen days after the
service of the writ;
(ii) a pre-trial conference as
provided for in rules 4, 5, 6
and 7 of the Commercial Court
Rule, Order 58 shall be held in
place of summons for directions,
not later than 21 days after the
service of the statement of
defence; and
(iii) where the matter is not settled
at the pre-trial conference, the
trial shall start not later than
30 days after the pre-trial
conference.
Rule 2—Production of Evidence or
Document by other Party
Where in an action in the Court, a
party presents reasonable
evidence to support that party's
claims and specifies that some
other relevant evidence or
document necessary to
substantiate the claims is in
the possession or control of the
other party, the Court may order
that other party to produce the
evidence or document subject to
such conditions as the Court may
determine for the protection of
confidential information.
Rule 3—Failure of other Party to
Produce Evidence or Document
Where a party ordered by the Court
under rule 2 to produce
evidence,
(a) refuses without good reason to
produce or give access to the
evidence;
(b) does not produce the evidence
within the time specified by the
Court, which shall in any case
not exceed fourteen days; or
(c) does any thing which impedes the
enforcement of a right, the
provisions of order 21 rule 14
shall apply.
Rule 4—Imported or Manufactured
Infringing Goods
(1) The Court may upon an application
on notice by the holder of an
intellectual property right,
order
(a) that imported goods which have not
yet been cleared and which are
alleged or actually infringe the
property rights of the holder be
seized by the Customs, Excise
and Preventive Service and
prevented from entering into the
channels of trade;
(b) that imported goods that are
alleged or actually infringe the
property rights of the holder
should not to be allowed to
enter the channels of trade by
the person who has custody of
the goods immediately after
customs clearance;
(c) that manufactured goods still at
the factory or other place of
manufacture that are alleged or
actually infringe the property
rights of the holder should not
be allowed to enter the channels
of trade by the person who has
custody of the goods.
(2) Where the Court upon hearing the
application finds that the
person who imported the alleged
or actually infringing goods,
did not know or did not have
reasonable grounds to know that
those goods infringe an
intellectual property right, the
Court shall not issue a
restraining order.
(3) The Court shall not make any order
on an application brought under
subrule 4(1) unless the person
bringing the application gives
an undertaking to pay for the
cost of the imported or
manufactured goods or deposits
money as security in lieu of the
undertaking.
Rule 5—Ex parte Application for Actual
or Threatened Infringement
(1) The Court may upon an ex parte
application by a party make
interim orders it considers
necessary in order to
(a) prevent an actual or threatened
infringement of an intellectual
property right from occurring
and notwithstanding rule 4(1),
in particular to prevent the
entry into the channels of
commerce of goods, including
imported goods; or
(b) preserve relevant evidence
relating to an alleged actual or
threatened infringement
on the ground that a delay is likely
to cause irreparable harm to the
right holder or that there is a
considerable risk of evidence
being destroyed.
(2) An applicant for an interim order
under subrule (1) shall satisfy
the Court that
(a) the applicant is the right holder
(b) that the applicant's right is
being infringed or that an
infringement is imminent
and shall provide sufficient security
to protect the respondent.
(3) The Court may order an applicant
under subrule (1) to provide
information necessary for the
identification of any goods
referred to in the application
to the authority that will
execute the interim order.
Rule 6—Notice of Interim Order
(1) Where the Court makes an interim
order under rule 5 (1), the
party affected by the order
shall be given notice of the
order within seven days after
the making of the order and in
any case within twenty four
hours after the execution of the
order.
(2) Where an interim order is made by
the Court, the party affected by
the order may apply to the Court
to revoke the order, if
proceedings leading to a
decision on the merits of the
case are not initiated within
twenty-one days.
(3) Where the Court revokes an interim
order or where an interim order
lapses due to an act or omission
by the applicant, or where the
Court finds that there has been
no infringement or threat of an
infringement of an intellectual
property right, the Court may
upon an application by the
respondent, order the applicant
to provide appropriate
compensation for any injury
caused by the order.
Rule 7—Compensation
The Court may order a party on whose
application measures were taken
and who has abused enforcement
procedures to provide to a party
wrongfully enjoined or
restrained, adequate
compensation for the injury
suffered because of the abuse.
Rule 8—Damages for Infringement and
Cost
(1) Where in an action for actual or
threatened infringement of an
intellectual property right the
infringement is proved, the
Court may order the party
responsible for the infringement
to pay to the right holder
damages which are adequate to
compensate for the injury, the
right holder has suffered.
(2) The Court may in addition to
awarding damages under subrule
(1), order a person whom it has
found to have infringed the
property right of a right
holder, to pay the costs of the
right holder.
Rule 9—Other Remedies for Infringement
(1) Where in an action for actual or
threatened infringement of an
intellectual property right it
is established that the
defendant did not believe and
had no reason to believe that
the right subsisted in the
property to which the action
relates, the Court shall,
subject to subrule (2), not
award damages to the plaintiff
but may award any other remedy.
(2) Notwithstanding subrule (1) and
rule 5 (2), the Court may order
a person who did not knowingly
infringe or did not have
reasonable grounds to know that
he has infringed the property
rights of the rights holder, to
pay back the profits earned as a
result of the infringement or to
pay pre-established damages to
the right holder.
Rule 10—Additional Damages
The Court may in an action for actual
or threatened infringement of an
intellectual property right,
having regard to the
circumstances and in particular
to
(a) the flagrancy of the infringement,
and
(b) the benefit accruing to the
defendant by reason of the
infringement award additional
damages as the case may require.
Rule 11—Disclosure in Respect of
Infringement
The Court may, where it considers
appropriate, on its own motion
or on an application by the
plaintiff, order the defendant,
upon satisfactory proof of the
infringement, to disclose to the
plaintiff;
(a) the identity of other persons
known to the defendant to be
involved in the production and
distribution of the infringing
goods or services, and
(b) the channels of distribution of
the infringing goods or
services.
Rule 12—Infringing Article or Article
Designed to Aid Infringement
(1) Where a person is in possession or
has custody or control,
(a) in the course of business of an
article which infringes a
property right, or
(b) of an article that is designed or
adapted to be used to aid or
facilitate the infringement of a
property right and the person
who has possession, custody or
control knows or has reason to
believe that the article has
been used or is to be used for
the purposes of infringement of
a property right
the holder of the property right may
apply to the Court for an order
for the delivery of the article
to the right holder, or to any
other person the Court may
determine.
(2) A person to whom an article is
delivered under subrule (1)
shall keep the article, pending
the determination by the Court
of the final disposal of the
article.
Rule 13—Time for Application for
Delivery
(1) Subject to subrule (2) an
application for an order for the
delivery of an article under
rule 12, may not be made after a
period of six years from the
date the infringement occurred.
(2) If during the whole or part of the
period referred to in subrule
(1), the holder of the property
right
(a) is under disability, or
(b) is prevented by reason of fraud or
concealment from discovering the
fact that will enable the holder
to apply for an order,
an application may be made before the
end of the period of six years
from the date on which the
holder ceased to be under a
disability or could have, with
reasonable diligence, discovered
those facts.
Rule 14—Disposal of Infringing Article
by the Court
(1) The Court may either on an
application by the right holder
or on its own motion order that
(a) an article in respect of which the
Court has found that there has
been infringement
(i) be forfeited to the right holder;
or
(ii) be destroyed or disposed of
outside the channels of commerce
in a manner that will not cause
any harm to the right holder;
(b) a material or implement which has
being predominantly used for an
infringement be disposed of
outside the channels of commerce
in a manner that will minimize
further infringement without
compensation of any sort.
(2) The Court shall before disposing
of an article under subrule (1),
serve notice of the disposal on
any person who has an interest
in that article.
(3) A person who claims an interest in
an article to be disposed of by
the Court may
(a) appear personally or by a lawyer
or any other person in
proceedings for the order for
the disposal of the article
whether or not that person was
served with notice;
(b) appeal against the order for
disposal whether or not that
person appeared in the
proceedings.
(4) An order for disposal of an
article shall not take effect
unless
(a) the period within which a notice
of appeal may be given has
expired, and
(b) where an appeal has been filed,
the appeal has been finally
determined or abandoned.
(5) Where there is more than one
person interested in an article
to be disposed of, the Court may
make an order that it thinks
just and may in particular
direct that the article be sold
or otherwise dealt with and the
proceeds divided in a manner
prescribed by the Court.
Rule 15—Licence and Licensees
(1) If in proceedings for infringement
of an intellectual property
right in respect of which a
licence is available, the
defendant undertakes to take a
licence on terms that may be
agreed on,
(a) an injunction shall not be granted
against the defendant;
(b) an order of delivery shall not be
made against the defendant; and
(c) the amount recoverable against the
defendant by way of damages or
on account of profits shall not
exceed double the amount which
would have been payable by the
defendant as a licensee if a
licence on the terms agreed on
had been granted before the
infringement.
(2) Where an action for infringement
of an intellectual property
right relates to an infringement
in which the property right
owner and an exclusive licensee
have concurrent rights of action
(a) the Court shall in assessing
damages take into account
(i) the terms of the licence; and
(ii) any pecuniary remedy already
awarded or available to either
of them in respect of the
infringement;
(b) an account of profits shall not be
directed if an award of damages
has been made, or an account of
profits has earlier been
directed in favour of either of
them in respect of the
infringement; and
(c) the Court shall, if an account of
profits is directed, apportion
the profits between the parties
as the Court considers just,
subject to any agreement between
the parties
(3) The provisions of subrule (2)
apply whether or not the
intellectual property right
owner and exclusive licensee are
both parties to the action.
Rule 16—Presumptions of Authorship and
Ownership
(1) In proceedings brought with
respect to a literary, dramatic,
musical or artistic work, where
a name purporting to be that of
the author appears on copies of
the work as published or
appeared on the work when it was
made, the person whose name
appeared on the work shall,
unless the contrary is proved,
be presumed
(a) to be the author of the work;
(b) to have made the work not in the
course of employment or as a
contractor of any person, or
organisation.
(2) Where a work is alleged to be a
work of joint authorship,
subrule (1) applies to each
person alleged to be one of the
authors.
(3) Where a name does not appear,
purporting to be that of the
author as in subrule (1) but
(a) the work qualifies for
intellectual property right
protection
(b) a name purporting to be that of
the publisher appears on copies
of the work as first published,
the person whose name appears shall be
presumed, unless the contrary is
proved, to have been the owner
of the right at the time of
publication
(4) If the author of the work is dead
or the identity of the author
cannot be ascertained by
reasonable inquiry, it shall be
presumed in the absence of
evidence to the contrary
(a) that the work is an original work,
and
(b) that the plaintiff's allegation as
to what was the first
publication of the work and as
to the country of first
publication are correct.
Rule 17—Presumptions Relating to
Copyright in sound Recording,
Audio-visual Works and Computer
Programmes
(1) In proceedings with respect to a
sound recording where copies of
the recording as issued to the
public bear a label or other
mark stating
(a) that a named person was the owner
of copyright in the recording at
the date of issue of the copies,
or
(b) that the recording was first
published in a specified year or
in a specified country,
the label or mark shall be admissible
as evidence of the facts stated
and shall be presumed to be
correct until the contrary is
proved.
(2) In proceedings with respect to
audio-visual works,
(a) where copies of the audio-visual
work as issued to the public
bear a statement
(i) that a named person was the author
or director of the audio-visual
work;
(ii) that a named person was the owner
of copyright in the audio-visual
work at the date of issue of the
copies, or
(iii) that the audio-visual work was
first published in a specified
country, or
(b) where the audio-visual work as
shown in public broadcast or
included in a cable programme
service bears a statement
(i) that a named person was the
author or director of the
audio-visual work, or
(ii) that a named person was the owner
of copyright in the audio-visual
work immediately after it was
made,
the statement shall be admissible as
evidence of the facts stated and
shall be presumed to be correct
until the contrary is proved.
(3) In proceedings with respect to a
computer programme, where copies
of the programme are issued to
the public in electronic form
bearing a statement
(a) that a named person was the owner
of copyright in the programme at
the date of issue of the copies,
(b) that the programme was first
published in a specified
country; or
(c) that copies of it were first
issued to the public in
electronic form in a specified
year,
the statement shall be admissible as
evidence of the facts stated and
shall be presumed to be correct
until the contrary is proved.
(4) The presumptions in this rule
apply equally in proceedings
relating to an infringement
alleged to have occurred before
the date on which the work or
copies of the work were made
available to the public.
Rule 18—Presumptions in Relation to
the State's Copyright
In proceedings under this Order with
respect to any work protected by
copyright law, the copyright of
which is owned by the State,
where there appears on printed
copies of the work a statement
of the year in which the work
was first published
commercially, that statement
shall be admissible as evidence
of the fact stated and shall be
presumed to be correct in the
absence of evidence to the
contrary.
ORDER 64—ARBITRATION
Rule 1—Order of Reference
If the parties to an action desire
that any matter in dispute
between them in the action shall
be referred to the final
decision of an arbitrator,
either party or both parties may
apply to the Court at any time
before final judgment for an
order of reference, and on
application the Court may make
an order of reference
accordingly.
Rule 2—Appointment of Arbitrator
(1) The arbitrator shall be appointed
by the parties in such manner as
may be agreed upon between them.
(2) If the parties cannot agree on the
appointment of the arbitrator,
or if the person appointed by
them does not accept the
appointment, and the parties
desire that the appointment be
made by the Court, the Court
shall appoint the arbitrator.
Rule 3—Form of Order of Reference
(1) The Court shall, by an order under
its seal, refer to the
arbitrator the matter in dispute
in the action which the
arbitrator is required to
determine, and shall fix such
time as it thinks reasonable for
the delivery of the award.
(2) The order referring the matter to
arbitration under this rule
shall be as in Form 19 or 19A in
the Schedule.
Rule 4—Appointment of Umpire where
Necessary
If the reference is to two or more
arbitrators, provision shall be
made in the order for the
determination of a difference of
opinion among the arbitrators by
the appointment of an umpire or
by declaring that the decision
shall be with the majority or by
empowering the arbitrators to
appoint an umpire or otherwise
as may be agreed upon between
the parties; or if they cannot
agree, as the Court may
determine.
Rule 5—Enforcing Attendance of
Witnesses
(1) Where a reference is made to
arbitration by an order of the
Court, the process to the
parties and witnesses whom the
arbitrator or umpire may wish to
have examined shall issue as in
an ordinary action.
(2) Persons not attending in
compliance with the process or
making any other default or
refusing to give their testimony
or being guilty of any contempt
of the arbitrator or umpire
during the investigation shall
be subject to the same
disadvantages, penalties and
punishments by order of the
Court, on the representation of
the arbitrator umpire, as they
would incur for the same
offences in proceedings tried
before the Court.
Rule 6—Extension of time for making
Award
(1) If the arbitrator is not able to
complete the award within the
period specified in the order,
the Court may if it considers
appropriate extend the period
for delivery of the award.
(2) Where an umpire has been
appointed, the umpire may enter
on the reference in lieu of the
arbitrators, if they have
allowed their time (or their
extended time) to expire without
making an award or if they have
delivered to the Court or to the
umpire a written notice stating
that they cannot agree.
(3) An award shall not be set aside
only because it has not been
completed within the period
allowed by the Court, unless
(a) it is proved that the delay in
completing the award arose from
misconduct of the arbitrator or
umpire; or
(b) the award was made after the issue
of an order by the Court
superseding the arbitration and
recalling the action.
Rule 7—Power of Court in Case of
Incapacity
(1) If in a case of reference to
arbitration by an order of the
Court, an arbitrator or umpire
dies or fails or refuses to act
or becomes incapable of acting,
the Court may appoint a new
arbitrator or umpire in
replacement.
(2) Where arbitrators are empowered by
the terms of the order of
reference to appoint an umpire,
and do not do so, any of the
parties may serve the
arbitrators with a written
notice to appoint an umpire; and
if no umpire is appointed within
seven days after the notice is
served, the Court upon the
application of the party who
serves the notice, and upon
proof to its satisfaction that
the notice has been served, may
appoint an umpire
(3) An arbitrator or umpire appointed
under this rule, has the same
power to act in the reference as
if the arbitrator's or umpire's
name had been stated in the
original order or reference.
Rule 8—Finding to be Conclusive
The award shall contain a conclusive
finding on each of the matters
referred, and may not find on
the contingency of any matter of
fact being afterwards
substantiated or deposed to.
Rule 9—Special Case
Upon any reference by an order of the
Court the arbitrator or umpire
may, if the parties have not
made any agreement to the
contrary, state the award as to
the whole or any part of the
matters referred in the form of
a special case for the opinion
of the Court.
Rule 10—Power to modify or Correct
Award
The Court may, on the application of
any party, modify or correct an
award
(a) where it appears that a part of
the award is on matters not
referred to the arbitrator, if
that part can be separated from
the other part, and does not
affect the decision on the
matter referred; or
(b) where the award is imperfect in
form, or contains any obvious
error which can be amended
without affecting the decision
on the matters referred.
Rule 11—Power to Remit Award for
Reconsideration
The Court may remit the award or any
of the matters referred to
arbitration for reconsideration
by the arbitrator or umpire upon
such terms as it may think
proper in any of the following
cases
(a) if the award has left undetermined
some of the matters referred to
arbitration or if it has
determined matters not referred
to arbitration;
(b) if the award is so indefinite as
to be incapable of execution; or
(c) if an error with regard to the
legality of the award is
apparent on the face of the
award.
Rule 12—Setting aside Award
(1) No award shall be set aside except
on the ground of perverseness or
misconduct of the arbitrator or
umpire.
(2) An application to set aside or
remit an award may be made at
any time within six weeks after
the award has been made and
published to the parties; but
the Court may by order extend
the time either, before or after
it has elapsed.
Rule 13—Effect of Filing Award
If no application is made within the
period referred to in rule 12 to
set aside the award or to remit
the award or any of the matters
referred for reconsideration or
if the Court has dismissed any
application, either party may
file the award in Court, and the
award shall be incorporated in
an order of the Court and shall
have the same force and effect
for all purposes as a judgment
of the Court.
Rule 14—Arbitration Act, 1961
The provisions of this Order do not
derogate from the provisions of
the Arbitration Act, 1961 (Act
38) or any other enactment that
governs arbitration.
ORDER 65—MATRIMONIAL CAUSES OR MATTERS
Preliminary Matters
Rule 1—Application of Order
This Order applies to proceedings
under the Matrimonial Causes
Act, 1971 (Act 367) referred to
in this Order as "the Act"
Rule 2—Proceedings to be Commenced by
Petition
All proceedings for divorce, nullity,
presumption of death and
dissolution of Marriage,
maintenance orders and child
custody orders under the Act,
shall commence by petition.
Rule 3—Leave to Commence Proceedings
within two Years
(1) An application under section 9(2)
of the Act for leave to commence
proceedings for divorce within
two years from the date of the
marriage shall be made by motion
on notice.
(2) The applicant shall file in
support of the motion an
affidavit stating
(a) where the ground for the
application is substantial
hardship suffered by the
plaintiff or depravity on the
part of the defendant,
particulars of the hardship or
depravity alleged;
(b) where any children of the
household are alive, their names
and ages and where and with whom
they are living; and
(c) whether any attempts at
reconciliation have been made
and if so what attempts.
(3) A copy of the petition by which it
is proposed to commence the
proceedings for divorce shall be
exhibited to the affidavit.
Rule 4—Procedure before Hearing
(1) The motion by which the
application for leave is made
under rule 3 shall, unless the
Court otherwise directs, be
personally served on the
defendant at least five clear
days before the return date.
(2) A person on whom the motion under
rule 3 is served may file an
affidavit stating the grounds,
if any, on which the person
opposes the application.
Rule 5—Hearing of Application
At the hearing of the motion the Court
shall, in the presence of the
parties that attend or their
lawyers, proceed to determine
the application in accordance
with section 9 (2) and (3) of
the Act.
Progress of Proceedings
Rule 6—Contents of Petition
(1) The petition referred to in rule 2
shall state
(a) the names of the parties to the
marriage, the place and date of
the marriage and the status of
the parties before the marriage;
(b) the principal address at which the
parties to the marriage have
(i) cohabited in the country; or
(ii) cohabited in any place other this
country;
and if that is not the case that there
has been no cohabitation;
(c) the occupation and place of
residence of each party to the
marriage at the date of issue of
the petition;
(d) whether any children of the
household are living, and if so,
their names and ages;
(e) whether there have been any
previous Court proceedings with
reference to the marriage or the
children of the household by or
on behalf of either party to the
marriage, and if so, the date
and effect of any judgment or
order made in the proceedings,
and, in the case of proceedings
with reference to the marriage,
whether there has been any
resumption of cohabitation since
the judgment or order;
(f) facts sufficient to show that the
court has jurisdiction in the
proceedings by virtue of section
31 of the Act;
(g) the grounds on which relief is
sought;
(h) in the case of proceedings for
divorce, the facts on which the
petitioner intends to rely for
the purpose of showing that the
marriage has broken down beyond
reconciliation, set out in
separate paragraphs;
(i) in the case of proceedings for
divorce or nullity, full
particulars of the arrangements
proposed by the petitioner for
the care and upbringing of every
child of the household under the
age of eighteen years or, the
reasons why it is impracticable
to make such arrangements;
(j) in the case of proceedings for
nullity on any of the grounds
referred to in section 13(2)
(b), (c) or (d) of the Act,
whether the petitioner was at
the time of the marriage aware
of the facts alleged and whether
sexual intercourse with the
consent of the petitioner has
taken place since the petitioner
discovered the existence of
grounds for instituting
proceedings;
(k) in the case of proceedings for
presumption of death and
dissolution of marriage; the
last place of cohabitation of
the parties, the circumstances
in which they ceased to cohabit,
the date when and the place
where the respondent was last
seen or heard of, and the steps
which have been taken to trace
the respondent;
(l) where the petitioner claims relief
under section 16 or 17 of the
Act, or any ancillary relief
under Part III of the Act, a
concise statement in general
terms of the petitioner's
income, assets and liabilities
in so far as they are within the
petitioner's knowledge or
belief.
(2) The petition shall conclude by
setting out particulars of the
relief claimed, including any
claim for ancillary relief
required under Part III of the
Act.
(3) The petition shall be signed by
the petitioner if the petitioner
acts in person or by a lawyer.
Rule 7—Co-respondent and intervener
(1) Where an alleged adulterer is
named in the petition for
divorce, that person may be made
a co-respondent in the
proceedings, and where he or she
is not made a co-respondent that
person shall be entitled to
appear and intervene in the
proceedings.
(2) Unless the Court otherwise
directs, a party intervening
shall join in the proceedings at
the stage which the proceedings
have reached at the time he or
she appears and the title of the
proceedings shall thereupon be
amended to include his or her
name.
Rule 8—Service of Petition
Subject to these Rules, a copy of the
petition shall be served
personally on the respondent and
every co-respondent named in it.
Rule 9—Proof of Service
Unless the Court otherwise directs, a
matrimonial action shall not
proceed to trial unless every
person required by rule 8 to be
served with a copy of the
petition
(a) has filed appearance; or
(b) is shown by affidavit to have been
served with the petition
personally or in accordance with
an order for substituted
service.
Rule 10—Appearance
An appearance to a petition under this
Order may be either general or
limited to any claim for
ancillary relief or for costs
made in the proceedings.
Rule 11—Amended Petition
(1) The petition may be amended
without leave before it is
served but only with leave after
it has been served.
(2) The petitioner in a matrimonial
action may by leave of the Court
amend the petition in order to
add co-respondent not named in
the original petition.
(3) An application for leave under
this rule shall unless the Court
otherwise directs be supported
by an affidavit stating and
verifying any new facts alleged
and shall, unless the Court
otherwise directs be served on
every other party who has filed
appearance, or may be made
ex-parte if no appearance has
been filed.
(4) An order of the Court granting
leave to amend under subrule (2)
shall
(a) in cases where appearance has been
filed, fix the time within which
the petitioner or co-respondent
may file an answer to the
amended petition;
(b) if made after a date has been
fixed for trial, fix the time
within which the defendant or
co-defendant may file an answer
to the petition;
(c) if made after a date has been
fixed for trial, fix a new date
for trial and the time within
which an answer to the amended
petition shall be filed.
(5) Rule 9 shall apply to an amended
petition as it applies to an
original petition.
Rule 12—Answer
(1) A respondent, co-respondent or
intervener who has filed
appearance to a petition may,
within fourteen days after the
expiration of the time limited
for appearance, file an answer.
(2) A co-respondent or intervener who
intends only to deny an
allegation of adultery made in
the petition shall be entitled
to limit his or her answer to a
denial of the allegation of
adultery only.
(3) If a general appearance has been
filed and no answer has been
filed within the time allowed,
the petitioner shall before
proceeding with the action file
an affidavit stating that a
search as been made and that no
answer has been filed by or on
behalf of the party who has
filed appearance.
Rule 13—Reply
(1) A petitioner on whom an answer is
served may within fourteen days
from the date of service file a
reply to the answer.
(2) No subsequent pleading shall be
filed except by leave.
Rule 14—Close of Pleadings
Eight days after service of a reply
pleadings shall be closed.
Rule 15—Service of Pleadings
A copy of every statement of answer,
reply or subsequent pleading
shall as soon as possible after
it has been filed, be served on
the other parties or their
lawyers.
Rule 16—Pleadings out of time
No pleading shall be filed out of time
without leave of the Court.
Rule 17—Particulars
(1) Any party may by letter require
any other party to give
particulars of any allegation or
other matter pleaded and, if the
other party fails to give the
particulars within a reasonable
time, the party requiring them
may apply for an order that the
particulars be given.
(2) All particulars, whether given in
pursuance of an order or
otherwise, shall be filed within
three days of being furnished to
the party requiring them.
Rule 18—Discovery
The provisions of these Rules that
relate to the furnishing of
further and better particulars,
discovery, inspection and
production of documents,
interrogatories and notice to
admit facts and documents shall
apply to proceedings under this
Order.
Rule 19—Medical Examination
(1) In proceedings for nullity on the
ground of impotence or
incapacity, the petitioner
shall, after an answer has been
filed, or, if no answer or
appearance is filed to the
proceedings, after the
expiration of the time allowed
for filing an answer or
appearance, apply to the Court
for the determination of the
question whether a medical
practitioner should be appointed
to examine the parties.
(2) Upon such application, the Court
may, if it thinks fit, appoint a
medical practitioner to examine
the parties and to report to the
Court the result of the
examination, and shall order the
parties to attend the medical
practitioner for the purpose of
the examination.
(3) Notice of the time and place
appointed for the medical
examination shall be served on
the respondent, and the service
shall be personal service even
where the respondent has not
filed appearance.
(4) In proceedings for nullity on the
ground that the marriage has not
been consummated owing to the
wilful refusal of the
respondent, either party may
apply to the Court for the
appointment of a medical
practitioner to examine the
parties and to report to the
Court the result of the
examination, and on such
application, the Court shall
appoint one or if necessary two
medical practitioners, and
either of the parties shall be
at liberty to submit himself or
herself for examination.
(5) Every examination under this rule
shall be held at such place as
the Court may direct.
(6) Where a party presents himself or
herself for examination under
this rule, the party shall sign
a statement verifying the
examination, and the statement
shall be signed by the medical
practitioner and annexed to the
report of the medical
practitioner to the Court.
(7) Every report made in pursuance of
this rule shall be filed, and
either party may be supplied
with a copy on payment of the
prescribed fee.
(8) If a party fails or refuses to
present himself or herself for
examination under subrule (2),
the fact shall be brought to the
notice of the Court and the
Court may make such order or
give such directions as it
considers fit.
Rule 20—Evidence
(1) Subject to section 39 of the Act
and this rule, the witnesses at
the trial of any proceedings
under this Order shall be
examined orally and in open
Court, provided that the Court
may order that
(a) subject to subrule (2) of this
rule, any particular facts to be
specified in the order may be
proved by affidavit;
(b) the affidavit of any witness may
be read at the trial on such
conditions as the Court
considers reasonable;
(c) evidence of any particular facts
to be specified in the order
shall be given at the trial by a
statement on oath of information
or belief, or by production of
documents or entries in books or
otherwise as the Court may
direct;
(d) not more than a specified number
of expert witnesses may be
called.
(2) Where it appears to the Court that
any party reasonably desires the
attendance of witness for
cross-examination and that the
witness can be produced, an
order shall not be made
authorising the evidence of that
witness to be given by
affidavit, but the expenses of
that witness at the trial shall
be specially reserved.
(3) Nothing in any order made under
this rule shall affect the power
of the Court at the trial to
refuse to admit evidence
tendered in accordance with the
order if in the interest of
justice it should think fit to
do so.
Rule 21—Setting down Proceedings for
Trial
(1) Not later than fourteen days after
pleadings are closed the
petitioner or the lawyer of the
petitioner shall notify the
Registrar that the action is fit
to be set down for trial and
shall pay to the Registrar the
prescribed fee for service of a
notice of trial.
(2) The notice required to be given
under subrule (1) shall be
served on the respondent and
other parties who have filed
appearance.
(3) The Registrar shall not later than
fourteen days after, set the
action down for trial and serve
a notice of trial on the
parties.
(4) If the petitioner fails to give
notice as required by subrule
(1), any other party to the
proceedings may issue the notice
in accordance with subrule (1)
or may apply to the Court to
dismiss the petitioner's action;
but on the hearing of such an
application the Court may
instead of dismissing the
action, fix a date for the trial
of the action upon such terms as
to costs, as it considers fit.
Rule 22—Copies of Judgment
A sealed or other copy of any judgment
of the Court may be issued to
any person who requires it on
payment of the prescribed fee.
Ancillary Relief
Rule 23—Application for Ancillary
Relief
(1) A petitioner who has not included
in the petition, a claim for
ancillary relief may apply for
the relief at any time after
submission of the petition, and
a respondent may apply for this
relief at any time after filing
appearance.
(2) The guardian of any child of the
household, or any person who has
obtained leave to intervene in
the proceedings for the purpose
of applying for the custody of
the child, or who has under an
order of the Court the custody,
or the care and control, of the
child, may apply for an order
under section 22 of the Act
concerning the child at any time
after filing appearance to the
petition.
(3) Subject to subrules (1) and (2),
an application for an order
under section 22 of the Act may
be made to the Court at any time
either before or after judgment.
(4) No application for financial
provision, property settlement
or conveyance of title to
property shall be made later
than one month after judgment
except by leave of the Court.
Rule 24—Notice of Application
(1) The notice of an application for
ancillary relief shall, if the
respondent to the application
has not already filed appearance
to the petition, contain a
notice requiring the respondent
to appear.
(2) Every notice of an application for
ancillary relief shall contain a
notice to file an affidavit
setting out full particulars of
the respondent's income, assets
and liabilities.
(3) Unless the Court otherwise
directs, a copy of every notice
of an application for ancillary
relief shall be served on the
respondent and where the
respondent has not filed
appearance, or has filed limited
appearance under rule 10, the
copy shall subject to these
Rules, be personally served on
the respondent.
(4) The respondent may, after filing
appearance, be heard in respect
of the application.
Rule 25—Evidence of Income
(1) Where a respondent's spouse is
served with notice of an
application for ancillary
relief, that spouse shall within
fourteen days after the service
of the notice file an affidavit
setting out full particulars of
his or her income, assets and
liabilities.
(2) If in an affidavit filed in
pursuance of this rule the
respondent spouse alleges that
the petitioner has income or
assets, the petitioner may,
within fourteen days after
receiving that affidavit, file
an affidavit in reply to that
allegation; but no further
evidence shall be filed by any
party without leave of the
Court.
Rule 26—Hearing of Application
(1) On the expiration of the time
limited for filing affidavits
under rule 25(1), the applicant
may obtain an appointment for
the attendance of the parties
before the Court for the hearing
of the application, and a day
and time for their attendance
shall be fixed by a notice
signed by the Registrar.
(2) Where a respondent served with
notice of the application fails
to file an affidavit within the
time limit, the applicant may
apply to the Court for an
appointment for the hearing of
the application, and if the
Court is satisfied that no
affidavit has been filed, it
shall appoint a day and time for
the hearing of the application
on such conditions as it thinks
fit.
(3) At the hearing of the application
the Court shall, in the presence
of such of the parties that
attend or their lawyers, proceed
to investigate the allegations
made in support of and in answer
to the application, and for that
purpose the Court may
(a) order the parties to be examined
or cross-examined;
(b) take the oral evidence of
witnesses;
(c) order the discovery or production
of any document;
(d) call for further affidavits.
(4) After conducting its
investigations the Court may
make such order upon the
application as it considers fit.
Rule 27—Modification Order
(1) A petitioner or a respondent, may
at any time apply to the Court
for an order under section 27 of
the Act rescinding or varying a
previous order in respect of
maintenance pending suit and
financial provisions, or the
care, custody and support of any
child.
(2) The application shall set out the
grounds on which it is made and,
where appropriate, shall state
the nature of the variation
proposed.
(3) The application shall, unless the
Court otherwise directs, be
supported by an affidavit of the
applicant setting out full
particulars of the marriage, any
children of the household, any
existing financial arrangements,
and the income, assets and
liabilities of the applicant and
the respondent.
(4) The application shall be served on
the other party to the action
and such other person as the
Court may direct, and any party
served may within fourteen days
after the service, file an
affidavit in answer but no
further evidence shall be filed
by any party without leave of
the Court.
(5) On an application for rescission
or variation under this rule,
the Court may direct that any
children of the household be
separately represented by a
lawyer and may assign a guardian
ad litem by whom any infant
child may appear on the
application.
(6) An affidavit of fitness of any
proposed guardian shall be filed
as supplementary.
Rule 28—Service of other Document
(1) Service of any document on a party
who has not filed appearance
shall be personal service,
unless the Court makes an order
for substituted service under
Order 7 rule 6 (1).
(2) Order 7 rule 12 (2) and (3) shall
apply to service of a petition
under this Order.
(3) A copy of every affidavit in
support of or in answer to any
application under this Order, or
in pursuance of an order for
particulars, interrogatories or
discovery, shall be served on
the other party, if the party
has filed appearance, at the
party's address for service as
soon as possible after the
affidavit has been filed and, if
the party has not filed
appearance and the time for
appearance has not expired, a
copy of the affidavit shall be
personally served on the other
party with the writ and
statement of claim or the notice
in support of which the
affidavit is filed.
Rule 29—Motions
(1) Notice of any motion to be made to
the Court, other than an
ex-parte motion, shall be served
on every party who may be
affected by the proposed order;
and unless the Court otherwise
directs, there shall be at least
five clear days between the
service of the notice of motion
and the day named in the notice
for hearing the motion.
(2) A copy of the notice served shall
be filed in the registry, and
the affidavits to be used in
support of the motion and
original documents referred to
therein or intended to be used
at the hearing of the motion,
shall at the same time be lodged
in the registry.
(3) Copies of all the affidavits or
documents shall be delivered on
request to any party entitled to
be heard on the motion.
Rule 30—Other Proceedings Relating to
Child of Household
On any application under this Order
relating to a child of the
household, if there are any
proceedings relating to the
child pending in any Court, a
statement as to the nature of
the proceedings shall be filed.
ORDER 66—PROBATE AND ADMINISTRATION
Preliminary Matters
Rule 1—Application for Probate or
Letters of Administration
(1) An application for probate or
letters of administration in
respect of the estate of a
deceased person may be made only
to the court with jurisdiction
where the deceased had at the
time of death a fixed place of
abode.
(2) Notwithstanding subrule (1) where
any person dies within or
outside the country without a
fixed place of abode in the
country, the court in the area
where any property of the
deceased may be found, shall,
subject to the Courts Act, 1993
(Act 459) or any other enactment
for the time being in force,
have jurisdiction for the
purposes of granting probate or
letters of administration in
respect of the estate.
(3) Where the deceased has property
within the jurisdiction of more
than one court, the application
shall be made to only one of the
courts in respect of all the
properties.
(4) Notice of an application made
under subrule (3) shall be given
to the registrar of every Court
with jurisdiction in the areas
where the property may be found
and any caveat filed in the
courts shall be brought to the
notice of the court before which
the application is pending,
which may stay the hearing of
the application until it is
satisfied that no caveat has
been filed in another court.
(5) In this Order "property" means
movable and immovable property.
Rule 2—Preservation of Property
(1) The Court to which an application
is made under rule 1 of this
Order may, for the preservation
of the property of the deceased
within its jurisdiction or for
the discovery or preservation of
the will of the deceased, take
such interim measures as it
considers necessary.
(2) The Court within whose
jurisdiction the property is
situated shall, where the
circumstances so require, on the
death of the person or as soon
as may be practicable after
that, appoint an officer of the
Court or such other person as it
considers fit, to take
possession of the property
within its jurisdiction or put
it under seal until it is dealt
with in accordance with law.
Rule 3—Intermeddling with Property
Where any person, other than the
person named as executor in a
will or appointed by Court to
administer the estate of a
deceased person, takes
possession of and administers or
otherwise deals with the
property of a deceased person,
the person shall be subject to
the same obligations and
liabilities as an executor or
administrator and shall in
addition be guilty of the
offence of intermeddling and
liable on summary conviction to
a fine not exceeding 500 penalty
units or twice the value of the
estate intermeddled with or to
imprisonment for a term not
exceeding 2 years or to both.
Rule 4—Neglect to Apply for Probate
Where a person named executor in the
will of a deceased person takes
possession of and administers or
otherwise deals with any part of
the property of the deceased,
and does not apply for probate
within three months after the
death, or after the termination
of any proceedings in respect of
probate or administration, the
person may in addition to any
other liability which the person
may incur, be guilty of contempt
of Court, and shall also be
guilty of the offence of
intermeddling and liable on
summary conviction to a fine not
exceeding 500 penalty units or
to imprisonment for a term not
exceeding 2 years or to both.
Rule 5—Production of Testamentary
Papers
Where it appears to the Court that any
paper of the deceased being or
purporting to be testamentary,
is in the possession or under
the control of any person, the
Court may, whether any
proceedings relating to probate
or administration are pending,
order the person to produce the
paper in court.
Rule 6—Examination in Respect of
Testamentary Papers
(1) Where it appears to the Court that
there are reasonable grounds to
believe that any person has
knowledge of any paper
purporting to be testamentary
(although it is not shown that
the paper is in the person's
possession or under the person's
control), the Court may, whether
or not any proceedings that
relate to probate or
administration are pending,
order the person to be examined
on the matter in court or on
interrogatories and for the
paper to be produced before the
Court after the examination.
(2) The order to produce papers for
examination shall be as in Form
20 in the Schedule.
Rule 7—Notice to Executors to come in
and prove will
(1) The Court may of its own motion or
on the application of any person
who claims an interest under a
will give notice to the
executors, if any, named in the
will to come in and prove the
will or renounce probate.
(2) The executors or any one or more
of them shall within fourteen
days after receipt of the notice
come in and prove the will or
renounce probate.
(3) Where an executor who has received
a notice under this rule does
not come in and prove the will
or renounce as required by
subrule (2), the right of the
executor to executorship shall
be extinguished and an
application for letters of
administration with will annexed
may be made by any person
entitled to that.
(4) Form number 21 in the Schedule
shall be used for the purpose of
rule 7(2).
Application for Grant of Probate or
Letters of Administration
Rule 8—Affidavits in support of
Application
(1) Every application for grant of
probate or letters of
administration shall be
supported by an affidavit sworn
by the applicant and with such
other documents as the Court may
require.
(2) In the application the relevant
forms in the Schedule to these
Rules shall be used with such
modifications as may be
necessary.
Rule 9—Declaration of Property of the
Deceased
(1) On an application for the grant of
probate or letters of
administration, the Court may
require evidence of the identity
of the applicant in addition to
that provided by the applicant,
where such additional evidence
seems necessary or desirable.
(2) The Court shall ascertain the time
and place of the death of the
deceased and require proof of
death by production of a death
or burial certificate or such
other evidence to the
satisfaction of the Court.
(3) The applicant shall make a
declaration of the value of the
property of the deceased and the
Court shall as correctly as the
circumstances allow ascertain
the value.
(4) Form 22 in the Schedule shall be
used for the declaration under
this rule.
Rule 10—Notice of grant
(1) The Court shall not allow any
grant of letters of
administration to issue unless
after the grant, notice of it is
given for a period of not less
than twenty-one days, or such
other period as the Court may
order in the following manner
(a) in the Court where the
application for grant was made;
(b) in any public place within the
jurisdiction of the Court where
it is likely that the notice
will be seen by those who may
have an interest in the estate;
and
(c) at the last known place of abode
of the deceased in respect of
whose estate the grant has been
made.
(2) Where the grant is in respect of
the estate of a person who died
intestate, notice must be given
whenever practicable to all
persons entitled to a share of
the estate of the deceased under
the Intestate Succession Law,
1985 (P.N.D.C. Law 111); the
Court may, however, dispense
with such notice to
beneficiaries if it considers it
expedient to do so.
(3) The Court shall not allow any
grant of probate or letters of
administration to issue until
all inquiries which it sees fit
to make have been answered to
its satisfaction.
(4) The Court shall afford as great a
facility as possible for
obtaining probate or letters of
administration as is consistent
with due regard to the
prevention of error and fraud.
(5) Notice under this rule shall be as
in Form 23 specified in the
Schedule.
Rule 11—Caveat
(1) Any person who has or claims to
have an interest in the estate
of a deceased and who wishes to
ensure that no grant of probate
or letters of administration is
issued without notice to the
person, may file a caveat as in
Form 24 specified in the
Schedule.
(2) The caveat may be filed either
before or after an application
has been made for probate or
letters of administration, but
before grant.
(3) A caveat filed before an
application for probate or
letters of administration shall
be brought to the notice of the
Court by the Registrar as soon
as the application is filed.
(4) A caveat filed after an
application for probate or
letters of administration shall
be brought immediately to the
notice of the Court by the
Registrar.
(5) On being given notice of a caveat,
the Court shall direct the
Registrar to bring it to the
notice of the applicant or the
lawyer of the applicant as in
Form 25 in the Schedule and
shall decline to take any
further steps until the
applicant duly warns the
caveator.
(6) A caveat shall remain in force for
three months from the date on
which it is filed, but may be
renewed from time to time.
(7) The Registrar shall not allow any
grant of probate or letters of
administration to be sealed if
the Registrar has knowledge of
an effective caveat in respect
of it, except that no caveat
shall operate to prevent the
sealing of a grant on the day on
which the caveat is filed or on
which a copy of it is received.
(8) A person who files a caveat shall
be warned as in Form 26 in the
Schedule, issued by the
Registrar at the instance of the
applicant or by any person
interested, to file an
affidavit, stating the nature
and particulars of any interest
that person may have in the
estate of the deceased.
(9) If the warning is not duly obeyed,
the applicant shall move the
Court in respect of the
applicant's original motion for
the grant of probate or letters
of administration and where the
Court considers it fit it shall
direct that notice be served on
the caveator.
(10) If the warning is obeyed, a copy
of the affidavit filed shall be
served on the applicant by the
Registrar.
(11) The applicant shall then move the
Court to grant probate or
letters of administration on
notice to the caveator who shall
at the expense of the applicant,
be served with copies of any
affidavits on which the
applicant intends to rely.
(12) When the motion comes on for
hearing, if the parties agree
among themselves as to the
person to whom a grant of
probate or letters of
administration shall be made,
the Court may order that the
caveat be removed from the file
and a grant be made to that
person.
(13) Failing such agreement between
the parties the Court shall
determine who is entitled to a
grant of probate or letters of
administration summarily or may
order that the applicant issue a
writ against the caveator within
fourteen days from the date of
the order, to determine who is
entitled to grant of probate or
letters of administration, if in
the opinion of the Court it is
necessary to do so.
Rule 12—Order of Priority for grant
where Deceased Leaves a will
(1) Where a person dies leaving a
will, the person entitled to
grant of probate or letters of
administration with the will
annexed shall be determined in
accordance with the following
order of priority
(a) the executor;
(b) any specific legatee or devisee or
any creditor or the personal
representative of any such
person, provided that
administration shall be given to
a living person in preference to
the personal representative of
such a deceased person who
would, if living be entitled in
the same degree;
(c) any legatee or devisee whether
residuary or specific who claims
to be entitled on the happening
of any contingency;
(d) any residuary legatee or devisee
holding in trust for any other
person;
(e) the ultimate residuary legatee or
devisee where the residue is not
disposed of by the will; or
(f) any person who has no interest
under the will of the deceased
but who would have been entitled
to a grant if the deceased had
died intestate.
(2) The Court may make a grant to a
specific legatee or devisee if
satisfied that the interest of
the person entitled to the
residue is so small as to
justify the person being passed
over.
Rule 13—Order of Priority of grant
where a Person Dies Intestate
after Enactment of P.N.D.C.L.
111
Where a person dies intestate on or
after 14th June 1985, the
persons who have beneficial
interest in the estate of the
deceased shall be entitled to a
grant of letters of
administration in the following
order of priority
(a) any surviving spouse;
(b) any surviving children;
(c) any surviving parents;
(d) the customary successor of the
deceased.
Rule 14—Grant where two or more
Persons are Entitled in the same
Degree
(1) Unless otherwise provided by any
enactment, the number of persons
to whom a grant of letters of
administration may be made shall
not exceed four.
(2) Where two or more persons are
entitled to a grant in the same
degree, the Court may make a
grant to any one of them without
joining the others.
(3) Where there is a dispute between
persons entitled to a grant in
the same degree, the Court shall
summarily determine the dispute
and may make a grant to such of
them as it considers fit.
Rule 15—Notice to Accept or Refuse
grant of Probate or
Administration
(1) Where a person who has a prior
right to a grant of probate or
administration delays or refuses
to take it and does not agree to
renounce the person’s right, a
person who has an inferior right
may serve a notice as in Form 27
in the Schedule on the person
with prior right calling on the
person with prior right to take
a grant or renounce the right.
(2) If upon being served with a notice
under subrule (1), the person
with prior right does not apply
for a grant or renounce the
right within fourteen days, the
person serving the notice may
apply for a grant and the Court
shall make a grant to the
applicant if it is of opinion
that it is desirable to do so.
Probate or Administration with Will
Annexed
Rule 16—Custody of Wills
(1) Any person may in his or her
lifetime deposit for safe
custody in the Court that has
jurisdiction over the area in
which he or she has a fixed
place of abode his or her will
sealed up under his or her seal
and the seal of the Court.
(2) Every original will or probate or
letters of administration with a
will annexed, shall be filed and
kept in the registry of the
court which makes the grant in
such manner as to secure the
presentation and convenient
inspection of the will and a
copy of every such will or
probate or letters of
administration with will annexed
or both shall be preserved in a
book kept for that purpose in
the registry of the Court in the
Region in which the will,
probate or letters of
administration with will annexed
was granted.
(3) No original will shall be
delivered out for any purpose
without the direction in writing
of the Court where the will is
filed.
(4) A certified copy of the probate or
letters of administration with a
will annexed may be obtained
from the Court.
Rule 17—Examination of Will
(1) On receiving an application for
probate or for letters of
administration with a will
annexed the Court shall inspect
the will and see whether it
appears to have been signed by
the testator, or by some other
person in his or her presence
and by his direction, and to
have been subscribed by two
witnesses in accordance with the
Wills Act, 1971 (Act 360) and
shall not proceed further if the
will does not appear to be so
signed and subscribed.
(2) If the will appears to be so
signed and subscribed, the Court
shall then refer to the
attestation clause, if any, and
consider whether it shows the
will to have been in fact
executed in accordance with the
Wills Act, 1971 (Act 360).
Rule 18—Attestation clause and
Witnesses
(1) If there is no attestation clause,
or if the attestation clause is
insufficient, the Court shall
require an affidavit from at
least one subscribing witness,
if either of them is living, to
prove that the will was in fact
executed in accordance with the
Wills Act, 1971 (Act 360).
(2) The affidavit shall form a part of
the probate so that the probate
shall be a complete document on
the face of it.
(3) If on perusal of the affidavit it
appears that the will was not in
fact executed in accordance with
the Wills Act, 1971 (Act 360),
the Court shall refuse probate.
(4) Where both the subscribing
witnesses are dead, or if from
other circumstances an affidavit
cannot be obtained from either
of them, the Court may resort to
an affidavit as in Form 28 in
the Schedule from other persons,
if any, present at the execution
of the will; but if no such
affidavit can be obtained, proof
shall be required of that fact
and of the handwriting of the
deceased and of the subscribing
witnesses, and also of any
circumstances that raise a
presumption in favour of the due
execution of the will.
(5) An attestation clause and an
affidavit of handwriting shall
be as in Forms 29 and 30
respectively in the Schedule.
Rule 19—Blind or Illiterate Testator
Where the testator was blind or
illiterate, the Court shall not
grant probate of the will or
administration with will annexed
unless the Court is first
satisfied, by proof or by what
appears on the face of the will,
that the will was read over to
the deceased before its
execution or that the deceased
had at that time knowledge of
its contents.
Rule 20—Interlineations, Alterations,
Erasures, Obliterations
(1) The Court on being satisfied that
the will was duly executed,
shall carefully inspect it to
see whether there are any
interlineations, alterations,
erasures, or obliterations that
appear in it and require to be
accounted for.
(2) Interlineations, alterations,
erasures and obliterations are
invalid unless they have been
executed and attested in the
mode required by the Wills Act,
1971 (Act 360) or unless they
have been made valid by the
re-execution of the will, or by
the subsequent execution of a
codicil to the will.
Rule 21—Documents Referred to in a
Will
(1) Where a will contains a reference
to any document of such a nature
as to raise a question whether
it ought or ought not to form a
constituent part of the will,
the Court shall require the
production of the document with
a view to ascertaining whether
or not it forms a constituent
part of the will; and if it is
not produced, a satisfactory
account of its non-production
shall be proved.
(2) A document cannot form part of a
will unless it was in existence
at the time the will was
executed.
(3) If there are any vestiges of
sealing wax or wafers or other
marks on a will leading to the
inference that some other
document has been at some time
annexed or attached to it, a
satisfactory account of them
shall be proved, or the
production of the document shall
be required and if not produced
a satisfactory account of its
non-production shall be proved.
Rule 22—Marking Copy of a Will Sworn
to
Each will or copy of a will to which
an executor or an administrator
is sworn, shall be marked by the
executor or administrator and by
the person before whom the
executor or administrator is
sworn as in Forms 31 and 32
respectively in the Schedule.
Rule 23—Examination of Person making
Affidavit
In every case where evidence is
directed or allowed to be given
by affidavit, the Court may
require the personal attendance
of the deponent, if he or she is
within the jurisdiction, to be
orally examined before the Court
in respect of the matter of his
or her affidavit.
Rule 24—Double Probate
Where on the grant of probate, the
estate of a deceased is granted
to one of the executors named in
the will, the Court may make the
same grant to any other executor
named in the will, and the grant
shall be as in Form 33 in the
Schedule.
Rule 25—Proof of a Will Proof in
Common Form
Where a will appears regular on the
face of it and there is no
dispute as to its validity, the
application for probate may be
sufficiently supported by
affidavit deposing to the due
execution and attestation of the
will and by such other documents
or papers as the Court may
require.
Rule 26—Proof of will in Solemn Form
(1) Where for any reason the executors
of a will are in doubt as to its
validity or the validity of the
will is disputed, the executors
may if they consider it
necessary to do so, prove the
will in solemn form in an action
commenced by writ asking the
Court to pronounce the will as
valid.
(2) Any person who claims to have an
interest in the estate of a
deceased person may by notice in
writing request the executors
named in the will of the
deceased to prove the will in
solemn form.
(3) The notice required to be given
under subrule (2) shall state
(a) the name, address, and description
of the person filing it;
(b) the interest the person has in the
estate of the deceased; and
(c) the specific grounds upon which
the validity of the will is
disputed.
(4) The notice must be signed by the
person who desires proof in
solemn form or by the person's
lawyer and shall be filed in the
registry and served on all
executors named in the will and
the beneficiaries under the
will.
(5) Where a notice is served on an
executor under subrule (4) the
executor shall not later than 8
days after the service, file in
the registry an answer to the
notice stating the intention of
the executor either to prove the
will in solemn form or to
renounce probate and the
Registrar shall upon receiving
such answer serve the person who
files the notice with a copy of
the answer.
(6) If an executor who is served with
notice under this rule declares
the intention to renounce
probate or fails to file an
answer as required under subrule
(5)
(a) the right of the executor to
executorship shall wholly cease
and the representation of the
testator and the administration
of the estate may be effected as
if the executor had never been
appointed; and
(b) in the case where the executor
defaults in filing an answer and
shows good cause for failing to
file it, the Court may extend
the time within which the
executor must file an answer.
(7) An extension of time given under
subrule (6) (b) shall be upon
such terms if any, as the Court
may see fit to impose.
Rule 27—Issue of Writ to have will
Pronounced Valid
(1) An executor who files an answer
under subrule (5) of rule 26
stating the executor's intention
to prove the will, shall not
later than eight days after
filing an answer, issue a writ
claiming that the will must be
pronounced valid and admitted to
probate.
(2) If the executor fails to issue a
writ within the time specified
in subrule (1) the person who
issues the notice may apply to
the Court for an order that the
right of the executor to the
executorship shall cease, and
the Court may either make that
order or extend the time within
which the executor must issue a
writ and upon such terms, if
any, as it considers just.
(3) A writ issued under subrule (1)
shall join as defendant the
person who issues the notice
calling on the executor to prove
the will in solemn form; and the
Court may either of its own
motion or on application, join
as plaintiff or defendant any
person who claims or appears to
have an interest in the estate
of the deceased.
(4) Where the executor who files an
answer under rule 26(5),
renounces probate or having been
served with a notice fails to
file an answer or having filed
an answer fails to issue a writ
and the Court makes an order
under subrule (2), any person
named as a beneficiary in the
will may issue a writ to
establish the validity of the
will and to claim grant of
letters of administration with
will annexed.
(5) In an action brought under subrule
(4) the person who files and
serves a notice on the executor
shall be joined as a defendant
but the Court may either on
application or of its own
motion, order to be joined as
plaintiff or defendant any
person who claims, or appears,
to have an interest in the
estate.
Rule 28—Action to Declare will Invalid
(1) Any person who claims to leave an
interest in the estate of a
deceased testator may, instead
of issuing a notice to the
executor to prove the will under
rule 26 (2) of this Order, bring
an action against the executor
for a declaration that the will
is invalid.
(2) In an action brought by an
interested party under subrule
(1), the Court may join as
plaintiff or as defendant any
person who claims or appears to
have an interest in the estate
of the deceased.
Rule 29—Action to revoke grant of
Probate or Letters of
Administration
(1) Where grant of probate or letters
of administration has been
issued, any person who seeks to
have the grant revoked by the
Court may issue a writ to seek
the relief.
(2) In any action brought under rules
25 to 29 of this Order, rules 32
to 43 shall apply.
Administration not with Will Annexed
Rule 30—General Procedure for
Administration
(1) The Court in granting letters of
administration shall proceed as
far as the case may be as in the
case of probate.
(2) Where administration is applied
for by one or more persons with
priority or equal interest, the
Court shall require proof that
notice of the application has
been given to the other person
with prior or equal interest.
Rule 31—Bond Forms
(1) The person to whom administration
is granted shall give bond as in
Form 34 or 35 in the Schedule,
with two or more sureties as in
Form 36 to the Registrar for
duly collecting, getting in and
administering the property of
the deceased.
(2) The bond shall be an amount equal
to double the value of the
property of the deceased as
sworn to, unless the Court in
any case considers it just to
reduce the amount.
(3) The Court may in any case direct
that more than one bond be given
so as to limit the liability of
any surety to such amount as the
Court considers reasonable.
(4) If administration is granted to
the Administrator-General or if
the administrator-General is
appointed to act in any
capacity, the
Administrator-General shall not
be required to give such bond or
security as would be required if
the grant had been made to a
private person; the
Administrator-General shall,
however, be subject to the same
liabilities and duties as if the
Administrator-General had given
such bond or security.
(5) When it is subsequently discovered
that the deceased died possessed
of property which was not
included in the grant or in the
original affidavit, a corrective
affidavit as in Form 37 in the
Schedule giving full particulars
shall be given to the Registrar
of the Court.
(6) Where the bond already given is
not sufficient to cover the
whole estate including the
increased amount, a further bond
shall be given in a sum
sufficient to meet the
deficiency.
(7) The penalty in the bond shall be
double the value of additional
property and the word "intended"
coming before the word
"administrator" shall be
omitted.
(8) The Registrar may on being
satisfied that an undertaking in
the bond has been broken, assign
it as in Form 38 in the Schedule
to some person, and that person
may upon that sue on the bond in
that person’s own name as if it
had originally been given to
that person instead of the
Registrar and, may recover on
it, as trustee for all persons
interested, the full amount
recoverable in respect of any
breach of an undertaking in the
bond.
Contentious Probate Matters
Rule 32—Interpretation
For the purpose of contentious probate
matters as provided for under
this Order, "probate action"
means an action for the grant of
probate of the will or letters
of administration of the estate
of a deceased person or for the
revocation of such grant or for
a judgment or order pronouncing
for or against the validity of
an alleged will, being an action
which is contentious or not
common form probate business.
Rule 33—Commencement of Probate Action
(1) A probate action shall be
commenced by writ.
(2) The writ must be indorsed with a
statement of the nature of the
interest of the plaintiff and of
the defendant in the estate of
the deceased.
(3) Before a writ for the revocation
of the grant of probate of a
will or letters of
administration of the estate of
a deceased person is issued out,
notice shall be given under rule
37, unless the probate or
letters of administration has or
have been lodged in the registry
of the Court.
Rule 34—Intervention
(1) A person not already a party to a
probate action may apply to the
Court for leave to intervene in
the action.
(2) The application must be supported
by an affidavit which shows the
interest of the applicant in the
estate of the deceased and shall
be served on all the existing
parties.
(3) Where the Court grants leave under
this rule, it may give such
directions as to the service of
pleadings, filing of affidavit
or of testamentary scripts and
other matters as it considers
necessary.
Rule 35—Application for Notice to an
Interested Person
(1) On the application of the
plaintiff or of any other party
who has pleaded in a probate
action, a notice as in Form 39
in the Schedule may be issued
against any person not already a
party to the action who has an
interest adverse to the
applicant notifying that person
that if that person does not
enter an appearance in the
action, judgment may be given
without further notice to that
person.
(2) A notice under this rule shall be
issued out of the registry and
shall be accompanied by an
affidavit sworn by the applicant
specifying the alleged adverse
interest of the person on whom
it is served.
(3) Issue of a notice takes place upon
its being sealed by the
Registrar.
(4) A notice issued under this rule
shall be served personally
unless in a particular case the
Court considers it necessary to
order some other mode of
service.
Rule 36—Entry of Appearance
(1) A person authorised to intervene
under rule 34 or on whom a
notice has been served under
rule 35 shall enter appearance
within the time specified in the
order authorising him to
intervene or if the appearance
is not limited then within eight
days from the date of the making
of the order or service of the
notice.
(2) Where a person on whom notice is
served under rule 35 fails to
enter an appearance in the
action, the party on whose
application the notice is issued
shall file an affidavit proving
due service of the notice before
the application shall be heard
at the trial.
Rule 37—Notice to bring in Grant
(1) Where an action is brought for the
revocation of a grant of probate
or letters of administration of
the estate of a deceased person,
the plaintiff shall serve a
notice on the person to whom the
probate or letters of
administration is granted
requiring the person to bring
and leave at the registry of the
Court the probate or letters of
administration.
(2) A person on whom a notice is
served under subrule (1) shall
comply with the notice not later
than four days from the date of
service of the notice.
(3) Where a person served with a
notice under subrule (1) does
not comply with it within the
time specified, the plaintiff
may apply to the Court for an
order directing that the probate
or letters of administration
shall be brought and left at the
registry of the Court within
such time as the Court may
specify.
Rule 38—Affidavit of Testamentary
Script
(1) In this rule "testamentary script"
means a will or a draft of it,
written instructions for a will
made by or at the request or
under instructions of the
testator and any document
purporting to be evidence of the
contents or to be a copy of a
will which is alleged to have
been lost or destroyed.
(2) Unless the Court otherwise
directs, the plaintiff and every
defendant who has entered an
appearance in a probate action
shall swear an affidavit as in
Form 40 in the Schedule
describing any testamentary
script of the deceased person
whose estate is the subject of
the action
(a) of which the deponent has any
knowledge or stating that the
deponent knows of no such
script; and
(b) if any such script is not in the
possession of the deponent or
the deponent does not know under
whose control it is, stating
that the deponent does not know
the name or address of that
person.
(3) Any such script in the possession
or under the control of the
deponent shall be annexed to the
affidavit.
(4) An affidavit required by this
rule, together with any
testamentary script annexed to
it, shall be filed within
fourteen days after entry of
appearance by a defendant to the
action or if no defendant enters
appearance and the Court does
not otherwise direct, before the
action is set down for trial.
(5) Except with leave of the Court, a
party to a probate action shall
not be allowed to inspect an
affidavit filed under this rule
by any other party to the action
or any testamentary script
annexed to it, unless an
affidavit sworn by the party
containing the information
referred to in subrule (2) has
been filed.
Rule 39—Default of Appearance
(1) A judgment in default of
appearance shall not be entered
in a probate action.
(2) Where the defendant or any of
several defendants fails to
enter an appearance, the
plaintiff upon filing an
affidavit proving due service of
the writ or notice of the writ,
may after the time limited for
appearance set down the action
for trial.
(3) Where the plaintiff sets down the
action for trial under subrule
(2), the plaintiff shall take an
affidavit of testamentary
scripts as required by rule 38
(2).
Rule 40—Pleadings
(1) Every writ in a probate action
shall be accompanied with a
statement of claim which shall
be served on the defendant in
the action and any person who
intervenes.
(2) Every defendant who is served with
a writ and a statement of claim
and who enters an appearance
shall file a statement of
defence not later than fourteen
days after appearance.
(3) Where the plaintiff in a probate
action disputes the interest of
a defendant, the plaintiff shall
state in the plaintiff's
statement of claim that the
plaintiff denies the interest of
the defendant.
(4) In a probate action in which the
interest by virtue of which a
party claims to be entitled to a
grant of letters of
administration is disputed, the
party disputing that interest
shall show in that person's
pleading that if the allegations
made in it are proved, the
disputing party would be
entitled to an interest in the
estate.
(5) Any party who pleads that at the
time when a will, the subject of
the action is alleged to have
been executed, the testator did
not know and approve of its
contents shall specify the
nature of the case on which the
party intends to rely.
(6) Any party referred to in subrule
(5) shall specifically plead the
following matters if the party
intends to rely on any of them
(a) that the will was not duly
executed;
(b) that at the time of the execution
of the will, the testator was
not of sound mind, memory and
understanding;
(c) that the will was a forgery; or
(d) that the execution of it was
obtained by undue influence or
fraud.
Rule 41—Counterclaim
A defendant to a probate action who
alleges that the defendant has
any claim or is entitled to any
relief or remedy, in respect of
any matter relating to the grant
of probate or letters of
administration of the estate of
the deceased person which is the
subject of the action, shall add
to the defence a counterclaim in
respect of the claim, relief or
remedy.
Rule 42—Default of Pleading
(1) A judgment shall not be given in
default of pleadings in a
probate action.
(2) Where any party to a probate
action fails to file a pleading
which the party is required by
this Order to file, then unless
the Court strikes out the
action, the other party may,
after the expiration of the
period fixed under this Order
for the filing of that pleading,
apply to the Court for leave to
set down the action for trial.
Rule 43—Discontinuance
(1) A probate action shall not be
discontinued except by leave of
the Court.
(2) At any stage of the proceedings in
a probate action the Court may,
on the application of the
plaintiff or of any party to the
action who has entered an
appearance, order the action to
be discontinued on such terms as
to costs or otherwise as it
thinks just, and may further
order that a grant of probate or
letters of administration in
respect of the estate which is
the subject matter of the action
be made to the person entitled
to it.
Administration and Similar Actions
Rule 44—Interpretation
For the purpose of rules 45 to 47 of
this Order "administration
action" means an action for the
administration under the
direction of the Court of the
estate of a deceased person or
for the execution under the
direction of the Court of a
trust created by a will.
Rule 45—Determination of Question or
Relief without Administration
(1) An action may be brought for the
determination of any question or
for any relief which could be
determined or granted in an
administration action, and the
question need not involve a
claim for the administration or
execution under the direction of
the Court of the estate or a
trust in connection with which
the question arises or the
relief is sought.
(2) Without prejudice to the
generality of subrule (1), an
action may be brought for the
determination of any of the
following—
(a) any question that arises in the
administration of the estate of
a deceased person or in the
execution of a trust;
(b) any question as to the composition
of any class of persons who have
a claim against the estate of a
deceased person or a beneficial
interest in the estate of such a
person or in any property
subject to a trust;
(c) any question as to the right or
interest of a person who claims
to be a creditor of the estate
of a deceased person or to be
entitled under a will or on an
intestacy of a deceased person
or to be beneficially entitled
under a trust.
(3) Without prejudice to the
generality of subrule (1), an
action may be brought for any of
the following reliefs—
(a) an order requiring an executor or
administrator to furnish and if
necessary, verify accounts;
(b) an order requiring the payment
into court of money held by a
person in trust in the person's
capacity as executor,
administrator or trustee;
(c) an order detecting a person to do
or abstain from doing a
particular act in the person's
capacity as executor,
administrator or trustee;
(d) an order approving any sale,
purchase, compromise or other
transaction by a person in the
person's capacity as executor,
administrator or trustee;
(e) an order directing any act to be
done in the administration of
the estate of a deceased person
or in the execution of a trust
which the Court could order to
be done if the estate or trust
were being administered or
executed under the direction of
the Court.
Rule 46—Directions by the Court in
Administration Action
(1) Where in an administration action
the Court makes an order for the
full administration of the
estate of a deceased person or
for the execution of a trust,
the Court shall give directions
as to the manner in which the
estate shall be administered or
the trust executed.
(2) The order may expressly stipulate
that no account or inquiry not
immediately and manifestly
required shall be taken or made
without leave.
(3) The Court may stay proceedings
under this rule if in its
opinion it is not necessary for
proceedings to take its full
course and may make such
consequential orders as it
thinks fit.
Rule 47—Parties
(1) All the executors or
administrators of the estate or
trustees of a trust, to which an
action referred to in rule 44
relates, shall be parties to the
action, and where the action is
brought by executors,
administrators or trustees; any
of them who does not consent to
being joined as a plaintiff
shall be made a defendant.
(2) Persons who have a beneficial
interest in or claim against the
estate or have a beneficial
interest under a trust to which
an action mentioned in rule 44
relates, need not be parties to
the action, but the plaintiff
may make such of those persons
as the plaintiff thinks fit
parties, having regard to the
nature of the relief claimed in
the action.
(3) Where in proceedings under a
judgment or order given or made
in an action for administration
under the direction of the Court
of the estate of a deceased
person, a claim in respect of a
debt or other liability is made
against the estate by a person
not a party to the action, no
party, other than the executors
or the administrators of the
estate, shall be entitled to
appear in any proceedings
relating to the claim without
leave of the Court, and the
Court may direct or allow any
other party to appear either in
addition to or in substitution
for the executors or
administrators on such terms as
to costs or otherwise as it
considers fit.
Limited and Special Grants
Rule 48—Lost, Damaged or Unobtainable
Wills
(1) Where an original will or codicil
is lost, destroyed or damaged,
an application may be made to
the Court for an order admitting
the will to proof as contained
in a copy, draft or by parol
evidence.
(2) In making an order under subrule
(1), the Court may grant probate
until the original will or
codicil or a more authentic copy
is found and proved.
(3) Where a will is unobtainable
within the jurisdiction because
it is in the custody of a
foreign court or official or
person resident abroad, duly
authenticated copies may be
admitted to probate either
without limitation or until the
original is produced and
admitted to probate.
Rule 49—Grant to Person with Power of
Attorney
(1) Where a person entitled to a grant
of letters of administration is
resident outside the country,
the grant may be made as in Form
41 in the Schedule to the
attorney of the person for the
person's use and benefit until
the person obtains a grant.
(2) Where the person entitled to a
grant is an executor, a grant of
administration with the will
annexed may be made to his or
her attorney for the use and
benefit of the executor until
the executor applies for and
obtains probate; provided that a
grant shall not be made to the
attorney unless notice is given
to other executors.
(3) The notice shall be left at the
last known address of the
executor to be served or sent to
that address by registered post.
(4) A power of attorney under this
rule shall be as in Form 42 and
shall be notarised and deposited
in the registry of the Court.
(5) If the power of attorney is in a
language other than English, a
certified English translation of
it shall be annexed to it.
(6) The affidavit in support of the
attorney's application for grant
shall be accompanied by an
office copy of the power of
attorney deposited in court
under subrule (4).
Rule 50—Grant for the use of Minors
(1) Where a person entitled to a grant
of probate or letters of
administration is under the age
of eighteen years a grant shall
not be made to the person but to
his or her guardian for the
child's use and benefit until
the child attains full age.
(2) An application by a guardian for a
grant for the use and benefit of
a child shall be supported by an
affidavit as in Form 43 in the
Schedule which shall depose to
the fact that the person
entitled to the grant is under
the age of eighteen years and
must contain particulars of the
estate.
(3) Where a sole executor is a child,
his or her guardian may be
granted administration with will
annexed until the child attains
full age when a grant of probate
may be made to the person.
(4) The Court may instead of making a
grant to a minor's guardian,
make a grant to such other
person as it considers fit.
(5) Where one of several executors is
a child, probate may be granted
to any others not with
disability provided that the
right of the child to a grant
shall be reserved on the child
attaining full age.
(6) The right of an executor who is a
child to probate on attaining
the age of eighteen years shall
not be renounced by any person
on his or her behalf.
Rule 51—Persons to whom Grants may be
made as Guardians of Children
The persons to whom grants may be made
as guardians for the use and
benefit of a child are,
(a) the child's parents jointly,
include adoptive parents;
(b) a guardian appointed by one of the
parents to be the testamentary
guardian after that parent's
death to act jointly with the
surviving parent, but if the
surviving parent objects to the
testamentary guardian or if the
testamentary guardian considers
the surviving parent unfit, the
surviving parent or testamentary
guardian may apply to the Court
for directions as to who should
act as guardian of the child; or
(c) any guardian appointed by a court
of competent jurisdiction in
cases where a child has no
testamentary guardian or where
the guardian has died or refused
to act or where the child has no
parents or persons with parental
rights.
Rule 52—Disability grants
(1) Where a person otherwise entitled
to a grant is by reason of
mental or physical disability
unable to manage his or her
affairs, a grant may be made for
his or her use and benefit
during the period of the
disability.
(2) A grant of probate shall not be
made under subrule (1) unless
there are no other persons
entitled in the same degree as
the person with disability or
the Court directs otherwise.
(3) Where one of several executors is
under mental or physical
disability, a grant of probate
may be made to the others.
(4) A grant under subrule (1) or (3)
may be made by the Court to a
person entitled to the residuary
estate or on intestacy, to any
person the Court considers fit
where the person has an interest
in the estate.
(5) Before a grant is made under
subrule (1) or (3), medical
evidence of incapacity shall be
produced to the satisfaction of
the Court.
Rule 53—Incapacity after Grant
Where a person to whom a grant has
been made becomes incapable
after the grant, it shall be
revoked and a new grant shall be
made on the application of any
person interested in the estate
or any other person as the Court
considers fit.
Rule 54—Grant in Respect of Person
Serving Prison Sentence
(1) A grant shall not be made to a
person serving a sentence of
imprisonment, however where a
person otherwise entitled to a
grant is serving a sentence of
imprisonment, a grant may be
made to his or her attorney for
his or her use and benefit, but
the Court may appoint another
person as administrator in place
of the prisoner.
(2) Where a person to whom a grant has
been made is sentenced to a term
of imprisonment the grant shall
be revoked and the Court may
make a grant to that person's
attorney or to another person as
provided in subrule (1)
Rule 55—Grant Limited by the Terms of
the Will
(1) Where a testator appoints one
person as a general executor and
another person for a special
purpose both may apply for
probate.
(2) If the application for probate is
made by both executors at the
same time, one grant shall be
made but the powers of the
executors, shall be
distinguished.
(3) If an application is first made by
one of the executors, a grant
may be made to that executor
reserving the right of the other
executor.
Rule 56—Absentee Grant
Where any personal representative to
whom a grant has been made
resides outside the country, the
Court may on the application of
any creditor or person
interested in the estate of the
deceased, make a limited grant
until the absent representative
returns to the jurisdiction.
Rule 57—Grant for the Preservation of
the Estate
(1) The Court may make grant for the
preservation of the estate of a
deceased before those entitled
to a grant apply.
(2) The application may be made
ex-parte by a creditor or a
person who has an interest in
the estate of the deceased.
(3) Any grant made under this rule
shall be limited only to the
collection and receipt of
property that forms part of the
estate and the doing of such
acts as may be necessary for its
preservation and until a grant
is made to the person entitled.
(4) The Court may make a grant under
this rule to the
Administrator-General upon
application by the
Administrator-General.
Rule 58—Administration Pendente Lite
(1) After a probate action has been
commenced, an application may be
made to the Court to grant
administration pendente lite in
accordance with section 80 of
the Administration of Estates
Act, 1961 (Act 63).
(2) An application under subrule (1)
may be made by one of the
parties to the suit or by any
person interested in the estate.
(3) The parties may agree on the
person to be appointed
administrator pendente lite,
otherwise the Court shall
appoint such persons as it
considers fit.
(4) If a person to be appointed as
administrator pendente lite is
connected with the suit the
consent of the parties to the
suit shall be sought unless the
Court decides otherwise.
(5) A person appointed administrator
pendente lite shall submit
accounts as in Forms 44 and 45
in the Schedule to the Court for
them to be passed at such
intervals as the Court may
direct, but shall in any case
submit an account at the end of
each year of administration and
upon being discharged.
(6) The account to be submitted under
subrule (5) shall consist of an
inventory of assets in the hands
of the administrator pendente
lite and a cash account and
shall be verified by affidavit
and lodged in the registry of
the Court.
(7) An appointment shall be made for
the purpose of passing the
accounts.
(8) An administrator pendente lite
shall give security in such sum
and in such manner as the Court
shall direct.
(9) An administrator pendente lite
shall be entitled to such
reasonable remuneration as the
Court thinks fit and such
remuneration shall be paid out
of the estate or the income of
the estate and shall be fixed on
the taking of accounts.
(10) The Court in fixing remuneration
under subrule (9) shall take
into account the duration and
complexity of the
administration, the professional
skill, business, knowledge or
other qualification of the
administrator pendente lite and
the total work done by the
administrator pendente lite.
(11) The remuneration and charges of
an administrator pendente lite
and the costs of applying for
the appointment of the
administrator pendente lite may
be paid out of the estate or by
the party ordered by the Court
to pay the costs of the action.
Rule 59—Special Grant in Respect of
Unadministered Assets (De-bonis
non)
(1) Where all the persons to whom a
grant of probate has been made
have died without completing
administration and the chain of
representation has been broken,
a grant with the will annexed
shall be made in respect of the
unadministered assets to those
entitled.
(2) Where all the persons to whom a
grant of letters of
administration has been made
have died without completing the
administration, the Court shall
make a grant in respect of the
unadministered assets to those
entitled.
(3) The grant shall be as in Form 46
in the Schedule.
Rule 60—Second Grants
Where a limited grant is made to one
person for the use and benefit
of another and that person dies
before completing
administration, or where the
original grant is limited in
time or until the happening of
an event and the time expires or
the event occurs, the Court
shall make a re-grant to such
person as is entitled to it.
ORDER 67—ENFORCEMENT OF FUNDAMENTAL
HUMAN RIGHTS
Rule 1—Application for Redress under
Article 33 of the Constitution
A person who seeks redress in respect
of the enforcement of any
fundamental human right in
relation to the person under
article 33 (1) of the
Constitution shall submit an
application to the High Court.
Rule 2—Mode of Submission of
Application
(1) The application shall be made to
the Court by motion supported by
an affidavit signed by the
applicant or by the applicant's
lawyer and shall contain the
following particulars
(a) the full name and address for
service of the applicant and the
lawyer of the applicant;
(b) the facts upon which the applicant
relies;
(c) the relief or remedy sought by the
applicant and the grounds on
which the applicant seeks the
relief or remedy; and
(d) the full name and address for
service of any person directly
affected by the application.
(2) A copy of the application shall be
served on the Attorney-General
and such other persons as the
Court may direct.
Rule 3—Time for Submission of
Application
(1) The application shall be submitted
to the High Court within
(a) six months of the occurrence of
the alleged contravention; or
(b) three months of the applicant
becoming aware that the
contravention is occurring or is
likely to occur.
(2) Notice of the application shall be
served on the Attorney-General
and all parties named in the
affidavit of the applicant as
being directly effected.
(3) Notice of the application shall
also be served on a person not
named in the application if the
Court considers it desirable and
so orders.
Rule 4—Response to Application
(1) The Attorney-General and any other
person served with notice of the
application shall file an
affidavit in answer to the
application within twenty-one
days of service of the notice on
him.
(2) The response shall state the facts
and law, if any, on which the
respondent relies in support of
the respondent's case.
(3) The Court may upon application
permit a party to the action to
amend the grounds relied upon or
to file a further affidavit not
later than seven days from the
date of grant of the leave.
(4) A party shall supply every other
party copies of affidavit to be
used at the hearing.
Rule 5—Setting down the Application
for Hearing
Within twenty-one days of the service
of an affidavit in reply to the
application, the applicant shall
set down the application for
hearing and shall give notice to
the other parties to the
proceedings.
Rule 6—Hearing of Application
(1) A party to the proceedings is
entitled to call any witness in
support of the party's case.
(2) The Court may call any witness
whose evidence is in the opinion
of the Court likely to be
relevant to the proceedings.
(3) The Court may also receive
evidence by affidavit.
Rule 7—Appearance of Lawyer
The applicant and respondent and any
person on whom notice of the
application is served is
entitled to appear in person or
by a lawyer.
Rule 8—Court to issue Directions,
Orders or Writs
The Court may issue such directions,
orders or writs including writs
or orders in the nature of
habeas corpus, certiorari,
mandamus, prohibition and quo
warranto as it may consider
appropriate for the purpose of
enforcing or securing the
enforcement of any of the
provisions on the fundamental
human rights and freedoms of the
Constitution to the protection
of which the applicant is
entitled.
Rule 9—Appeal against Direction, Order
or Writ
A person dissatisfied with a
direction, order or writ issued
by the Court under rule 8 may
appeal to the Court of Appeal
and has further right of appeal
to the Supreme Court.
ORDER 68—PROCEEDINGS TRANSFERRED TO
HIGH COURT
Rule 1—Papers to be filed
Where an order has been made for the
transfer of proceedings to the
High Court from any other court
and the relevant documents are
received in the High Court, the
Registrar shall immediately file
them and make an entry of the
filing in the Cause Book.
Rule 2—Parties to be Notified
After filing the documents, the
Registrar shall within three
days give notice to all parties
that the action is proceeding in
the High Court and that the
defendant is required to file
appearance in the action within
eight days of service of the
notice.
Rule 3—Appearance
Within eight days after receiving the
notice referred to in rule 2,
the defendant shall file
appearance in accordance with
Order 9 rules 1 to 5 and those
rules shall apply as if the
proceedings transferred were an
action commenced by writ in the
High Court.
Rule 4—Default of Appearance
If the defendant fails to file
appearance within the period
prescribed by rule 3, the
plaintiffs, may with leave of
the Court, enter judgment
against the defendant with
costs.
Rule 5—Application for Directions or
Summary Judgment
(1) Where a defendant files appearance
in the action, the plaintiff
shall within seven days after
the appearance is filed, either
(a) file a notice of an application
for directions which shall be
served on the defendant at least
seven days before the day named
in the notice for hearing the
application; or
(b) make an application under Order 14
rule 1 for summary judgment
against the defendant except
where the defendant is the
Republic.
(2) Where notice of an application for
directions is served on the
defendant under subrule (1) (a),
Order 32 shall, with necessary
modifications, apply as if the
application were an application
for directions under that Order.
ORDER 69—SERVICE OF FOREIGN PROCESS
Rule 1—Service of Foreign Process
(1) This rule applies to the service
of any process required in
connection with civil or
commercial proceedings pending
before a court or other tribunal
of a foreign country, where a
letter of request from the
tribunal requesting service on a
person in Ghana of the process
sent with the letter, is
received by the Minister for
Foreign Affairs and is sent to
the Judicial Secretary asking
that it is desirable that effect
should be given to the request.
(2) In order that service of the
process may be effected in
accordance with this rule, the
following documents shall be
submitted and, unless the
documents are in English, there
shall also be submitted
translation of them in English
(a) the letter of request; and
(b) two copies of the process to be
served.
(3) Subject to subrule (4) and to any
enactment which provides for the
manner in which documents may be
served on bodies corporate,
service of the process shall be
effected by leaving a copy of it
and of the translation with the
person to be served.
(4) The Attorney-General may apply to
the Court for an order for
substituted service of the
process, and where such an order
is made, service of the process
shall be effected by taking such
steps as the Court may direct to
bring the process to the notice
of the person to be served.
(5) After service of the process has
been effected or attempts to
effect service of it have
failed, the process server shall
file with the Registrar a copy
of the process and a copy of an
affidavit made by the process
server, stating when, where and
how he or she did or attempted
to effect the service and a
statement of the costs incurred
in effecting or attempting to
effect service.
(6) The Registrar shall send to the
Minister for Foreign Affairs a
certificate
(a) identifying the letter of request
for service, a copy of the
process received with the letter
and a copy of the affidavit
referred to in subrule (5);
(b) certifying that the method of
service of the process and the
proof of service are as required
by these Rules regulating the
service of process or that
service of the process could not
be effected for the reasons
specified in the certificate;
and
(c) certifying the cost of effecting
or attempting to effect service.
Rule 2—Service under Civil Procedure
Convention
(1) This rule applies to the service
of any process required in
connection with civil or
commercial proceedings pending
before a court or other tribunal
of a foreign country, which is a
country with which there exists
a Civil Procedure Convention
that provides for service in
Ghana of process of the
tribunals of that country, upon
receipt of a letter of request
by the Judicial Secretary from a
consular or other authority of
that country requesting service
on a person in Ghana of the
process sent with the letter.
(2) In order that service of the
process may be effected in
accordance with this rule, the
following documents shall be
submitted and, unless the
documents are in English, there
shall also be submitted
translations of them in English
(a) the letter of request; and
(b) two copies of the process to be
served.
(3) Subject to any enactment which
provides for the manner in which
documents may be served on
bodies corporate and to any
special provisions of the
relevant Civil Procedure
Convention, service of the
process shall be effected by
leaving the original process or
a copy of it, as indicated in
the letter of request, and a
copy of the translation with the
person to be served.
(4) After service of the process has
been effected or attempts to
effect service of it have
failed, the process server shall
file with the Registrar an
affidavit made by the process
server, stating when, where and
how he or she did or attempted
to do so, and a statement of the
costs incurred in affecting or
attempting to effect service.
(5) The Registrar shall send to the
consular or other authority by
whom the request for service was
made a certificate certifying
(a) that the process or a copy of the
process was served on the
person, at the time, and in the
manner specified in the
certificate or that service of
the process could not be
effected for the reason
specified; and
(b) the costs of effecting or
attempting to effect service.
Rule 3—Costs to be Certified
A statement of the costs incurred in
effecting or attempting to
effect service under rule 1 or 2
shall be submitted to the
Registrar who shall certify the
amount payable in respect of
those costs.
Rule 4—Certificates
The certificates given by the
Registrar under rules 1(6) and
2(5) shall be sealed with the
seal of the Court.
ORDER 70—OBTAINING EVIDENCE FOR
FOREIGN COURTS
Rule 1—Application for Order
Subject to rule 2, an application for
an order under section 75 of the
Courts Act, 1993 (Act 459) shall
be made ex-prate by a person
duly authorised to make the
application on behalf of the
Court or tribunal in question
and shall be supported by
affidavit.
Rule 2—Certificate or other Document
There shall be exhibited with the
affidavit in support of the
letter of request a certificate
or other document evidencing the
desire of the court or tribunal
to obtain for the purpose of a
matter pending before it, the
evidence of the witness to whom
the application relates or the
production of any document and,
if that document is not in the
English language, a translation
of it in that language.
Rule 3—Application by Attorney-General
Where a letter of request, a
certificate or other document
requesting that the evidence of
a witness within the
jurisdiction in relation to a
matter pending before a court or
tribunal in a foreign country be
obtained is received by
(a) the Minister for Foreign Affairs,
the Minister shall send the
request to the Judicial
Secretary with an intimation
that effect should be given to
the request without requiring an
application for that purpose to
be made by the agent in Ghana of
any party to the matter pending
before the Court or tribunal; or
(b) the Judicial Secretary in
pursuance of a Civil Procedure
Convention from any person in
Ghana, for the assistance of a
court or tribunal in the foreign
country, and no person is named
in the document as the person
who will make the necessary
application on behalf of the
party,
the Judicial Secretary shall send the
document to the
Attorney-General, who may make
an application for an order
under section 75 of the Courts
Act, 1993 (Act 459), and take
such other steps as may be
necessary to give effect to the
request.
Rule 4—Taking of Examination
(1) Any order made in pursuance of
this Order for the examination
of a witness may direct the
examination to be taken before
any fit and proper person
nominated by the person applying
for the order or before an
examiner of the Court or before
any other qualified person as
the Court considers fit.
(2) Subject to any special direction
contained in any order made in
pursuance of this Order for the
examination of a witness, the
examination shall be taken in
the manner provided by Order 39
rules 4 to 10, and an order may
be made under Order 39 rule 14
for payment of the fees and
expenses due to the examiner,
and those rules shall apply
accordingly with any necessary
modifications.
(3) If the examination is directed to
be taken before one of the
examiners of the Court, Order 39
rule 13 shall apply in relation
to the examination.
Rule 5—Dealing with Deposition
Unless any order made under this Order
for the examination of a witness
otherwise directs, the examiner
before whom the examination is
taken shall send the deposition
of that witness to the Registrar
who shall
(a) give a certificate sealed with the
seal of the Court identifying
the letter of request, the
certificate or other document
from the court or tribunal
outside the jurisdiction
requesting the examination, the
order of the Court for the
examination and the deposition
taken in pursuance of the order;
and
(b) send the certificate with the
documents to the Minister for
Foreign Affairs, or, where the
letter of request, certificate
or other document was sent to
the Judicial Secretary by some
other person in accordance with
a Civil Procedure Convention, to
that other person, for
transmission to that court or
tribunal.
ORDER 71—RECIPROCAL ENFORCEMENT OF
JUDGMENTS
Rule 1—Powers Exercisable by Judge in
Chambers
The powers conferred on the High Court
by section 82 of the Courts Act,
1993 (Act 459) may be exercised
by a Judge in chambers.
Rule 2—Application for Registration
An application to have a foreign
Judgment registered in the High
Court under section 82 of the
Courts Act, 1993 (Act 459) may
be made by motion ex-parte.
Rule 3—Evidence in Support of
Application
(1) An application for registration
shall be supported by an
affidavit
(a) exhibiting the judgment or a
verified or certified or
otherwise duly authenticated
copy of it, and where the
judgment is not in English a
translation of it in English
certified by a notary public or
authenticated by affidavit;
(b) stating the name, trade or
business and the usual or last
known place of abode or business
of the judgment creditor and the
judgment debtor respectively, so
far as is known to the deponent;
(c) stating to the best of the
information or belief of the
deponent that
(i) the judgment creditor is entitled
to enforce the judgment;
(ii) at the date of the application,
the judgment had not been
satisfied;
(iii) at the date of the application,
the judgment can be enforced by
execution in the country of the
original court and that if it
were registered, the
registration would not be set
aside under section 83 of the
Courts Act, 1993 (Act 459); and
(d) specifying the amount of the
interest, if any, which under
the law of the country of the
original court has become due
under the judgment up to the
time of the application for
registration.
(2) Where the sum payable under a
judgment sought to be registered
is expressed in a currency other
than the currency of Ghana, the
affidavit shall also state the
amount which that sum represents
in the currency of Ghana
calculated at the appropriate
Bank of Ghana rate of exchange
prevailing at the date of the
judgment.
(3) Where a judgment sought to be
registered is in respect of
different matters, and some, but
not all, or the provisions of
the judgment are such that if
those provisions had been
contained in separate judgments,
those judgments could properly
have been registered, the
affidavit shall state the
provisions in respect of which
it is sought to register the
judgment.
(4) The affidavit shall be accompanied
with such other evidence with
respect to the enforceability of
the judgment by execution in the
country of the original court,
and of the law of that country
under which any interest has
become due under the judgment as
may be registered, having regard
to the provisions of the
legislative instrument made in
respect of that country under
section 81 (1) of the Courts
Act, 1993 (Act 459).
Rule 4—Security for Costs
Except as otherwise provided by any
relevant legislative instrument,
the Court may order the judgment
creditor to give security for
the costs of the application for
registration and of any
proceedings which may be brought
to set aside the registration.
Rule 5—Order for Registration
(1) An order giving leave to register
a judgment shall be drawn up by
or on behalf of the judgment
creditor.
(2) An order giving leave to register
a judgment drawn up as required
by subrule (1), shall be served
on the judgment debtor unless
the Court otherwise directs.
(3) Each order shall state the period
within which an application may
be made to set aside the
registration and shall contain a
notification that execution on
the judgment will not issue
until after the expiration of
that period.
(4) The Court may, on an application
made at any time while it
remains competent for any party
to apply to have the
registration set aside, extend
the period, either as originally
fixed or as subsequently
extended, within which an
application to have the
registration set aside may be
made.
Rule 6—Register of Judgments
There shall be kept under the
direction of the Judicial
Secretary, a register of the
judgments ordered to be
registered under section 82 of
the Courts Act, 1993 (Act 459),
and there shall be included in
the register particulars of any
execution issued on a judgment
ordered to be so registered.
Rule 7—Notice of Registration
(1) Subject to subrule (2), a notice
of the registration of a
judgment shall be served on the
judgment debtor personally,
unless the Court otherwise
orders.
(2) Service of such a notice out of
the jurisdiction may be effected
without leave, and Order 7 rules
5 to 9 shall apply in relation
to the notice as they apply in
relation to notice of a writ.
(3) The notice of registration shall
state
(a) full particulars of the judgment
registered and the order for
registration;
(b) the name and address of the
judgment creditor or of the
lawyer of the judgment creditor
or agent on whom any notice
issued by the judgment debtor
may be served;
(c) the right of the judgment debtor
to apply to have the
registration set aside; and
(d) the period within which an
application to set aside the
registration may be made.
Rule 8—Indorsement of Service
After service of the notice of
registration, the notice or a
copy of it shall be indorsed by
the person who serves it with
the day of the week and date on
which it is served, and until
the notice is so indorsed the
judgment creditor may not issue
execution on the judgment debtor
to whom the notice relates
without leave of the Court.
Rule 9—Application to set aside
Registration
(1) An application to set aside the
registration of a judgment shall
be supported by affidavit.
(2) The Court hearing the application
may order any issue between the
judgment creditor and judgment
debtor to be tried in any manner
in which an issue in an action
may be ordered to be tried.
(3) Where the Court hearing an
application to set aside the
registration of a judgment is
satisfied that the judgment
falls within any of the cases in
which a judgment may not be
ordered to be registered or that
it is not just or convenient
that the judgment should be
enforced in this country or that
there is some other sufficient
reason for setting aside the
registration, it may order the
registration of the judgment to
be set aside on such terms as it
thinks fit.
Rule 10—Issue of Execution
(1) Execution shall not issue on a
judgment registered under
section 82 of the Courts Act,
1993 (Act 459), until after the
expiration of the period which,
in accordance with rule 5(3), is
specified in the order for
registration as the period
within which an application may
be made to set aside the
registration or, if that period
has been extended by the Court,
until after the expiration of
that period as extended.
(2) Where an application is made to
set aside the registration of a
judgment, execution on the
judgment shall not issue until
after the application is finally
determined.
(3) A party who wishes to issue
execution of a registered
judgment, shall satisfy the
Registrar that notice of the
registration of the judgment and
any other order of the Court in
relation to the judgment, has
been served on the judgment
debtor.
Rule 11—Determination of Question
If any question arises whether a
foreign judgment can be enforced
by execution in the country of
the original court, or what
interest is payable under a
foreign judgment under the law
of the original court, that
question shall be determined in
accordance with the relevant
provisions contained in the
legislative instrument made in
respect of that country under
section 81 (1) of the Courts
Act, 1993 (Act 459).
Rule 12—Rules to have Effect Subject
to Legislative Instrument
The rules of this Order shall, in
relation to any judgment
registerable under section 82 or
any registered judgment sought
to be set aside under section 84
of the Courts Act, 1993 (Act
459), have effect subject to any
provisions contained in the
legislative instrument made
under section 81(1) of that Act
in respect of the country of the
original court, as are declared
by the instrument to be
necessary to give effect to the
agreement made between Ghana and
that country in relation to
matters with respect to which
there is power to make those
rules.
Rule 13—Certificate Copy of High Court
Judgment
(1) An application under section 88 of
the Courts Act, 1993 (Act 459)
for a certified copy of a
judgment entered in the High
Court shall be made ex-parte and
supported by affidavit.
(2) The affidavit shall
(a) give particulars of the cause or
matter in which the judgment was
obtained;
(b) have annexed to it a copy of the
writ and statement of claim, the
evidence of service of it,
appearance by the defendant,
copies of the other pleadings,
if any, and a statement of the
grounds on which the judgment
was based;
(c) state whether the defendant did or
did not object to the
jurisdiction, and, if he did, on
what grounds;
(d) show that the judgment is not
subject to any stay of
execution;
(e) state that the time for appealing
has expired or the date on which
it will expire and in either
case whether notice of appeal
against the judgment has been
filed; and state the rate at
which the judgment carries
interest.
(3) The certified copy of the judgment
shall be an office copy sealed
with the seal of the Court and
endorsed with a certificate
signed by the Registrar
certifying that the copy is a
true copy of a judgment obtained
in the High Court of Ghana and
that it is issued in accordance
with section 88 of the Courts
Act, 1993 (Act 459).
(4) There shall also be issued a
certificate signed by the
Registrar and sealed with the
seal of the Court to which shall
be attached a copy of the
process by which the cause or
matter was begun, and stating
(a) the manner in which the
originating process was served
on the defendant or that the
defendant appeared to it;
(b) what objections, if any, were made
to the jurisdiction;
(c) what pleadings, if any, were
served;
(d) the grounds on which the judgment
was based;
(e) whether notice of appeal against
the judgment has been entered;
(f) such other particulars as it may
be necessary to give to the
court in the foreign country in
which it is sought to obtain
execution of the judgment; and
(g) the rate at which the judgment
carries interest.
ORDER 72—FOREIGN MAINTENANCE ORDERS
Rule 1—Transmission of Copy of Order
of Foreign Court
(1) Where a certified copy of a
maintenance order made by a
court outside Ghana is
transmitted to the Minister
responsible for Justice under
section 90 (3) of the Courts
Act, 1993 (Act 459), the order
shall, where it was made by a
court of superior jurisdiction,
be sent to the Registrar of the
Court in the Region in which the
defendant is alleged to be
living.
(2) A certified copy of a provisional
order made by a court of
superior jurisdiction outside
Ghana and received by the
Minister under section 91 (2) of
the Courts Act, 1993 (Act 459),
shall be sent to the Registrar
of the Court, with accompanying
documents and a requisition for
the issue of summons to the
party affected by the order to
show cause why the order should
not be confirmed.
Rule 2—Registration of Orders
The Registrar to whom an order is sent
in accordance with rule 1 shall
enter it in the register of the
Registrar on the date on which
it is received, in the same
manner as if the order had been
made at the Registrar's Court,
distinguishing it from the other
entries in a convenient manner
so as to show that it is entered
in pursuance of Sub-Part II of
Part V of the Courts Act, 1993
(Act 459).
Rule 3—Notice of Confirmation
When an order provisionally made
outside the country has been
confirmed with or without
modification under section 91 of
the Courts Act, 1993 (Act 459)
by the Court, or when the Court
has decided not to confirm it,
the Registrar of the Court shall
send notice of it to the Court
from which it was issued and
also to the Minister responsible
for Justice.
Rule 4—Direction as to Payments
(1) When an order has been registered
in the Court under section 90 of
the Courts Act, 1993 (Act 459),
or a provisional order has been
confirmed by the Court under
section 91 of that Act, the
Court shall, unless satisfied
that it is undesirable to do so,
direct that all payments due
under the order shall be made
through an officer of the Court,
or such other person as the
Court may specify.
(2) The direction may be given without
any application, and
notwithstanding any other
provision of these Rules.
Rule 5—Collection of Payment
The person through whom the payments
are directed to be made shall
collect the moneys due under the
order, and may take proceedings
in the name of the judgment
creditor for enforcing payment,
and shall send the moneys when
collected to the court from
which the order was originally
issued.
Rule 6—Notice of taking of further
Evidence
When a provisional order, made under
section 93 of the Courts Act,
1993 (Act 459) has been remitted
under subsection (4) of that
section to the Court in the
Region where the defendant is
alleged to be residing, for the
purpose of taking further
evidence, a notice stating the
provisional order shall be sent
by the Registrar of the Court to
the person on whose application
the provisional order is made.
ORDER 73—ARREST OF ABSCONDING
DEFENDANT
Rule 1—Defendant leaving the
Jurisdiction; Application for
Security
(1) A plaintiff may at the institution
of an action or at any time
before final judgment, make an
application ex parte supported
by an affidavit to the Court for
an order that security be taken
for the appearance of the
defendant to answer any judgment
that may be given against the
defendant in the action where
the amount involved in the
action exceeds ¢5 million, and
(a) the defendant has disposed of or
removed all or part of the
property of the defendant from
the country; or
(b) the defendant is about to leave
the country.
(2) Where the Court is satisfied that
the provisions in paragraph (a)
or (b) of subrule (1) have been
substantiated and that the
execution of any judgment in the
action against the defendant is
likely to be obstructed or
delayed, it may issue a warrant
to bring the defendant before
the Court to show cause why the
defendant should not give good
and sufficient bail for the
defendant's appearance.
Rule 2—Bail for Appearance
Where the defendant fails to show
cause, the Court shall order the
defendant to give bail for the
defendant's appearance at any
time while the action is pending
until the execution or
satisfaction of any judgment
that may be given against the
defendant in the action, and the
surety shall undertake to pay
any money that may be adjudged
to be paid by the defendant in
the action, in default of the
appearance of the defendant.
Rule 3—Deposit in Lieu of Bail
A deposit of money or other valuable
property by the defendant
sufficient to satisfy the claim
and costs of the action may be
accepted by the Court in lieu of
bail.
Rule 4—Committal in Default of
Security or Deposit
Where the defendant fails to furnish
security or to provide
sufficient security the
defendant may
(a) be committed to custody until the
determination of the action; or
(b) if the judgment is against the
defendant, until the execution
of the order if the Court so
orders
except that the Court may at any time
release the defendant upon
reasonable cause being shown and
upon terms such as security or
other matters of relevance.
Rule 5—Court with Jurisdiction
(1) An application under this Order
may be made to any court where
the defendant may be found and
the court may, issue the warrant
to detain and bring the
defendant before the court and
may make such further orders as
the court considers just in the
circumstances.
(2) Where the warrant is issued by a
court other than the Court
before which the action is
pending, that court shall
transmit the application and the
evidence to the Court where the
action is pending, upon the
request of either party to the
action.
(3) Where subrule (2) applies, the
court transferring the
application shall take
sufficient security for the
appearance of the defendant in
that court or send the defendant
to the other Court in the
custody of an officer of court;
and the Court where the action
is pending shall deal with the
application in accordance with
this Order.
Rule 6—Cost of Keeping the Arrested
Person
(1) The expenses incurred for keeping
the arrested person in custody
shall be of such sum as shall be
determined by the court, and
shall be paid by the plaintiff
in advance to the prison
authority.
(2) Any amount expended under subrule
(1) may be recovered by the
plaintiff in the action unless
the court otherwise orders.
(3) The court may order the release of
the person in custody if the
plaintiff fails to pay the
subsistence expenses or in the
case of serious illness, order
the removal of the person to a
hospital.
ORDER 74—COSTS
Rule 1—Costs in the Discretion of
Court
(1) Subject to this Order the costs of
and incidental to proceedings in
the Court shall be at the
discretion of the Court, and the
Court shall have full power to
determine by whom and to what
extent the costs are to be paid.
(2) In any case where the Court
considers fit to award costs to
any party, the Court may by
order direct taxation of the
costs of the party and payment
or direct payment of the sum in
lieu of taxed costs.
Rule 2—Assessment of Costs by Court
(1) The amount of Costs to be awarded
shall be assessed by the Court.
(2) Before any assessment, the parties
or their lawyers may briefly
address the Court on the
question of costs.
(3) Without prejudice to the powers
and discretion of the Court, an
award of costs shall ordinarily
be designed to
(a) compensate for expenses reasonably
incurred and court fees paid by
the party in whose favour the
award is made; and
(b) provide reasonable remuneration
for the lawyer of that party in
respect of work done by the
lawyer.
(4) In assessing the amount of costs
to be awarded to any party, the
Court may have regard to
(a) the amount of expenses, including
travel expenses, reasonably
incurred by that party or that
party's lawyer or both in
relation to the proceeding;
(b) the amount of court fees paid by
that party or that party's
lawyer in relation to the
proceedings;
(c) the length and complexity of the
proceedings;
(d) the conduct of the parties and
their lawyers during the
proceedings; and
(e) any previous order as to costs
made in the proceedings.
(5) When the Court adjudges or orders
any costs to be paid, the amount
of the costs shall, if
practicable, be summarily
determined by the Court at the
time of making the judgment or
order, and shall be stated in
the order.
(6) When the Court considers it to be
impracticable to determine
summarily the amount of any
costs which it has adjudged or
ordered to be paid, all
questions relating thereto may
either be determined upon
taxation by the Court itself or
may be referred by the Court to
a taxing officer and be
ascertained by the taxing
officer and approved by the
Court.
Rule 3—Stage at which Costs may be
Dealt with
(1) Costs may be dealt with by the
Court at any stage of
proceedings or after the
conclusion of the proceedings;
and any order of the Court for
the payment of any costs may, if
the Court thinks fit, require
the costs to be paid immediately
notwithstanding that the
proceedings have not been
concluded.
(2) In the case of an appeal, the
costs of the proceedings giving
rise to the appeal, as well as
the costs of the appeal and of
the proceedings connected with
it, may be dealt with by the
Court hearing the appeal.
(3) In the case of any proceedings
transferred or removed to the
High Court from any other court,
the costs of the whole
proceedings, both before and
after the transfer or removal,
may, subject to any order of the
court ordering the transfer or
removal, be dealt with by the
Court to which the proceedings
are transferee or removed.
Rule 4 —When a Party is Entitled to
Costs without an Order
(1) When the plaintiff's claim is for
a liquidated demand only, and
the defendant within the time
limited for appearance pays the
amount claimed to the plaintiff
or the lawyer or agent of the
plaintiff, the plaintiff shall
be entitled, without an order of
the Court, to costs of the
action.
(2) Where a plaintiff by notice in
writing and without leave either
wholly discontinues an action
against any defendant or
withdraws any particular claim
made by the plaintiff against
any defendant, the defendant
shall be entitled, without an
order of the Court, to costs of
the action or costs occasioned
by the matter withdrawn.
(3) Where a defendant by notice in
writing and without leave
discontinues a counterclaim
against any party or withdraws
any particular claim made by the
defendant against any party,
that party shall be entitled,
without an order of the Court,
to costs of the counterclaim or
costs occasioned by the claim
withdrawn, incurred up to the
time of receipt of the notice of
discontinuance or withdrawal.
(4) Where a plaintiff accepts money
paid into court in satisfaction
of a cause of action, or any of
the causes of action, in respect
of which the plaintiff claims,
or where the plaintiff accepts a
sum or sums paid in respect of a
loan or the specified causes of
action and gives notice that the
plaintiff abandons the others,
the plaintiff shall be entitled,
without an order of the Court,
to costs incurred up to the time
of receipt of the notice of
payment into court.
(5) Where a plaintiff in an action for
defamation against several
defendants sued jointly accepts
money paid into Court by one of
the defendants, the plaintiff
shall be entitled, without an
order of the Court, to costs
incurred up to the time of
receipt of the notice of payment
into Court.
(6) A defendant who has counterclaimed
shall be entitled, without an
order of the Court, to the costs
of the counterclaim if
(a) the defendant pays money into
court and in the notice of
payment, the defendant states
that the defendant has taken
into account and satisfied the
cause of action in respect of
which the defendant
counterclaims, and
(b) the plaintiff accepts the money
paid in,
but the Costs of the counterclaim
shall be limited to those
incurred up to the time when the
defendant receives notice of
acceptance by the plaintiff of
the money paid into court.
(7) Notwithstanding subrules (4), (5)
and (6), where money paid into
court in an action is accepted
after the trial or hearing has
begun, the party accepting that
money shall not, without an
order of the Court, be entitled
to costs under subrules (4), (5)
or (6).
(8) Where under any provision of
subrules (1) to (6), or under
any other provision of these
Rules, a party becomes entitled
to any costs without an order of
the Court, that party may apply
to the Court forthwith for the
assessment of the amount of
those costs under rule 2, and if
the costs are not paid within
seven days after assessment the
party may sign judgment for that
party's assessed costs
Rule 5—When Costs follow the Event
(1) Subject to rule 4 and to any other
provision of these Rules, no
party shall be entitled to
recover any costs of or
incidental to any proceedings
from any other party to the
proceedings except under an
order of the Court.
(2) Where the Court in the exercise of
its discretion considers it fit
to make an order as to the costs
of or incidental to any
proceedings, the Court shall,
subject to this Order, order the
costs to follow the event,
except where it appears to the
Court that in the circumstances
of the case, some other order
should be made as to the whole
or any part of the costs.
(3) The costs of and occasioned by any
amendment made without leave in
the originating process or any
pleading shall be borne by the
party making the amendment,
unless the Court otherwise
orders.
(4) The costs of and occasioned by any
application to extend the time
fixed by these Rules, or any
direction or order made under
it, for serving or filing any
document or doing any other act
shall be borne by the party
making the application, unless
the Court otherwise orders.
(5) If a party on whom a notice to
admit facts is served under
Order 23 refuses or neglects to
admit the facts within seven
days after the service on the
party of the notice, or such
longer time as may be allowed by
the Court, the costs of proving
the facts shall be paid by the
party, unless the Court
otherwise orders.
(6) If a party on whom a list of
documents is served under Order
21, or on whom a notice to admit
documents is served under Order
23 gives notice of non-admission
of any of the documents in
accordance with Order 23, the
costs of proving that document
shall be paid by the party,
unless the Court otherwise
orders.
Rule 6—Special Matters to be taken
into Account
The Court in exercising its discretion
as to costs shall, to such
extent, if any, as may be
appropriate in the
circumstances, take into account
(a) any offer of contribution
mentioned in Order 15 rule 10
which is brought to its
attention in pursuance of a
reserved right to do so; and
(b) any payment of money into court
and the amount of the payment.
Rule 7—Costs in Probate, Trust and
Mortgage issues
(1) Notwithstanding anything in this
Order, unless the Court is of
the opinion that there was no
reasonable ground for opposing a
will, no order shall be made for
the costs of the other side to
be paid by the party opposing a
will in a probate action if the
defendant has given notice with
the defence to the party setting
up the will that the defendant
insists upon the will being
proved in solemn form so as to
cross-examine the witnesses
produced in support of the will.
(2) Where a person is or has been a
party to any proceedings in the
capacity of a trustee, personal
representative or a mortgagee,
the person shall, unless the
Court otherwise orders, be
entitled to the costs of those
proceedings, in so far as they
are not recovered from or paid
by any other person, out of the
fund held by the trustee,
personal representative or the
mortgagee, and the Court may
otherwise order only on the
ground that the trustee,
personal representative or
mortgagee has acted unreasonably
or, has in substance acted for
the benefit of the trustee,
personal representive or
mortgagee rather than for the
benefit of the fund.
Rule 8—Costs Arising from Misconduct
or Neglect
(1) Where in any proceedings anything
is done or omission is made
improperly or unnecessarily by
or on behalf of a party, the
Court may direct that any costs
to that party in respect of it
shall not be allowed, and that
any costs occasioned by it to
the other parties shall be paid
by the defaulting party to them.
(2) Without prejudice to the
generality of subrule (1), the
Court shall for the purpose of
that subrule have regard in
particular to the following
matters
(a) the omission to do anything which
if done would have saved costs;
(b) the doing of anything calculated
to occasion unnecessary costs;
and
(c) any unnecessary delay in the
proceedings.
Rule 9—Personal Liability of Lawyer
for Costs
(1) Where in any proceedings costs are
incurred improperly or without
reasonable cause or are wasted
by undue delay or by any other
misconduct or default, the Court
may make against any lawyer whom
it considers to be responsible,
whether personally or through a
servant or agent, an order
disallowing the costs as between
the lawyer and the client of the
lawyer and
(a) direct the lawyer to repay to the
client costs, which the client
has been ordered to pay to the
other party in the proceedings;
or
(b) direct the lawyer personally to
indemnify the other party
against costs payable to that
party.
(2) No order under this rule shall be
made against a lawyer unless the
lawyer has been given a
reasonable opportunity to appeal
before the Court to show cause
why the order should not be
made.
(3) The Court may give the lawyer a
reasonable opportunity to appear
and show cause where proceedings
fail, cannot conveniently
proceed or are adjourned without
useful progress being made
because the lawyer
(a) fails to attend in person or by a
proper representative;
(b) fails to deliver any document for
the use of the Court, which
ought to have been delivered or
ought to have been prepared with
any proper evidence or account;
or
(c) otherwise fails to proceed.
(4) The Court may direct that notice
of any proceedings or order
against a lawyer under this rule
may be given to the client of
the lawyer in such manner as may
be specified in the direction.
Rule 10—Set-off
A set-off for costs between parties to
the proceedings may be allowed
notwithstanding any lawyer's
lien for costs in those
proceedings.
Rule 11—Recovery of Costs
(1) Where the amount of any costs has
been assessed by the Court,
payment of that amount may,
subject to subrule (2) be
enforced in the same manner as a
judgment or order for the
payment of money.
(2) No steps shall be taken to enforce
the payment of costs
(a) until seven days after the date on
which the amount of those costs
is assessed by the Court; or
(b) where an application for review is
made under rule 12, until that
application is determined.
Rule 12—Review
(1) Where the Court awards costs, or
declines or fails to award
costs, any party aggrieved by
the award or failure or refusal
of the Court to award costs to
the party may, within fourteen
days after the date of such
award or failure or refusal,
apply to the Court to review its
decision.
(2) Where the Court assesses the
amount of any costs, any party
aggrieved by the assessment on
the ground that
(a) the amount assessed in favour of
that party is inadequate; or
(b) the amount assessed against that
party is excessive,
may, within fourteen days after the
date of such assessment, apply
to the Court to review its
decision.
(3) The application under subrule (1)
or (2) shall be supported by an
affidavit of the applicant or
the lawyer of the applicant
setting out
(a) the decision of which a review is
sought;
(b) the reasons why the review is
sought;
(c) any facts considered to be
relevant in support of the
application; and
(d) the new order sought on the
review.
(4) Any relevant receipts or other
documents referred to in the
affidavit shall be exhibited to
that affidavit.
(5) Notice of the application,
together with a copy of the
affidavit and any exhibited
documents, shall be served on
every other party to the
proceedings.
(6) Within seven days after receipt of
the notice and accompanying
affidavit, any other party to
the proceedings may file in the
registry, and serve on the
applicant, an affidavit by way
of answer to the affidavit of
the applicant, but except as
aforesaid, no subsequent
affidavits shall be filed or
served.
(7) Within twenty-one days after the
date of the decision of the
Court which is sought to be
reviewed, the applicant may
obtain an appointment for the
attendance of the parties before
the Court for the hearing of the
application, and a day and time
for their attendance shall be
fixed by a notice sealed with
the seal of the registry.
(8) Not less than four clear days
before the day fixed by notice
under subrule (7) for the
hearing of the application, the
applicant shall serve that
notice on every other party.
(9) At the time fixed for hearing, the
Court shall proceed to hear the
application in the presence of
such of the parties as attend or
their lawyers.
(10) At the hearing the Court may,
after considering the affidavit
and any documents annexed either
(a) dismiss the application, giving
reasons; or
(b) review any previous order of the
Court relating to costs, and
make such new orders as may be
just for the purpose of ensuring
that all matters in controversy
with respect to the costs of the
proceedings are finally disposed
of.
(11) Order 42 shall not apply to
proceedings under this rule.
ORDER 75—LAWYERS
Rule 1—Change and Appointment of
Lawyer
(1) A party represented by a lawyer
may, subject to rule 2, change
the lawyer at any time.
(2) A party represented by a lawyer
may subject to rule 2, discharge
the lawyer at any time and
proceed to act in person.
(3) A party who acts in person may at
any time appoint a lawyer to act
in the cause or matter on the
party's behalf.
Rule 2—Status of Former Lawyer
Unless and until a change or a
discharge of a lawyer under rule
1 (1) or (2) is notified in
accordance with rule 3, the
former lawyer shall subject to
rules 5 and 6, be considered the
lawyer of the party until the
conclusion of the cause or
matter in the Court.
Rule 3—Notice of Change of
Representation
(1) Where a party changes the party’s
representation under rule 1(1),
(2) or (3), the party or the
lawyer, if any, shall
(a) file a notice of the change at the
registry of the appropriate
Court; which notice shall
indicate the number and the date
of the current practising
licence of the lawyer; and
(b) send a copy of the notice,
endorsed with a statement that
the notice has been duly filed
in the registry, to the former
lawyer, if any, and to every
other party who is not in
default as to filing of
appearance.
(2) A notice of intention to act in
person shall contain an address
for service of the party giving
the notice.
Rule 4—Notice of change of Agent
Lawyer
A lawyer for whom another lawyer is
acting as agent may change the
lawyer so acting and shall
(a) file a notice of the change in the
registry of the appropriate
court; and
(b) send a copy of the notice,
endorsed with a statement that
the notice has been duly filed
in the registry, to the former
agent lawyer and to every party
to the cause or matter, not
being the party for whom the
lawyer is acting or a party in
default as to filing of
appearance.
Rule 5—Removal of Lawyer from Record
(1) Where
(a) a lawyer who acts for a party in a
cause or matter dies or becomes
bankrupt or cannot be found or
fails to take out a practising
certificate or has been struck
off the Roll of Lawyers or has
been suspended from practising
or has for any other reason
ceased to practise; and
(b) the party has not given notice of
change of lawyer or notice of
intention to act in person in
accordance with rule 3,
any other party to the cause or matter
may apply to the Court for an
order declaring that the lawyer
has ceased to be the lawyer
acting for the first-mentioned
party in the cause or matter,
and the Court may make an order
accordingly.
(2) Notice of an application for an
order under this rule shall,
unless the Court otherwise
directs, be served on the party
whose lawyer the application
relates.
(3) The application shall be supported
by an affidavit stating the
grounds for the application.
(4) Where the Court makes an order
under this rule, the Registrar
shall immediately notify every
party to the cause or matter,
who has filed an appearance, of
the making of the order.
(5) An order made under this rule
shall not affect the rights of
the lawyer and the party for
whom the lawyer acted as between
themselves.
Rule 6—Withdrawal of Lawyer who has
ceased to act for Party
(1) Where a lawyer who acts for a
party in a cause or matter
ceases so to act and the party
does not give notice of change
of lawyer or notice of intention
to act in person in accordance
with rule 3, the lawyer may
apply to the Court to make an
order accordingly.
(2) Notice of an application for an
order under this rule shall,
unless the Court otherwise
directs, be served on the party
for whom the lawyer acted.
(3) The application shall be supported
by an affidavit stating the
grounds of the application.
(4) Where the Court makes an order
under this rule, the Registrar
shall immediately notify every
party to the cause or matter,
who has filed an appearance, on
the making of the order.
(5) An order made under this rule
shall not affect the rights of
the lawyer and the party for
whom the lawyer acted as between
themselves.
Rule 7—Address for Service of Party
whose Lawyer is Removed
Where an order is made under rule 5 or
6, then unless and until the
party whose lawyer or to whom
the order relates, gives notice
of the appointment of another
lawyer or of the party's
intention to act in person in
accordance with rule 3, his last
known address or, where the
party is a body corporate, its
registered or principal office,
shall be declared to be the
address for service on the party
of any document not required to
be served personally.
Rule 8—Lawyer may be Ordered to
Deliver Cash Account, Documents
(1) Where the relationship of lawyer
and client exists or has
existed, the Court may, on the
application of the client or the
client's personal
representative, make an order
for
(a) the delivery by the lawyer of a
cash account;
(b) the payment or delivery by the
lawyer of money, securities or
documents and papers:
(c) the delivery to the client of a
list of the moneys or securities
which the lawyer has in his or
her possession or control on
behalf of the client; and
(d) the payment into or lodging in
court of any such moneys or
securities.
(2) An application for an order under
this rule shall be made by
motion with notice to the lawyer
concerned.
(3) If the lawyer alleges that he or
she has a claim for costs, the
Court may make such order as it
considers fit for the assessment
and payment or securing the
payment of the costs and the
protection of the lawyer’s lien,
if any.
ORDER 76—REGISTRARS AND BAILIFFS
Rule 1—Cause Lists to be kept
Every Registrar shall, subject to the
supervision and direction of the
Chief Justice, prepare and
maintain lists of causes or
matters to be tried at the
sittings of the Court, which
shall be known as the General
Cause List, the Short Cause
List, Master's List and the
Referee's List.
Rule 2—Power to Administer Oath
A Registrar has authority to
administer oaths and take
affidavits for the purpose of
proceeding in the Court.
Rule 3—Custody of Money in Court
(1) When money is paid into or
deposited in court, the
Registrar shall immediately give
a receipt from the counterfoil
receipt book, and shall pay the
money into the bank account of
the Court.
(2) Upon receipt of the paying-in-slip
from the bank, the Registrar
shall forward the slip to the
Controller and
Accountant-General's Department.
(3) The Controller and
Accountant-General shall comply
with any direction in writing
that he or she may receive from
the Court in respect of the
money and shall, on compliance
with any such direction, be free
and exonerated from any
liability on account of or
relating to that money.
(4) Any money paid into court may at
any time, by order of the Court,
be placed in the Bank of Ghana
in an interest yielding account
and any money paid into the bank
under subrule (1) may at any
time on the direction of the
Court, be placed by the
Registrar in the name "The
Registrar of the High Court" in
an interest yielding account in
the Bank of Ghana.
(5) The interest on any money placed
in the Bank of Ghana under
subrule (4) shall be paid and
dealt with as the Court may
direct.
Rule 4—Custody of other Goods in Court
When anything other than money is
deposited in court, the
Registrar shall keep it in safe
custody until the person
entitled to it withdraws it, or
until the Court gives directions
to the Registrar as to its
disposal.
Rule 5—Bailiff to make Returns
(1) At the end of every month, each
bailiff shall make a full return
to the Registrar of writs of
execution which remained in the
bailiff's hands not fully
executed at the end of the
preceding month, and of writs
entrusted to the bailiff for
execution during the past month,
and shall set against each writ
a statement of what has been
done under it.
(2) The returns stated above shall be
in such form as the Judicial
Secretary may direct.
(3) The Registrar shall examine the
returns and be satisfied, that
they are correct.
(4) On completing the examination of
each return the Registrar shall
certify that the Registrar has
examined the return in
accordance with this rule.
ORDER 77—PRODUCTION OF HIGH COURT
DOCUMENTS
Rule 1—Application of Order
Where a document filed in the registry
or in the custody of the
Registrar or any High Court is
required to be produced to any
other High Court or to a Circuit
Court or a District Court, it
shall not be necessary for an
officer of the High Court,
whether served with a subpoena
in that behalf or not, to attend
for the purpose of producing the
document, but the document may
be produced to the other court
in accordance with this Order.
Rule 2—Request for Production
(1) A Court or any party who requires
any document filed in the
registry of the Court to be
produced in a court other than
the court in which the action
was commenced, shall deliver a
request for that document from
the Registrar of the court which
requires the produce on to the
Registrar of the Court.
(2) On receipt of the request the
Registrar shall submit it to the
Judge in chambers who may direct
that the request be complied
with.
(3) Before giving such direction the
Judge in chambers may, if the
Judge thinks fit, require to be
satisfied that the request is
made in good faith and that the
document is required to be
produced as stated.
(4) The Judge in chambers giving the
direction may also, if the Judge
thinks fit, require that before
the document is sent, an office
copy should be made and filed in
the registry at the expense of
the party requiring the document
to be produced.
Rule 3—Sending of Document,
Certificate
(1) After the Registrar has received
the direction of the Judge in
chambers, the Registrar shall
send the document by hand
delivery or registered post to
the Court, or Judge as directed
in the request.
(2) The Registrar shall enclose an
envelope addressed to the
Registrar with the document to
be used by the Court or Judge to
return the document to the
Registrar.
(3) The Registrar shall also enclose a
certificate and a covering
letter to the Court or Judge.
(4) The certificate shall refer to the
order and contain a description
of the document stating at whose
request and for what purpose the
document is sent.
(5) The covering letter shall contain
a request that the document be
returned to the Registrar as
soon as practicable in the
enclosed self addressed envelope
when its use is no longer
required.
Rule 4—Safe Custody and Return of
Documents
It is the duty of the Court to which
the document is sent under this
Order to keep it in safe
custody, and to return it by
hand delivery or registered post
to the Registrar of the Court by
whom it is sent, as soon as the
receiving court no longer
requires it.
Rule 5—Records to be kept
(1) The Registrar of the court from
which documents are sent
pursuant to this Order shall
keep a record containing a
description of each document
sent, the date when it is sent,
the Court to which it is sent
and the date of its return.
(2) It is the duty of every Registrar
to see that each document is
duly returned within a
reasonable time and to make
enquiries and report to the
Judge in chambers as to any
document which is not so
returned, so that steps may be
taken to ensure its return.
Rule 6—Attendance of Registrar
Notwithstanding the preceding rules of
this Order, the Judge in
chambers may in any particular
case in which there is
sufficient reason for doing so,
require that the Registrar shall
attend the Court for the purpose
of producing the document.
ORDER 78—PAPER, PRINTING, NOTICES AND
COPIES
Rule 1—Quality and Size of Paper
Unless the nature of the document
renders it impracticable, every
document prepared by a party for
use in the Court shall be on
foolscap or quarto size paper.
Rule 2—Printing and Writing
(1) Except where these Rules otherwise
provide, every document prepared
by a party for use in the Court
shall be produced
(a) by printing;
(b) by writing, which shall be clear
and legible; or
(c) by typewriting
and may be produced partly by one of
those means and partly by
another or others.
(2) For the purposes of these Rules a
document is printed if it is
produced by type lithography or
stencil duplicating or computer
printing.
(3) Any document produced by a
photographic or similar process
giving a positive and permanent
representation free from
blemishes shall, to the extent
that it contains a facsimile of
any printed, written or
typewritten matter, be treated
for the purposes of these Rules
as if it were printed, written
or typewritten, as the case may
be.
Rule 3—Notices
(1) In any case where a notice is
required to be published, it may
be published by advertisement in
the Gazette unless otherwise
provided in any particular case
by any of these Rules or
otherwise ordered by the Court.
(2) A notice required by these Rules
may not be given orally except
with leave of the Court.
Rule 4—Copies of Documents for other
Party
(1) Where a document prepared by a
party for use in the Court is
printed, the party by whom it is
prepared shall on receiving a
written request from any other
party entitled to a copy of that
document and on payment of the
relevant charges, supply the
party with such number of copies
of it as may be specified in the
request.
(2) Where a document prepared by a
party for use in the Court is
written or typewritten, the
party by whom the document is
prepared shall supply any other
party entitled to a copy of the
document but who has not been
served with the document with
one copy of the document and,
where the document in question
is an affidavit, of any document
exhibited to it.
(3) The copy referred to in subrule
(2) shall be ready for delivery
within three days after a
written request for it, together
with an undertaking to pay the
proper charges, and shall be
supplied thereafter on payment
of those charges.
Rule 5—Requirement as to Copies
(1) Each copy of a document, whether
an office copy or a copy
supplied to a party under these
Rules, shall show on the
indorsement the number of pages
it contains.
(2) Before a copy of a document is
supplied to a party under these
Rules, it shall be indorsed with
the name and address of the
party or lawyer by whom it is
supplied.
(3) The party by whom a copy is
supplied under rule 4 or, if the
party sues or appears by a
lawyer, the party's lawyer,
shall be answerable for the copy
being a true copy of the
original or of an office copy,
as the case may be.
ORDER 79—SITTINGS, OFFICE HOURS AND
VACATIONS
Rule 1—Days and Hours of Sittings
(1) Subject to the Courts Act, 1993
(Act 459) as amended, the Chief
Justice may appoint any day
including vacations for the
hearing of causes or matters as
circumstances require.
(2) The sittings of the Court shall be
for such hours as the Chief
Justice shall direct.
Rule 2—Order of Business
Subject to special arrangements for
any particular day, the business
of the day shall be taken as
nearly as circumstances permit
in the following order
(a) at the commencement of the
sitting, judgments shall be
delivered in matters standing
over for the purpose;
(b) motions shall be taken in the
order in which they stand in the
motion list; and
(c) the causes or matters on the cause
list shall then be called on in
their order unless the Court
sees fit to vary the order.
Rule 3—Office Hours
(1) The offices of the Court shall,
subject to subrule (2), be open
to the public on every day of
the year for such hours as the
Chief Justice shall direct.
(2) Except as otherwise directed by
the Chief Justice, the offices
of the Court shall be closed on
Saturdays, Sundays and public
holidays.
Rule 4—Vacations
Subject to rule 1 (1) the following
periods shall be observed in the
High Court as vacations
(a) the period commencing on the
Tuesday immediately following
Easter Monday in each year and
ending on the Friday immediately
following;
(b) the period commencing on 1st
August in each year and ending
on 30th September in the year;
and
(c) the period commencing on 23rd
December in each year and ending
on 6th January in the next year.
ORDER 80—TIME
Rule 1—Reckoning periods of time
(1) Any period of time fixed by these
Rules or by any judgment, order
or direction for doing any act
shall be reckoned in accordance
with this rule.
(2) Where the act is required to be
done within a specified period
after or from a specified date,
the period begins to run
immediately after that date.
(3) Where the act is required to be
done within or not later than a
specified period before a
specified date, the period ends
immediately before that date.
(4) Where the act is required to be
done a specified number of clear
days before or after a specified
date, at least that number of
days shall intervene between the
day on which the act is done and
that date.
(5) Where, apart from this rule, the
period in question is a period
of seven days or less and would
include a Saturday, Sunday or a
public holiday, that day shall
be excluded.
Rule 2—Vacations not Generally to be
Reckoned in time for Service of
Pleadings
Unless the Court otherwise directs,
the times of the vacations in
any year shall be excluded in
reckoning any period prescribed
by any enactment, these Rules or
by any order or direction for
serving, filing or amending a
pleading.
Rule 3—Non-working days
Where the time prescribed by these
Rules or by any judgment, order
or direction, for doing any act
at an office of the Court
expires on a day on which that
office is closed, and for that
reason that act cannot be done
on that day, the act shall be in
time if done on the next day on
which that office is open.
Rule 4—Extension or Reduction of time
(1) The Court may, on such terms as it
thinks just, by order extend or
reduce the period within which a
person is required or authorised
by these Rules, or by any
judgment, order or direction, to
do any act in any cause or
matter.
(2) The Court may extend any such
period although the application
for extension is not made until
after the expiration of that
period.
(3) The period within which a person
is required by these Rules, or
by any order or direction, to
serve, file or amend a pleading
or other document may be
extended by consent (given in
writing) without any order of
the Court being made for that
purpose.
Rule 5—Definition of Month
Without prejudice to section 23 of the
Interpretation Act, 1960 (C.A.
4) in its application to these
Rules, the word "month", where
it occurs in any judgment,
order, direction or other
document that forms a part of
any cause or matter in the
Court, means a calendar month
unless the context otherwise
requires.
ORDER 81—EFFECT OF NON-COMPLIANCE WITH
RULES
Rule 1—Non-Compliance with Rules not
to Render Proceedings Void
(1) Where, in beginning or purporting
to begin any proceedings or at
any stage in the course of or in
connection with any proceedings,
there has, by reason of any
thing done or left undone, been
a failure to comply with the
requirements of these Rules,
whether in respect of time,
place, manner, form or content
or in any other respect, the
failure shall not be treated as
an irregularity and shall not
nullify the proceedings, any
step taken in the proceedings,
or any document, judgment or
order in it.
(2) The Court may, on the ground that
there has been such a failure as
stated in subrule (1), and on
such terms as to costs or
otherwise as it considers just
(a) set aside either wholly or in part
the proceedings in which the
failure occurred, any step taken
in those proceedings or any
document, judgment or order
therein; or
(b) exercise its powers under these
Rules to allow such amendments
to be made and to make such
order dealing with the
proceedings generally as it
considers just.
Rule 2—Setting aside for Irregularity
(1) An application may be made by
motion to set aside for
irregularity any proceedings,
any step taken in the
proceedings or any document,
judgment or order in it, and the
grounds of it shall be stated in
the notice of the application.
(2) No application to set aside any
proceeding for irregularity
shall be allowed unless it is
made within a reasonable time
and the party applying has not
taken any fresh step after
knowledge of the irregularity.
ORDER 82—SUPPLEMENTARY AND
MISCELLANEOUS PROVISIONS
Rule 1—Matters not Provided for
Where in respect of any matter of
procedure, no provision is made
by these Rules, the practice for
the time being in force in any
common law country may where
convenient be applied.
Rule 2—Forms
(1) The forms contained in the
Schedule to these Rules shall be
used with such modifications as
the circumstances of any
particular case require.
(2) Where no form is provided in the
Schedule to these Rules, the
Judicial Secretary with the
approval of the Chief Justice
may authorise the use of a
suitable form.
Rule 3—Interpretation
In these Rules unless the context
otherwise requires
"action" means a civil proceeding
commenced by writ or in such
other manner as may be
prescribed by these Rules or by
any other enactment;
"address" means address for service in
this country;
"airmail" includes international
courier service;
"Cause Book" means the book kept in
the Registry in which the number
and other details relating to
any proceedings are entered;
"Court" means the High Court or any
one or more Judges of it,
whether sitting in Court or in
chambers and the Circuit Court
when exercising jurisdiction in
civil proceedings;
"court below" means the Court or body
from which an appeal or other
cause or matter is brought;
"General Cause List" means a list of
all causes or matters, other
than causes or matters on the
Short Cause List, prepared by
the Registrar with the approval
of the Chief Justice;
"Ghana consul" means a Consular
officer of the Republic of Ghana
or anyone appointed to perform
the functions of such office;
"interlocutory decision" means a
decision which is not a final
decision in any cause or matter;
"Judge" includes Chairman of a
Regional Tribunal and a Circuit
Judge;
"Judgment" includes any order, ruling
or decree of the Court;
"lawyer" means a person whose name has
been entered in the Roll of
Lawyers to practise in Ghana and
does not include a lawyer for
the time being suspended from
practice;
"officer" means an officer of the
Court;
"out of the jurisdiction" means out of
the jurisdiction of the Court;
"pleading" means the formal
allegations by the parties to a
law suit of their respective
claims and defences with the
intended purpose of providing
notice of what is to be expected
at the trial;
"Registrar" includes the Judicial
Secretary and the Deputy
Judicial Secretary and the
Registrar of the Court;
"registry" means the registry of the
Court;
"Schedule" means the Schedule to these
Rules;
"Short Cause List" means a list of
causes or matters prepared by
the Registrar with the approval
of the Chief Justice where any
cause or matter on it is to be
tried by a Judge alone and the
time estimated for the trial
does not exceed three days;
"signature" includes a thumb-print and
a mark;
"term" means any period between
vacations when the High Court is
in session,
"writ" includes a writ of summons and
statement of claim or a petition
in a cause or matter.
Rule 4—Commencement of operation of
Rules
The operation of these Rules shall
take effect from
.........................................................
Rule 5—Application of L.I. 1515
On the date of the coming into
operation of these Rules, the
Probate and Administration Rules
1991 (L.I. 1515) shall cease to
apply to probate and
administration of estates causes
and matters in the High Court
and Circuit Court but shall
continue to apply in the
District Court.
Rule 6—Revocation
The coming into operation of these
Rules revokes the following
Instruments—
High Court (Civil Procedure) Rules,
1954 (L.N. 140A);
High Court (Civil Procedure)
(Amendment) Rules, 1958 (L.N.
93);
High Court (Civil Procedure)
(Amendment) (No.2) Rules, 1958
(L.I. 208);
High Court (Exchange Control)
(Amendment) Rules, 1961 (L.I.
131);
High Court (Civil Procedure)
(Amendment) Rules, 1963 (L.I.
241);
High Court (Civil Procedure)
(Amendment) Rules, 1963 (L.I.
248);
High Court (Civil Procedure) (Legal
Vacation) (Amendment) Rules,
1967 (L.I. 548);
High Court (Civil Procedure)
(Amendment) Rules, 1975 (L.I.
1001);
High Court (Civil Procedure
(Amendment) Rules, 1977 (L.I.
1107);
High Court (Civil Procedure)
(Amendment) (No.2) Rules, 1977
(L.I. 1129);
Fundamental Human Rights Enforcement
(Procedure) Rules, 1971 (C.I.
21);
High Court (Civil Procedure)
(Amendment) Rules, 1981 (C.I.
18).
SCHEDULE
FORM 1
WRIT OF SUMMONS
(Order 2 rule 3(1))
DATE
SUIT
No.
IN THE HIGH/CIRCUIT COURT OF JUSTICE
BETWEEN
*Name
of
plaintiff
Plaintiff
AND
**Name of
defendant
Defendant
TO
AN ACTION having been commenced
against you by the issue of this
writ by the above-named
plaintiff.
YOU ARE HEREBY COMMANDED that within
EIGHT DAYS after service of this
writ on you inclusive of the day
of service you do cause an
appearance to be entered for
you.
AND TAKE NOTICE that in default of
your so doing, judgment may be
given in your absence without
further notice to you.
Dated this day
of
(month) (year)
Chief Justice of Ghana
*State name, place of residence or
business address of plaintiff if
known (not P.O. Box number).
**State name, place of residence or
business address of defendant
(not P.O. Box number).
NB: This writ is to be served within
twelve calendar months from the
date of issue unless, it is
renewed within six calendar
months from the date of that
renewal.
The defendant may appear hereto by
filing a notice of appearance
either personally or by a lawyer
in Form 5 at the Registry of the
Court of issue of the writ
at A defendant appearing
personally may, if he desire
give notice of appearance by
post.
STATEMENT OF CLAIM
The Plaintiff’s claim is for:
This writ was issued by
whose address for service is
Agent for
Address Number and date of lawyer’s
current licence.
Lawyer for the
plaintiff
who resides at
.......................................................................................................................................
Indorsement to be made within 3 days
after service
This writ was served by me at
on the defendant
on the
day of
endorsed the
day
of
Signed………………………
Address…………………….
NOTE: If the plaintiff’s claim is for
a liquidated demand only,
further proceedings will be
stayed if within the time
limited for appearance the
defendant pays the amount
claimed to the plaintiff, his
lawyer or his agent or into
court as provided for in Order 2
rule 3(2).
FORM 2
NOTICE TO PARTNER OR MANAGER WHEN
SERVED WITH WRIT
(Order 6 rule 2 (4))
[Title as in action]
TAKE NOTICE that the writ served
herewith is served on you as a
partner in the above-named
defendant firm of
[or as the person having the control
or management of the partnership
business or the above-named
defendant firm or if the manager
is also a partner add: and also
as partner in the said firm.]
Dated at
the
day of
Signed
Lawyer for the plaintiff
The Registrar
High/Circuit Court
And to:
FORM 3
NOTICE OF WRIT OF SUMMONS TO BE SERVED
OUT OF THE JURISDICTION
(Order 8 rule 1 (2))
[Title as in action]
TO
TAKE NOTICE
that
of
has begun an action
against you, in
the
Court of justice in Ghana by a
writ of summons dated
the day
of
which
writ is indorsed as follows:
[copy the endorsement]
and you are required within
days after receipt of this
notice, inclusive of the day of
receipt, to cause an appearance
to be entered for you in
the Court
to the said action, and in
default of your so doing the
Court may proceed therein and
judgment may be given in your
absence.
You may enter an appearance in person
or by a lawyer either by handing
in appropriate forms, duly
completed, at the registry of
the Court or by sending them to
that office by post.
If you enter an appearance, then,
unless a summons for judgment is
served on you on the meantime,
you must also serve a defence on
the lawyer for the plaintiff
within 14 days after the last
day of the time limited for
entering an appearance,
otherwise judgment may be
entered against you without
notice.
Dated at
the day of
Signature of party or his lawyer
NOTE: The directions in the above
"copy the indorsement" should be
carefully and fully followed
including the heading
"indorsement". Failure to comply
with this direction may render
the notice irregular.
FORM 4
REQUEST FOR SERVICE ABROAD
(Order 8 rule 7 (1) (a))
[Title as in action]
I hereby request that a notice of the
Writ of Summons or [as the
document may be described] in
this action be sent through the
proper channel to [name of
country] for service
on
[name of party]
at or elsewhere
in [name of
city/town] and that it may be
served through
[here insert the method of service
provided by Order 8 or 6, which
is desired, i.e. through the
foreign government, or the
foreign judicial authority or
the Ghana consular authority if
two methods are available,
service by both methods may be
inserted as alternatives].
I hereby undertake to be responsible
personally for all expenses
incurred by the Minister for
Foreign Affairs in respect of
the service requested and on
receiving due notification of
the amount of those expenses, to
pay that amount to the Registrar
of the Court
or to the proper officer of
the
Court for transmission to the
Minister for Foreign Affairs.
Dated at
the
day of
Signature of party or his lawyer
The Registrar
High/Circuit Court
FORM 5
NOTICE OF APPEARANCE
(Order 9 rule 3(1))
DATE
SUIT No.
IN THE HIGH/CIRCUIT COURT OF JUSTICE
BETWEEN
Plaintiff
AND
Defendant
TAKE NOTICE that the defendant hereby
enters appearance to the
plaintiff’s writ and that his
address for service is as
follows:
Dated at
this
day of
Signature of Defendant
The Registrar
High/Circuit Court
And to: The plaintiff or his lawyer
(Address)
*[State place of residence or business
of defendant in Ghana or where
defendant has no place of
residence in Ghana address of
place in Ghana to which
documents for him may be
delivered or sent by hand]
FORM 5A
NOTICE OF APPEARANCE
(Order 9 rule 3(1))
DATE
SUIT No.
IN THE HIGH/CIRCUIT COURT OF JUSTICE
BETWEEN
Plaintiff
AND
Defendant
*TAKE NOTICE that the defendant hereby
enters appearance by his lawyer
whose address for service is as
follows:
Number and date of lawyer’s current
licence:
Date at
this
day of
Signature of lawyer
The Registrar
High/Circuit Court
And to: The plaintiff or his lawyer
(Address)
[State business address of lawyer.]
Certificate
I
Registrar of
the
Court
certify that appearance to the
plaintiff’s writ was entered on
behalf of the defendant on
this
day
of
Signature
Registrar
High/Circuit Court
FORM 6
THIRD PARTY NOTICE CLAIMING
CONTRIBUTION OR INDEMNITY OR
OTHER RELIEF OR REMEDY
(Order 15 rule 2(2))
[Title as in action]
THIRD PARTY NOTICE
Issued pursuant to the order of
dated the day of
TO
of in
the of
TAKE NOTICE that this action has been
brought by the plaintiff against
the defendant.
In it the plaintiff claims against the
defendant
[here state the nature of the
plaintiff’s claim as appears
from the writ of summons] [or
originating summons] a copy of
which is served herewith
[together with a copy of the
statement of claim].
The defendant claims against you:
[here state the nature of the claim
against the third party]
on the grounds
that
[state the grounds of the
claim].
AND TAKE NOTICE that if you wish to
dispute the plaintiff's claim
against the defendant or the
defendant's claim against you,
an appearance must be entered on
your behalf within 8 days [or if
the notice is to be served out
of the jurisdiction insert here
the time for appearance fixed by
the order giving leave to issue
the notice and serve it out of
the jurisdiction] after the
service of this notice on you,
inclusive of the day of service
otherwise you will be deemed to
accept the plaintiff's claim
against the defendant and the
defendant's claim against you
your liability to indemnify the
defendant or to contribute to
the extent claimed
[state the relief or remedy sought]
and you will be bound by any
judgment or decision given in
the action and the judgment may
be enforced against you in
accordance with Order 15 of the
High Court (Civil Procedure)
Rules, 2003.
Dated at
the day
of
Signed
Defendant or his lawyer
The Registrar
High/Circuit Court
And to:
FORM 7
NOTICE OF PAYMENT INTO COURT
(Order 18 rule 1(3))
[Title as in action]
TAKE NOTICE that the
defendant
has paid the sum of
¢
into court.
The said ¢ is
in satisfaction
of
[state cause of action] in
respect of which the plaintiff
claims.
OR
The said ¢
is in
satisfaction of the following
causes of action in respect of
which the plaintiff claims,
namely
OR
The said
¢
is enough to satisfy the
plaintiff’s claim
[for and the other
part of the sum is enough to
satisfy the plaintiff's claim
for ]
Dated at
the day
of
Signed
Defendant or his lawyer
The Registrar
High/Circuit Court
And to:
FORM 8
NOTICE OF ACCEPTANCE OF MONEY PAID
INTO COURT
(order 18 rule 3 (1))
[Title as in action]
TAKE NOTICE
that
accepts the sum of ¢
paid in by
in
satisfaction of the cause(s) of
action in respect of which it
was paid in respect of which the
[plaintiff claims against the
defendant or the defendant
claims against plaintiff] and
abandons the other cause(s) of
action in respect of which he
claims in this action.
Dated at
the
day of
Signed
Party or his lawyer
The Registrar
High/Circuit Court
And to:
FORM 9
NOTICE OF PAYMENT INTO COURT BY
PLAINTIFF IN SATISFACTION OF
COUNTERCLAIM
(Order 18 rule 6 (2))
[Title as in action]
TAKE NOTICE that the plaintiff has
paid the sum of
¢
into court.
The said
¢
is in satisfaction
of
[state cause of action] in
respect of which the defendant
counterclaims.
OR
The said
¢
is in satisfaction of the
following causes of action in
respect of which the defendant
counterclaims, namely
OR
of the said ¢
¢
is in satisfaction of the
defendant’s cause(s) of action
for ¢
and is in satisfaction of the
defendant’s cause(s) of action
for
Dated at
the day
of
Signed
Plaintiff or his lawyer
The Registrar
High/Circuit Court
And to:
FORM 10
GENERAL FORM OF INTERROGATORIES
(Order 22 rule 1 (2))
[Title as in action]
INTERROGATORIES
On behalf of the above-named
[plaintiff] or [defendant] for
the examination of the
above-named [defendant] or
[plaintiff] pursuant to the
order herein dated the day
of
1. Did you? [Here set out the
interrogatories in the form of
concise questions, each
interrogatory to be set out in a
separate paragraph and numbered
consecutively.]
2. Did you not?
3. (a) Were you?
3. (b) If not, were you not?
[The defendant is
required to answer the
interrogatories numbered ]
[ a director or as the case
may be of the defendant is
required to answer the
interrogatories numbered].
Dated at
the day of
Signed
Party
or his lawyer
The Registrar
High/Circuit Court
And to the above-named [defendants]
[plaintiffs] or their lawyer.
FORM 11
GENERAL FORM OF ANSWER TO
INTERROGATORIES
(Order 22 rule 1(2))
[Title as in action]
THE ANSWER of the [defendant] or
[plaintiff] to the
interrogatories for [its] or
[his/her] examination by the
above-named [plaintiff] or
[defendant] pursuant to the
order herein dated the day of
In answer to the said interrogatories,
[I, of
[state residence] and
of
[state residence], severally or
I, the
above-named
plaintiff of [state
residence] make oath and say as
follows:
1. To the 1st interrogatory,
namely
[state in full the
interrogatory] that
[state the answer]
2. To the 2nd interrogatory,
namely
[state in full the
interrogatory] that [state
the answer]
3. To the 3rd interrogatory,
namely
[state in full the
interrogatory] that I object to
answer it on the ground
that
[state the ground of objection]
Sworn at on
the
day of
Before me
FORM 12
REQUEST TO ADMIT FACTS
(Order 23 rule 2 (1))
[Title as in action]
TAKE NOTICE that the plaintiff [or
defendant] in this action
requires the [defendant] or
[plaintiff] to admit for the
purposes of this action only,
the several facts respectively
hereunder specified; and the
[defendant] or [plaintiff] is
hereby required within 14 days
from the service of this
request, to admit the said
several facts, saving in this
action all just exceptions to
the admissibility of such facts
as evidence in this action.
The facts the admission of which is
required, are:
1. That John Sam died
on
(date)
2. That he died testate.
3. That James Sam was his only lawful
son.
4. That Julius Sam died
on
(date)
5. That Julius Sam was never married.
Dated at
the day of
Signed
Party or
his lawyer
The Registrar
High/Circuit Court
And to the above-named party or his
lawyer.
FORM 13
RESPONSE TO REQUEST TO ADMIT FACTS
(Order 23 rule 3(1))
[Title as in action]
The defendant [or plaintiff] in this
action, for the purposes of this
action only, hereby admits the
several facts respectively
hereunder specified, subject to
the qualifications or
limitations if any, hereunder
specified, saving all just
exceptions to the admissibility
of such facts, or any of them,
as evidence in this action.
Facts admitted Qualifications
or Limitations if any, subject
to which they are admitted
1. That John Sam died on 1.
2. That he died testate
2.
3. That James Sam was his lawful
son 3. But not that he was
his only lawful son
4. That Julius Sam died
on 4. But not that
he died on
5. That Julius Sam was never
married 5.
Provided that this admission is made
for the purposes of this action
only, and is not an admission to
be used against the defendant
[or plaintiff] on any other
occasion, or by any one other
than the plaintiff [or defendant
or party requiring the
admission]
Dated at
the day of
Signed
Party or his lawyer
The Registrar
High/Circuit Court
And to the above-named party or his
lawyer.
FORM 14
WRIT OF SUBPOENA (AD
TESTIFICANDUM/DUCES TECUM)
(Order 38 rule 10 (1))
[Title as in action]
To [name of witnesses]
YOU ARE COMMANDED to attend at
the Court of
Justice, presided over
by sitting
at Court or
at [name of town and address of
Court] on the day of
fixed for the trial of the
above-named cause, notice of
which is hereby given to you,
and from day-to-day thereafter
until the end of the trial, to
give evidence on behalf of
Witness
day of
Issued on the
day
of
Signed
Party or his lawyer
If duces tecum add: And we also
command you to bring with you
and produce at the place
aforesaid on the day notified to
you [here describe the documents
or things to be produced].
TAKE NOTICE that this writ is issued
by the order of the
Court of Justice Ghana dated
at
the day of
FORM 15
REQUEST FOR WRIT OF SUBPOENA
(Order 38 rule 10(3))
[Title as in action]
Seal writ of subpoena ad
testificandum/duces tecum on
behalf of the plaintiff [or
defendant], directed
to
[state name and address for
service of the witness].
Returnable
Dated at
the day
of
Signed)
(Address)
Party or his lawyer
FORM 16
LETTER OF REQUEST FOR EXAMINATION OF
WITNESS ABROAD
(Order 39 rule 3(2))
[Title as in action]
To the Competent Judicial Authority
of in
the
of
WHEREAS an action is now pending
in the
Court of Justice in Ghana, in
which is plaintiff
and
is defendant and in which the
plaintiff claims
AND WHEREAS it has been represented to
the Court that it is necessary
for the purposes of justice and
for the due determination of the
matters in dispute between the
parties that the following
persons should be examined as
witnesses upon oath touching
such matters, namely
of
and of and it
appears that such witnesses are
resident within your
jurisdiction.
NOW I Registrar
of
the
Court of Justice in Ghana
hereby request that for the
reasons stated and for the
assistance of the said Court you
will be pleased to summon the
said witnesses and such other
witnesses as the agents of the
said plaintiff and defendant
shall humbly request you in
writing so to summon to attend
at such time and place as you
shall appoint before you, or
such other person as according
to your procedure is competent
to take the examination of
witnesses, and that you will
cause such witnesses to be
examined viva voce or upon the
interrogatories which accompany
this letter of request touching
the said matters in question in
the presence of the agents of
the plaintiff and defendant or
such of them as shall, on due
notice given, attend the
examination.
AND I further request that you will
permit the agents of both the
plaintiff and defendant or such
of them as shall be present to
examine upon interrogatories and
viva voce upon the
subject-matter thereof or
arising out of the answers
thereto such witnesses as may,
after due notice in writing, be
produced on their behalf, and
the other party to cross-examine
the said witnesses upon
cross-interrogatories and viva
voce and the party producing the
witness for examination to
re-examine him viva voce.
AND I further request that you will be
pleased to cause the evidence of
the said witnesses or the
answers of the said witnesses
and all additional viva voce
questions, whether on
examination, cross-examination
or re-examination to be reduced
into writing and all books,
letters, papers and documents
produced on such examination to
be duly marked for
identification, and that you
will be further pleased to
authenticate such examination by
the seal of your tribunal or in
such other way as is in
accordance with your procedure
and to return it together with
the interrogatories and
cross-interrogatories and a note
of the charges and expenses
payable in respect of the
execution of this request
through the Ghana Consul from
whom the same was
received for transmission to
the
Court.
AND I further request that you will
cause me, or the agents of the
parties if appointed, to be
informed of the date and place
where the examination is to take
place.
Dated
at
the
day of
Signed
Registrar
FORM 16A
INTERROGATORIES TO ACCOMPANY LETTER OF
REQUEST
(Order 39 rule 3(2))
[Title as in action]
1 2
The following are the interrogatories
referred to in the letter of
request, issued herein to and
dated the day of
*[Set out in column a
translation of the contents of
column 1 translated into the
language of the country to which
the letter of request is
directed.]
(A) Interrogatories to be put to the
witness M.N. of
named in the said letter of
request, viz:
1. Here set out the
2. interrogatories
3. etc.
(B) Interrogatories
to be put to the witness O.P.
[etc., as above].
FORM 16B
LAWYER'S UNDERTAKING AS TO EXPENSES
(Order 39 rule 3(1) (e))
[Title as in action]
I, [or
We]
hereby undertake to be
responsible for all expenses
incurred by the Minister for
Foreign Affairs in respect of
the letter of request and on
receiving due notification of
the amount of the expenses,
undertake to pay the same as
directed by the Registrar of the
Court.
The following have been appointed as
agents for the parties in
connection with the execution of
the above Letter of Request.
Plaintiff's agent:
of
Defendant's
agent:
of
Date at
the
day of
(Signed)
Lawyer for
CIVIL FORM 17
JUDGMENT FOR PLAINTIFF FOR DEBT OR
DAMAGES AND COSTS AFTER TRIAL
(Order 41 rule 3(1))
[Title as in action]
Dated and entered the day of
This action having been tried before
the Honourable Mr.
Justice at
the High Court of Justice [or as
may be] and the said Mr.
Justice having
on the day of
, ordered that judgment as
hereinafter provided be entered
for the plaintiff [and directed
that execution be stayed for the
period and on the terms
hereinafter provided].
It is adjudged that the defendant do
pay the plaintiff
¢ and his
costs of the action assessed at
¢
[or to be taxed]
It is further adjudged that execution
be stayed for
according
to the Judge's direction.
The above costs have been taxed and
allowed at ¢ as
appears by a Taxing Officer's
Certificate dated
the day of
(Signed)
Lawyer for the plaintiff
OR
FORM 17A
JUDGMENT FOR PLAINTIFF ON CLAIM AND
COUNTERCLAIM
(Order 41 rule 3 (1))
[Title as in action]
Dated and entered
the
day of
The action having been tried before
the Honourable Mr.
Justice at
the High Court of
Justice [or as may be] and the
said Mr.
Justice
having on the day
of
,ordered that
judgment as hereinafter provided
be entered for the plaintiff.
It is adjudged that the defendant do
pay the plaintiff
¢ on the claim
and that the counterclaim be
dismissed and that the defendant
do pay the plaintiff his costs
of the claim and counterclaim
assessed at
¢ [or to
be taxed].
The above costs have been taxed and
allowed at
¢ as
appears by a Taxing Officer's
Certificate dated
the day of
(Signed)
Lawyer for the plaintiff
FORM 17B
JUDGMENT FOR PLAINTIFF ON CLAIM AND
FOR DEFENDANT ON COUNTERCLAIM
(Order 41 rule 3(1))
[Title as in action]
Dated and entered the day
of
[date of judgment]
This action having been tried before
the Honourable
at the
Court
and the said
having on the day
of
,ordered that
judgment as hereinafter provided
be entered for the plaintiff on
the claim and the defendant on
the counterclaim and directed
that the one judgment and costs
be set off against the other and
that execution do issue for the
balance only.
It is adjudged that the plaintiff
recovers against the defendant
¢ and his costs of
the claim assessed at
¢
[or to be taxed] and that the
defendant recovers against the
plaintiff ¢
and
his costs of the counterclaim
assessed at
¢ [or to be
taxed] and that the one judgment
and costs be set off against the
other and that execution do
issue for the balance only.
The above costs on claim and
counterclaim have been taxed and
allowed at ¢ and
¢ respectively as appears
by the Taxing Officer's
Certificate dated
(Signed)
Lawyer
for the plaintiff
The Registrar
High/Circuit Court
And to:
FORM 17C
JUDGMENT FOR PLAINTIFF IN ACTION FOR
DETENTION OF GOODS
(Order 41 rule 3(1))
[Title as in action]
Dated and entered the
day of
[date of judgment]
This action having been tried before
the Honourable at
the
Court and the said
having on the day
of ,
ordered that judgment as
hereinafter provided be entered
for the plaintiff.
It is adjudged that the defendant do
deliver to the plaintiff the
goods described in the writ of
summons [or statement of claim]
as [description of goods] [or
pay the plaintiff ¢
the assessed value of the said
goods] [and that the defendant
do also pay the plaintiff
¢ the assessed
damages for the detention of the
said goods] and his costs of the
action assessed at
¢ [or to be
taxed].
The above costs have been taxed and
allowed at ¢ as
appears by a Taxing Officer's
Certificate dated
the day of
Signed
Lawyer
for his plaintiff
The Registrar
High/Circuit Court
And to:
FORM 17D
JUDGMENT FOR INFANT
PLAINTIFF—INVESTMENT BY
REGISTRAR
(Order 41 rule 3(1))
[Title as in action]
Dated and entered the
day
of
[date of judgment]
This action having been tried before
the
Honourable
at the Court and the
said
having on
the day
of ,
ordered that judgment as
hereinafter provided be entered
for the plaintiff and directed
that the money therein mentioned
be dealt with as hereinafter
provided.
It is adjudged that the plaintiff
recovers against the defendant ¢
and his costs
of the action assessed at
¢ [or
to be taxed].
It is further adjudged that the said
sum of ¢ be paid by
the defendant or the proceeds of
any execution be dealt with as
follows:
(1) That ¢ be paid
to
the next friend of in infant
plaintiff.
(2) That ¢ be paid
into court to be invested,
applied, or otherwise dealt with
for the benefit of the infant
plaintiff in such manner as a
Judge of the High Court shall
think fit.
(3) That application for the
directions be made to a Judge by
the plaintiff's lawyer within
seven days of the payment into
court.
The above costs have been taxed and
allowed at ¢
as appears by a
Taxing Officer's Certificate
dated the day of
(Signed)
Lawyer
for the plaintiff
The Registrar
High/Circuit Court
And to:
FORM 17E
JUDGMENT FOR THE DEFENDANT ON CLAIM
(Order 41 rule 3(1))
[Title as in action]
Dated and entered the day
of
[date of judgment]
This action having been tried before
the Honourable
at the Court
and the
said
having on the day
of
,
, ordered that judgment
as hereinafter provided be
entered for the defendant.
It is adjudged that the plaintiff do
pay the defendant his costs of
defence assessed at ¢
[or to be taxed].
The above costs have been taxed and
allowed at ¢
as appears
by a Taxing Officer's
Certificate dated
the day of
(Signed)
Lawyer
for the defendant
The Registrar
High/Circuit Court
And to:
FORM 17F
JUDGMENT FOR DEFENDANT ON CLAIM AND
COUNTERCLAIM
(Order 41 rule 3(1))
[Title as in action]
Dated and entered the day
of
[date of judgment]
This action having been tried before
the Honourable
at the Court, and
the said having
on the day
of ,ordered that
judgment as hereinafter provided
be entered for the defendant on
the claim and counterclaim.
It is adjudged that judgment be for
the defendant on the claim and
counterclaim and that the
plaintiff do pay the defendant
¢ on the
counterclaim and his costs of
the claim and counterclaim
assessed at ¢
[or to be taxed].
The above costs have been taxed and
allowed at ¢
as appears by a Taxing Officer's
Certificate dated the
day of
(Signed)
Lawyer for the defendant.
The Registrar
High/Circuit Court
And to:
FORM 18
REQUEST FOR WRIT OF FI.FA.
(Order 43 rule 13)
Date
SUIT No.
IN THE HIGH/CIRCUIT COURT OF JUSTICE
BETWEEN
Plaintiff
AND
Defendant
Seal a writ of fieri facias directed
to the Registrar of
[insert the town or city of the
Registrar to which the writ is
directed]
against
of ,upon a judgment
[or order] dated
the day
of ,
for the sum of ¢ debt and
¢ costs, and
interest, etc.
Indorsed to levy
¢
and interest thereon
at per
centum per annum from
the day
of
, and costs of execution.
Dated at
the
day of
Signed
Lawyer for the party
The Registrar
High/Circuit Court
And to:
FORM 18A
WRIT OF FIERI FACIAS
(Order 43 rule 13)
WRIT ISSUED FROM
This Writ must be so moulded as to
follow the substance of the
order or judgment.
IN THE HIGH/CIRCUIT COURT OF JUSTICE
BETWEEN
Plaintiff
AND
Defendant
(1) Date of the Judgment or order, or
day from which money directed to
be paid or day from which
interest is directed by the
order to run, or as the case may
be.
To the Registrar of
YOU ARE HEREBY COMMANDED that of the
movable and/or immovable
property of
in your
area you cause to be made the
sum of
and interest thereon at the rate
of per
centum per annum from the (1)
day
of
, which
(2) Action or matter entitled "In the
matter of etc." or as the case
may be.
said sum of money and interest were
before this court in a certain
(2)
wherein
(3) "Judgement or Order".
plaintiff
and
defendant
by a (3)
of the said court, dated
day of
was(4)
(4) "Adjudged awarded or ordered
to be paid by the
to
(5) Amount of costs.
together with certain costs in the
said (3)
mentioned and which costs have
been assessed at
or taxed and allowed by the Taxing
Officer of the said Court at the
sum of
(6) Day of judgment or order, or day
from which money directed to be
paid or day from which interest
is directed by the order to run,
or as the case may be.
as appears by the certificate of the
said Taxing Officer, dated the
And that of the movable property of
the said
in your area you further cause
to
be made the said sum of
(5)
together with interest thereon
at the rate of per centum
per annum from the (6) day or
which day of and that
you have that money and interest
before the said Court
immediately after the execution
to be paid to the said
in pursuance of the said
(3)
and in what manner
you shall have executed this
Writ make appear to this Court
immediately after the execution
and have there indorsed on this
writ accordingly.
LEVY¢ and
¢ for costs
of execution, etc. and also
interest on ¢ at ¢
per centum per
annum, from the day
of until
payment
[Registrar's poundage, Officer's fees,
costs of levying, and all other
legal incidental expenses
inclusive].
THIS WRIT was issued by
address
agent for
for
Lawyer for
the
who resident at
The defendant is a
and resides at
in your area
FORM 18B
REQUEST FOR WRIT OF FI.FA. WITH
CERTIFICATE UNDER THE EXCHANGE
CONTROL ACT, 1961
(Order 43 rule 13)
[Title as in action]
Seal a writ fieri facias directed to
the Registrar
against
, of , in
the town/city
of
, upon a judgment
[or order] dated the day
of , in
the sum of ¢
debt and
¢
costs and interest, etc.
Indorsed to levy
¢
and interest thereon at per
centum per annum from the
day
of ,
and costs of execution.
I certify that the Bank of Ghana's
permission under the provisions
of the Exchange Control Act, for
the payment
to
[judgment creditor or other
description] of the proceeds of
execution has been given
unconditionally or [upon
conditions which have been
complied with.]
Signed
Lawyer for [the party on whose behalf
the writ is to issue].
Address
Dated at
the day
of
Note: This is a practice form for use
where the party suing out the
writ of fi.fa. is resident out
of the jurisdiction but
permission of the Bank of Ghana
under the Exchange Control Act,
has been obtained.
The Registrar
High/Circuit Court
And to:
FORM 18C
REQUEST FOR WRIT OF POSSESSION
(Order 43 rule 13)
[Title as in action]
Seal a writ of possession directed to
the Registrar
of to give
possession to of
[state premises in the judgment
or order].
Judgment dated the
day of
Signed
Lawyer for party
The Registrar
High/Circuit Court
And to:
FORM 18D
WRIT OF POSSESSION
(Order 43 rule 13)
[Title as in action]
To the Registrar
of
, greetings:
WHEREAS in the above-named action it
was on the day
of adjudged [or
ordered]
that
[insert name of party
requesting] do
give [insert
name of party against whom writ
is issued] possession
of [describe the
land delivery of which has been
adjudged or ordered] within your
jurisdiction:
YOU ARE COMMANDED to enter the said
land and cause
to have possession of it.
And you are also commanded to indorse
on this writ immediately after
execution thereof a statement of
the manner in which you have
executed it and send a copy of
the statement to [insert
name of party requesting writ].
The Registrar
High/Circuit Court
And to:
FORM 18E
REQUEST FOR WRIT OF POSSESSION AND
FI.FA. COMBINED
(Order 43 rule 13)
[Title as in action]
Seal a writ of possession and fieri
facias combined directed to the
Registrar of
against
of ,
within the jurisdiction of this
Court, upon a judgment [or
order] dated the day
of , for
possession of
[state premises in the
judgment or order] and for the
sum of ¢ debt and
¢ costs and
interest, etc.
To give possession
to of the
said premises and indorsed to
levy ¢ and interest
thereon at
per cent per annum
from the
[date] and costs of execution.
Signed
Lawyer
for
Registrar
High/Circuit Court
And to:
FORM 18F
REQUEST FOR WRIT OF DELIVERY
(Order 43 rule 13)
In the High/Circuit Court of Justice
Date
Suit No.
Between
plaintiff
and
defendant
SEAL a writ of delivery directed to
the Registrar
of to
make delivery
to
[the above-named party] of the
goods specified in the judgment
[or order] dated the
day of .
Signed
Party or his lawyer
Registrar
High/Circuit Court
FORM 18G
REQUEST FOR WRIT OF DELIVERY AND
FI.FA. COMBINED
(Order 43 rule 13)
[Title as in action]
SEAL a writ of delivery directed to
the Registrar of to make
delivery
to of
the goods specified in the
judgment [or order]
dated day
of
And also to levy against
of within the
jurisdiction of this Court the
sum of ¢ and ¢
costs [or as may be] and
interest at the rate
of per
cent per annum on the said
amount from the day of
Dated at the
day
of .
Signed
Party or his lawyer
The Registrar
High/Circuit Court
OR
FORM 18H
WRIT OF SPECIFIC DELIVERY OF GOODS AND
COSTS ONLY
(Order 43 rule 13)
[Title as in action]
To the Registrar
of
, greetings:
Whereas in the above-named action it
was on the day
of , adjudged
[or ordered] that the
defendant
do deliver to the
plaintiff the
following goods,
namely
[describe the goods delivery of
which has been adjudged or
ordered] and do pay the
plaintiff
¢ costs
[or costs to be taxed, which
costs have been taxed and
allowed at
¢ ] as
appears by the certificate of
the taxing officer dated the
day of
YOU ARE COMMANDED that you cause the
said goods to delivered
to and
that of the goods, chattels and
other property
of
[within your jurisdiction]
authorised by law to be seized
in execution and also
interest
, together with
sheriff's poundage, officers
fees, costs of levying and all
other legal, incidental expenses
and that immediately after
execution of this writ you
pay
in pursuance of the said
judgment [or order] the amount
levied in respect of the said
sum and interest.
YOU ARE FURTHER COMMANDED TO indorse
on this writ immediately after
execution thereof a statement of
the manner in which you have
executed it and sent a copy of
the statement to
Witness ,
High/Circuit Court of Justice,
the day
of
This writ was issued
by agent
for
or lawyer
for the [or this
writ was issued by
the [plaintiff in person] who
resides at
The defendant resides at
OR
FORM 18 I
WRIT OF DELIVERY AND FI.FA.
COMBINED—SPECIFIC DELIVERY OF
GOODS, DAMAGES AND COSTS
(Order 43 rule 13)
[Title as in action]
WHEREAS in the above-named action it
was on the day
of adjudged [or
ordered] that the
defendant do
deliver to the
plaintiff the following
goods, namely
[describe the goods delivery of
which has been adjudged ordered]
and do pay the plaintiff
¢ damages and
¢ costs
[or costs to be taxed which
costs have been taxed and
allowed at ¢ as
appears by the certificate of
the taxing officer dated
the day
of
.
YOU ARE COMMANDED that you cause the
said goods to be delivered
to and that of the
goods, chattels and other
property of
within your jurisdiction
authorised by law to be seized
in execution and also interest
on ¢ at the rate
of per cent per annum
from the day
of
until payment together with
Registrar's poundage, officers'
fees, costs of levying and all
other legal, incidental expenses
and that immediately after
execution of this writ you pay
A.B. in pursuance of the said
judgment [or order] the amount
levied in respect of the sums
and interest.
YOU ARE ALSO COMMANDED TO indorse on
this writ immediately after
execution thereof a statement of
the manner in which you have
executed it and send a copy of
the statement to the Court and
the judgment creditor.
Witness His Lordship,
the Chief Justice of
Ghana, the
day of
THIS WRIT was issued by
of
[agent for or] lawyer
for the [or this writ was
issued by the plaintiff] in
person who resides at
The defendant resides at
FORM 18 J
WRIT OF DELIVERY AND FI.FA. COMBINED
DELIVERY OF GOODS OR ASSESSED
VALUE AND DAMAGES AND COSTS
(Order 43 rule 13)
[Title as in action]
To the Registrar
of
, greetings
WHEREAS in the above-named action it
was on the day of
adjudged [or ordered] that the
defendant
do
deliver to the
plaintiff the
following goods,
namely
[described the goods delivery of
which has been adjudged or
ordered] or do pay him
¢ being the assessed
value of the said goods,
[and do pay the plaintiff
¢ damages]
and ¢ costs
[or costs to be taxed, which
costs have been taxed and
allowed at
¢ as appears
by the certificate of the taxing
officer dated the
day
of
]
YOU ARE COMMANDED that you cause the
said goods to be delivered
to and that if
possession of the said goods
cannot be obtained by you cause
to be made of the goods,
chattels and other property
of within
your jurisdiction authorised by
law to be seized in execution of
¢
the assessed value of the said
goods and pay it to
AND YOU ARE ALSO COMMANDED that of the
said property of
within your jurisdiction you
cause to be made the sums of
¢ for
[damages and] costs and ¢
for costs of execution and also
interest on ¢
at the rate of
per cent, per annum from
the day
of,
until payment together with
Registrar's poundage, officers'
fees, costs of levying and all
other legal, incidental expenses
and that immediately after
execution of this writ you
pay
in
pursuance of the said judgment
[or order] the amount levied in
respect of the said sums and
interest.
AND WE ALSO COMMAND you that you
indorse [conclude as in Form 18
I].
FORM 18K
WRIT OF ASSISTANCE
(Order 43 rule 13)
[Title as in action]
To the Registrar
of
greetings:
WHEREAS by an order dated
the day
of
, made in an action in
the
Division of
the Court
between
plaintiff, and ,
defendant, the
said was
ordered to give to the said
possession of the land [or
goods] therein described, namely
[describe
the land or goods], but he the
said
and other persons have refused
to obey the order and keep the
possession of the land [or
goods] in contempt of us and our
said Court:
AND WHEREAS by an order made in the
said action dated
the day
of , it was
ordered that a writ of
assistance should issue to give
the said
possession of the said land [or
goods]:
YOU ARE COMMANDED that you [enter the
said land and eject the
said , his
tenants, servants, and
accomplices, each and every one
of them, from the said land and
every part thereof and put the
said
and his assigns into full,
peaceable and quiet possession
thereof] [or put the said
and his assigns into
full, peaceable and quiet
possession of the said goods]
and defend and keep him and his
assigns in such peaceable and
quiet possession, when and as
often as any interruption
thereof is at any time effected,
according to the intent of the
said orders. And herein you are
not in any wise to fail.
Witness
, High/Circuit Court of Justice,
the day
of
This writ [conclude as in Form 18J].
FORM 19
ORDER REFERRING PENDING ACTION TO
ARBITRATION (SHORT FORM)
(Order 64 rule 3(2))
[Title as in action]
Upon hearing
, and by consent
It is ordered that all matters in
difference in this action be [or
as may be] referred, [if to a
single arbitrator, say] to the
award
of
[or if to two arbitrators, they
appointing a third, say] to the
award
of
of
and of
,arbitrators, nominated by the
said plaintiff and defendant,
and of such third person as the
said and
shall by a memorandum under
their hands [to be indorsed on
these presents], before they
proceed on the said arbitration,
nominate and appoint as umpire
and that the costs of this
action be reserved and be dealt
with by the said arbitrator [or
arbitrators or umpire, as the
case may be].
Dated at
the
day of
Signature
of Judge
OR
FORM 19A
ORDER REFERRING PENDING ACTION TO
ARBITRATION (LONG FORM)
(Order 64 rule 3(2))
[Title as in action]
Upon hearing
,
and by consent
It is ordered as follows:
1.
[State matters to be referred]
shall be referred to the award
of
(hereinafter called "the
arbitrator").
2. The arbitrator shall have all the
powers to certify and amend as a
Judge of the High/Circuit Court
[or as the case may be].
3. The arbitrator shall make and
publish his award in writing of
and concerning the matters
referred, ready to be delivered
to the parties in difference, or
such of them as require the same
(or their respective personal
representatives, if either of
the said parties die before the
making of the award), on or
before the next, or
on or before such further days
as the arbitrator may from time
to time appoint and signify in
writing signed by him and
indorsed on this order.
4. The said parties shall in all
things abide by and obey the
award so to be made.
5. The costs of the said cause and
the costs of the reference and
award shall be in the discretion
of the arbitrator.
6. The party in whose favour the
award shall be made shall be at
liberty within [twenty-one] days
after service of a copy of the
award on the lawyer of the other
party, to sign final judgment in
accordance with the award, and
for all costs that he or they
may be entitled to under this
order, and under the award,
together with the costs of the
said judgment.
Dated at
the day of
Signature
of Judge
FORM 20
ORDER TO PRODUCE PAPER PURPORTING TO
BE TESTAMENTARY
(Order 66 rule 6(2))
Heading
IN the matter of the estate of
,
deceased.
The day
of
.
To
,
of .
WHEREAS it appears (by a certain
affidavit filed in this Court on
the day
of , and made
by
of ) , that
a certain original paper being
or purporting to be
testamentary,
namely
[here describe the paper],
bearing date the day
of
, is now in your possession or
under your control:
Now this is to command you that within
eight days after service
inclusive of the day of service,
you bring into and leave in this
Court the original paper, or in
case the original paper is not
in your possession or under your
control, that within eight days
after service on you, inclusive
of the day of service, you file
in this Court an affidavit to
that effect, and set out in the
affidavit what knowledge you
have of and with respect to the
paper.
Signature
of Judge
FORM 21
RENUNCIATION OF PROBATE OR
ADMINISTRATION WITH WILL ANNEXED
(Order 66 rule 7(4))
Heading
IN the matter of the estate of
,
deceased.
WHEREAS , late
of ,
deceased, died on the
day of
at
having at the time of his death
his fixed place of abode at
within the
jurisdiction of this Court and
he made and duly executed his
last will, dated the
day of ,and
appointed
executor (and residuary legatee
in trust or as the case may be).
NOW I, declare
that I have not intermeddled in
the movable or immovable
property of the deceased, and
will not intermeddle in it with
intent to defraud creditors or
any person interested in the
administration or distribution
of the movable or immovable
property of the deceased; and
further I expressly renounce all
rights to probate of the will
(and codicils, if any) and to
administration with the will
(and codicils, if any) annexed,
of the movable and immovable
property of the deceased.
IN witness I have set my hand this
day of
Signed and delivered by the
above-named
in the presence of
FORM 22
DECLARATION OF MOVABLE AND IMMOVABLE
PROPERTY OF A TESTATOR OR AN
INTESTATE
(Order 66 rule 9(4))
Heading
IN the matter of the estate
of ,
deceased.
[The administrator with will annexed
or the said administrator as the
case may be. Oath or solemn
Affirmation as the case may be.]
A True Declaration of all movable and
immovable property of
late of
deceased who died on the
day of
,at
and had at the time of his death
his fixed place of abode
at
,within the jurisdiction of this
Court, which have at any time
since his death come to the
possession or knowledge
of made and exhibited
upon and by virtue of the
of the of
the as follows:
[The details of the deceased's movable
and immovable property must be
inserted here (in as many sheets
of paper as may be necessary)
and value inserted opposite each
item.]
First—We/I declare that the deceased
was at the time of his death
possessed of or entitled to:
LASTLY—WE/I say that no movable or
immovable property of the
deceased has at any time since
his death come to our/my
possession or knowledge, except
as is stated.— DEPONENT
On the day
of
,
were/was duly sworn to (solemnly
affirm) the truth of the
above written
inventory.
BEFORE
ME,
.
FORM 23
NOTICE TO NEXT-OF-KIN
(Order 66 rule 10(5))
Heading
IN the matter of the estate
of
deceased. TO NEXT-OF-KIN (if
any) and all other persons
claiming any interest in the
movable or immovable property
of late
of
who died
at
intestate on the day
of .
TAKE NOTICE that letters of
administration of the movable
and immovable property of the
above-named have been applied
for
by
of
claiming to be of the
deceased and that unless a
notice to prohibit the grant is
lodged in the Court
within days from the date
of this notice letters of
administration will be granted
to the applicant.
Dated at
the day
of .
Registrar
High/Circuit Court
FORM 24
CAVEAT
(Order 66 rule 11(1))
Heading
IN the matter of the estate
of
,
deceased.
Let nothing be done in the matter
of
, late
of
,deceased, who died on
the day
of
at
, within the jurisdiction of
this Court, without warning
being given
to of
[state address for survice].
Dated at
this day
of .
Signed
caveator or caveatrix
CIVIL FORM 25
NOTICE OF FILING CAVEAT
(Order 66 rule 11(5))
Heading
IN the matter of the estate
of
, deceased.
To
of
TAKE NOTICE that a caveat has been
entered by
of ,
against the issue of probate (or
letters of administration, as
the case may be) in the
above-named matter and that no
further steps will be taken in
this matter
until
has been duly warned in
accordance with the rules of
court.
Dated at
this
day of .
Registrar
High/Circuit
Court
FORM 26
WARNING TO CAVEATOR
(Order 66 rule 11(8))
Heading
IN the matter of the estate
of
, deceased.
To
of
You are warned that within six days
after the service of this
warning upon you inclusive of
the day of service, you are to
come into this Court and file an
affidavit setting out your
interest in this matter, and in
default of your so doing, the
Court will proceed to do such
acts and things as shall be
necessary to be done in this
matter without further warning
to you.
This warning is issued at the instance
of
, of
(Here state what
interest
has, and if under a will or
codicil state its date.)
Dated at
this day
of .
Registrar
High/Circuit
Court
FORM 27
NOTICE TO EXECUTORS OR NEXT-OF-KIN TO
TAKE A GRANT
(Order 66 rule 15(1))
Heading
IN the matter of the estate
of
, deceased.
To of
one of or the executor(s) named
in the last will and testament
of late
of who died
on day
of and who at the
time of his death had his fixed
place of abode at
TAKE NOTICE that within fourteen days
of service upon you, you shall
pursuant to Order 61 rule 15(1)
either apply for a grant of
probate/letters of
administration or renounce your
right to take out
probate/letters of
administration.
THIS NOTICE is issued at
the instance
of
,
of one of the
executors named in the will
of
deceased or as
son/daughter/father/mother,
etc., and one of the next-of-kin
of the deceased.
Dated at
this day of
Signed by the within named
(An
executor named in the will of or
as next-of-kin of Deceased)
In the presence of:
Signature:
Name:
Address:
The Registrar
High/Circuit Court
FORM 28
AFFIDAVIT OF FINDING AND CONDITION OF
WILL
(Order 66 rule 18(4))
Heading
IN the matter of
I
, deceased.
make oath and
say that I am the sole executor
[or as the case may be] of the
person named in the paper
annexed purporting to be the
last will of ,
late of
, deceased who died
on the day
of , at
,and had at his death his fixed
place of abode
at
within the jurisdiction of this
Court, the will bearing the
date day
of
beginning thus ending
thus
,being
signed
, and the (here
describe the finding of the
will, and the various
obliterations, interlineations,
erasures, and alterations, if
any, and the general condition
of the will and state any other
matters required to be accounted
for; and if possible clearly
trace the will from the
possession of the deceased in
his lifetime up to the time of
the making of this affidavit),
and I finally say that the
writing is now in all respects
in the same condition as when
found (or as the case may be).
Sworn at
this day of
Before me
FORM 29
ATTESTATION CLAUSE AND WITNESSES
(Order 66 rule 18(5))
Heading
IN the matter of the estate
of
deceased.
I,
,
of
make oath and say that I am one
of the subscribing witnesses to
the last will (or codicil, as
the case may be)
of late of
,deceased, the will (or codicil)
now annexed, bearing
date ,and
that the testator executed the
will (or codicil) on the day of
the date, by signing his name at
the foot or end (or in the
testimonium clause, or in the
attestation clause, as the case
may be)* and the same now
appears in the presence of me
and
of
the other subscribed witness
both of us being present at the
same time, and we attested and
subscribed the will (or codicil)
in the presence of the testator.
Sworn at
this day of
Before me
*If the signature is in the
testimonium clause, or
attestation clause, insert
"intending the same for his
final signature of his will."
.FORM 30
AFFIDAVIT OF HANDWRITING
(Order 66 rule 18(5))
Heading
IN the matter of the estate
of
, deceased.
I,
of
make oath and say that I knew
and was well acquainted
with late
of , deceased,
who died on the day
of
at ,
for
[state here period of knowing
the deceased] before his death,
and that during that time I had
frequently seen him write and
sign his name, whereby I have
become well acquainted with his
handwriting and signature, and
having now with care and
attention inspected the paper
annexed purporting to be the
last will
of ,
beginning
thus
and
ending thus ,
dated the day
of
and signed
, I say that I
believe the whole body and
contents of the will, [as the
case may be] together with
the signature
of , to be of
the hand writing
of
, deceased.
Sworn at
this
day of .
Before me
FORM 31
OATH FOR EXECUTOR
(Order 66 rule 22)
Heading
IN the matter of the estate
of
deceased.
I,
of
, make oath and say that I
believe the paper annexed, and
marked by me, to contain the
true and original last will (or
last will with codicils)
of
, late of
deceased, and that
I am the sole executor (or one
of the executors) named (or
executor according to the tenor,
executor during life, executrix
during widowhood, or as the case
may be), and that I will
faithfully administer the
movable and immovable property
of the testator by paying his
just debts, and the legacies
given by his will (or will and
codicils), so far as his movable
and immovable property shall
extend and the law bind me; that
I will exhibit an inventory, and
render an account of my
executorship, whenever lawfully
required; that the testator died
at on
the day
of
that at the time of his death he
had his fixed place of abode
at , within the
jurisdiction of this Court; and
that the whole of his movable
and immovable property does not
amount in value to the sum
of cedis, to the
best of my knowledge,
information, and belief.
Sworn at
this day of
Signature
Before me
FORM 32
OATH FOR ADMINISTRATOR WITH WILL
ANNEXED
(Order 66 rule 22)
Heading
IN the matter of the estate
of
,
deceased.
I,
,
of
, make oath and say that I
believe the paper writing,
annexed and marked by me to
contain the true and original
last will (or will with
codicils) of
, late
of
deceased; that the executor
named is dead, without having
taken probate (or as the fact
may be); that I am the residuary
legatee in trust named (or as
the fact may be); that I will
faithfully administer the
movable and immovable property
of the testator by paying his
just debts and the legacies
given by his will (or will with
codicils),
so far as his movable and
immovable property according to
law; that I will exhibit an
inventory and render an account
of my administration whenever
lawfully required; that the
testator died
at on
the , that
at the time of his death he had
his fixed place of abode
at
within the jurisdiction of this
Court, and that the whole of his
movable and immovable property
does not amount in value to the
sum of cedis
to the best of my knowledge,
information, and belief.
Sworn at
this
day of
Signature
Before me
FORM 33
DOUBLE PROBATE
(Order 66 rule 24)
Heading
IN the matter of the estate
of
. deceased.
Sworn under and that the testator died
on or about the day of
BE IT KNOWN, that on
the day
of
, the last will (will codicils)
of ,
late of
. deceased who died
on
at , and who at
the time of his death had his
fixed place of abode
at
within the jurisdiction of this
Court, was proved and registered
in this Court and that
administration of his movable
and immovable property, and in
any way concerning his will, was
granted by the Court
to ,
one of the executors named in
the will (or codicil), he having
been duly sworn, power being
reserved of making the same
grant
to
, the other executor named in
the will. And be it further
known that on
the day
of , the will
of the deceased was also proved
in this court and the same
administration was granted by
this Court to
the
, he having been duly sworn.
(Seal of Court)
Signature of Registrar
FORM 34
ADMINISTRATION BOND
(Order 66 rule 31(1))
Heading
IN the matter of the estate
of
, deceased.
KNOW ALL MEN, by these presents, that
we
,of
,of ,and
,of
are jointly and
severally bound
unto ,
the Registrar of
the
Court, in the sum of
¢ ,to
be paid to ,
or the Registrar of the Court
for which payment we bind
ourselves and each of us, for
himself, in the whole, ours and
each of our successors,
executors, and administrators,
firmly by these presents.
Sealed with our seals. Dated
at the
day of .
The condition of the above-written
obligation is that if the above
named ,the
intended administrator of the
movable and immovable property
of , late
of ,deceased, who
died on the day
of (left unadministered
by . ), does
make a true and perfect
inventory of the movable and
immovable property of the
deceased, (so left
unadministered) which has or
shall come into his possession
of any person for him, and the
same so made shall exhibit into
the
Court whenever required by law so to
do; and the same property, and
all other movable and immovable
property of the deceased, which
shall at any time after the
making and exhibition of the
inventory, come into the
possession of
, or of any person for him, do
well and truly administer
according to law, do pay the
debts which the deceased owed at
his death and do deliver and pay
all the residue of the movable
and immovable property to the
person or such persons as shall
be entitled by law; and further,
do make a true and just account
of his administration whenever
lawfully required; and in case
it shall appear that any will
was made by the the deceased and
the executor or executors or
other persons named, do exhibit,
the same for probate, then, if,
being required, do duly render
and deliver the letters of
administration granted to him,
then this obligation shall be
void, otherwise shall remain in
full force.
(LS)
(Signature of obligants) (LS)
(LS)
Signed, Sealed and delivered
in the presence of
FORM 35
ADMINISTRATION BOND (WITH WILL
ANNEXED)
(Order 66 rule 31(1))
Heading
IN the matter of the estate
,
deceased.
KNOW ALL MEN, by these presents, that
we ,
of of
, and
of
are jointly and severally bound
unto ,
the Registrar of
the Court in
the sum of
¢ , to
be paid to , or the
Registrar of the Court for which
payment we bind ourselves and
each of us for himself in the
whole, ours and each of our
successors, executors, and
administrators, firmly by these
presents. Sealed with our seals.
Dated at
the day
of
.
The condition of the above-written
obligation is that if hte
abovenamed
, the intended administrator of
the movable and immovable
property
of ,
late of who died on the day
of
,does make a true and perfect
inventory of the movable and
immovable property of hte
deceased (left unadministered
by ) which has or
shal come into his possession,
or into the possession of any
person for him, and the same so
made do exhibit in
the
Court at
whenever required by law ot do
so, and the movable and
immovable property and all other
movable and immovable property
(so left unadministered) of the
deceased which shall at anytime
after the making and exhibition
of the inventory come into the
possession of ,
or of any persons for him, do
well and truly administer
namely, od pay the debts which
the deceased owed at his death,
and then hte legacies given by
the will annexed to the letters
of administration, as far as the
movable and immovable property
will extend and the law bind
him, and deliver ad pay all the
residue of the movable and
immovable property unto the
person or such persons as shall
be by law entitled, and further
do make a true and just account
of his administration whenever
lawfully requried, then this
obligation shall be void,
otherwise shall remain in full
force.
(L.S.)
(Signature
of obligants) (L.S.)
(L.S.)
Signed, Sealed and delivered
in the presence of
FORM 36
JUSTIFICATION OF SURETIES
(Order 66 rule 31(1))
Heading
IN the matter of the estate
of
, deceased.
We,
, of
,
of
and
of
severally
make oath and say that we are
the proposed sureties in the
penal sum of
¢ , on
behalf of C.D., (the intended
administrator of the movable and
immovable property
of
, late
of
deceased, for his faithful
administration, and
I, , for
myself, make oath and say that I
am, after payment of all my just
debts, well and truly worth in
money and effects the sum of
¢ , and I,
the , for myself
make oath and say that I am,
after payment of all my just
debts, well and truly worth in
money and effects the sum of ¢
Sworn by
at
this day
of .
Before me.
FORM 37
AFFIDAVIT OF INCREASE OF ESTATE
(Order 66 rule 31(5))
Heading
IN the matter of the estate
of
deceased.
I
,
of (here
state address not postal box
number) make oath and say as
follows:
That on the day
of letters
of administration of the movable
and immovable property
of
deceased were granted
to me by this Honourable Court.
That the gross value of the said
estate was sworn to amount to ¢
That I have since discovered that the
value of the estate exceeds that
amount and the gross value is ¢
Sworn at
on
day
of
.
Before
me.
(signed)
The Registrar
High/Circuit Court
FORM 38
ASSIGNMENT OF BOND
(Order 66 rule 31(8))
Heading
IN the matter of the estate
of
, deceased
KNOW ALL MEN by these presents, that
I
Registrar of the Court
pursuant to order 61 rule 31(8)
of the High Court Rules, by
these presents do and hereby
assign to
of (address
and occupation of assignee), the
annexed bond bearing
date day
of
, with power to sue on the bond
in his own name and to recover
as trustee for all persons
interested, the full amount
recoverable in respect of the
breach of the undertaking in the
bond.
Dated at
this day
of
.
LS
Registrar
Signed, Sealed and delivered by the
named Registrar
In the presence of
FORM 39
NOTICE OF PROCEEDINGS
(Order 66 rule 35(1))
Heading
IN the matter of the estate
of
, deceased.
WHEREAS it appears that a probate
action has been started in
the
Court in accordance with the
Writ of Summons attached; and
whereas it appears that you are
one of the persons who are
interested in the estate of the
deceased:
TAKE NOTICE that if you wish to be
heard at the trial of the action
you should apply to the Court
either personally or by your
lawyer to be added as a party to
the action.
AND TAKE NOTICE that in default of
your so doing the Court will
proceed to hear the action and
pronounce judgment, your absence
notwithstanding.
Dated at
day of
Signed
Registrar
FORM 40
AFFIDAVIT OF TESTAMENTARY SCRIPT
(Order 66 rule 38(2))
Heading
IN the matter of the estate
of
, deceased.
I,
, of the
plaintiff (or defendant) in this
action make oath and say as
follows:
I have no knowledge of any document
being or purporting to be, or
having the form or effect of, a
will or codicil, or other
testamentary script
of ,
late of
deceased, in this action, or
being or purporting to be a
draft of any will, codicil or
other testamentary instrument of
the said deceased or written
instructions for such an
instrument made by or at the
request of or under the
instructions of the said
deceased or being or purporting
to be evidence of the contents,
or to be a copy, of any will,
codicil or other testamentary
instrument of the said deceased
which is alleged to have been
lost or damaged, save and except
the true last will of the said
deceased now produced and shown
to me, the said will bearing
date day
of
[also save and except]*
Sworn at
the day
of .
Before me
FORM 41
POWER OF ATTORNEY TO TAKE
ADMINISTRATION
(Order 66 rule 49(1))
Heading
IN the matter of the estate
of
, deceased.
WHEREAS
, of
deceased, died on
day of intestate,
leaving,
his lawful widow (or as the
case may be) and relict (and the
only person now entitled to his
estate):
NOW, I, the
said
at present residing at
do hereby
nominate, constitute and
appoint
of (occupation), and
of (occupation) to
be my lawful attorneys for the
purpose of obtaining letters of
administration of the estate of
the said deceased, to be granted
to them by the
Court for my use and
benefit, and until I shall
obtain letters of administration
of the said estate. And I
hereby promise to ratify and
confirm whatever my said
attorneys shall lawfully do or
cause to be done in the
premises.
In witness whereof I have hereunto set
my hand and seal
this day
of .
Signed Sealed and delivered by the
said
L.S.
in the presence of
FORM 42
POWER OF ATTORNEY TO TAKE
ADMINISTRATION WITH WILL ANNEXED
GIVEN BY EXECUTORS
(Order 66 rule 49(4))
Heading
IN the matter of the estate
of
, deceased.
WHEREAS ,
of
deceased, died on
the day
of having made and
duly executed his last will and
testament, bearing
date the day
of and thereon
appointed
and
executors:
NOW we, the said
and at
present
residing
at
and respectively do hereby
nominate, constitute, and
appoint
of to be our
lawful attorney for the purpose
of obtaining letters of
administration with the said
will annexed of the estate of
the said deceased to be granted
to him by the
Court for our use and benefit,
and until we shall obtain
probate of the said will* and we
hereby promise to ratify and
confirm what our said attorney
shall lawfully do or cause to be
done in the premises.
In witness whereof we have hereonto
set our hands and seal
this day
of .
Signed, Sealed and delivered by the
said
LS
and in the presence
of
FORM 43
AFFIDAVIT TO LEAD THE COURT'S ORDER
ASSIGNING GUARDIANS TO MINOR FOR
THE PURPOSE OF TAKING
ADMINISTRATION OR PROBATE
(Order 66 rule 50(2))
Heading
IN the matter of the estate
of
, deceased.
WE,
of
, and ,
of ,
jointly and severally make oath
and say:
1. That
of
died on
the day
of at intestate a
widow/widower, domiciled
in ,
leaving his
lawful daughter/son (one of the
persons entitled to his estate).
2. That there is no statutory,
testamentary or other lawfully
appointed guardian of the said
minor.
3. That we are the lawful
grandparents (or the lawful
uncle and aunt of the whole
blood, or as the case may be)
(and nearest-of-kin) of the
minor [or]
That the
lawful grandfather and only
nearest-of-kin of the said minor
has renounced his right to the
guardianship of the said minor.
(Here state who has had the care
and charge of the minor since
the death of the deceased, and
any other relied on in support
of the application).
4. That the gross value of the estate
of the said deceased is
¢ and that
after the deduction of debts and
encumbrances the value of the
estate is
¢
.
5. That we hereby apply for an order
assigning us as guardians of the
said minor and until he shall
attain full age.
Sworn at
this
day of
Before me.
[NOTICES: This form should be adapted
in accordance with the
circumstances. If both parents
of the minor are alive, the
affidavit should state the
reason why they do not apply
jointly for the grant.
If there is a statutory or other
lawfully appointed guardian,
unless such guardian has
renounced the guardianship it
should be shown for what reason
it is desired to pass him or her
over:
The form can be adapted to the case of
the minority of a sole executor
or residuary legatee
or other person entitled to a
grant where the deceased died
intestate.]
FORM 44
ADMINISTRATOR'S CASH ACCOUNT
(Order 66 rule 58 (5))
Heading
IN the matter of the estate
of
, deceased.
THE (first) account
of ,
the Administrator appointed by
order dated the day
of
from
the day
of to day
of both dates
inclusive.
No. of Item Date when received
Names of persons from whom
received On what account
received Amount
received No. of Item
Date when paid or allowed Names
of persons to whom paid or
allowed For what
purpose paid or allowed Amount
paid or allowed
Dated at
this day
of
.
Signature
of Administrator
The Registrar
High/Circuit Court
FORM 45
ADMINISTRATOR'S INVENTORY
(Order 66 rule 58(5))
Heading
IN the matter of the estate
of
,
deceased.
Inventory as at
the day
of
.
Particulars of property in estate
Date of disposal
Dated at
this day of
.
Signature of Administrator
The Registrar
High/Circuit Court
FORM 46
LETTERS OF ADMINISTRATION DE BONIS NON
(Order 66 rule 59 (3))
Heading
Sworn under ¢ and
that the testator died on or
about the day
of .
IN the matter of the estate
of
, deceased.
BE IT KNOWN,
that ,
late of
deceased, died on
intestate, and had at the time
of his death his fixed place of
abode at within
the jurisdiction of this Court,
and that after his death, on
the day
of letters of
administration of his movable
and immovable property were
granted by this Court to
(insert the relationship or
status of administrator) which
letters of administration now
remain on record in this Court,
who, after taking
such administration upon him,
partly administered the movable
and immovable property of the
deceased and afterwards, namely
on ,died leaving
part thereof
unadministered and that
on the day of letters of
administration of the movable
and immovable property left
unadministered were granted by
this Court to , he
having been duly sworn.
Seal of Court
Signature
of Registrar
INDEX
TO
THE HIGH COURT (CIVIL PROCEDURE) RULES
ABATEMENT
abatement of action 121
bankruptcy of plaintiff 39
defendant 39
Cause book, entry of order in 40
death of plaintiff 39
defendant 39
party 39
failure to proceed of persons entitled
to 40
interest of any party 39
assignment on 39
transmission on 39
devolution of 39
liability of any party 121
assignment in 121
transmission on 121
list of action, striking out of, where
cause abated 121
notice of, to be given by lawyer or
person having conduct 121
ACCOUNTS (ORDER 29)
application for 112
affidavit verifying 112
alleged omission, notice to be given
112
allowances to be made in taking 113
cash accounts, lawyer to deliver 265
court may direct taking of 112
distribution of funds, ascertainment
of persons 113
manner of taking, special directions
as to 113
numbered to be 112
summary order for, 112
verification 112
affidavit of 112
guardians accounts, 113
receivers accounts, 109-110
amendmends
HIGH COURT (CIVIL PROCEDURE)
(AMENDMENT) RULES, 2014 (CI87) |