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Civil Procedure Flashcards

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1
Q

Summary Judgement

A
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2
Q

Writ of Summons

A

A formal judicial form filled by a plaintiff, issued by the court’s registry giving notice to a defendant of claims made against him/ her; commanding the defendant to enter appearance within 8 days of the notice.

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3
Q

Writ

A

Order 82 Rule 3
Includes a writ of summons & statement of claim or a petition in cause or matter.

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4
Q

Persons with Disability

A

Order 5 Rule 1
A person under 18 years or a person certified by a medical officer as being incapable of managing & administering his/her estate and affairs by reason of infirmity of the mind.

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5
Q

Who May Issue a Writ of Summons?

A

Order 4
1,2,3

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6
Q

Persons with Disability May Issue a Writ of Summons

A

Order 5 Rule 3
A person with a disability must initiate an action through a next friend/guardian ad litem & such personalities shall act through a lawyer.

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7
Q

Writ & Statement of Claim

A

Order 2 Rule 6
No writ shall be issued & filed unless it is accompanied with a statement of claim. (Also in Order 11

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8
Q

Duration & Renewal of Writ

A

Order 2 Rule 9

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9
Q

Cause of Action

A

Page 29

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10
Q

Substituted Service

A

Order 7 Rule 6

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11
Q

Setting Aside SERVICE OF A WRIT

A

Where a writ of summons is not defective but wrongfully served. The defendant may apply to set aside the SERVICE of the Writ and not the Writ. The court can then redirect the proper service of the Writ of Summons.

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12
Q

Conditional Appearance

A

The defendant has an objection/issue with the validity of the writ of summons. (or service of writ/notice of a writ)

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13
Q

Unconditional Appearance

A

The defendant has no objection/issue with the validity of the writ of summons. (or service of writ/notice of a writ)

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14
Q

Time for Appearance

A

Order 9 Rule 5a

8 DAYS from the date of service; can be extended by the court

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15
Q

Late Appearance

A

Order 9 Rule 6
A defendant may not enter appearance after judgement has been entered except with leave of the court.

*Where a judgement in default of appearance has been entered against the defendant, the defendant would need to file a motion to set aside the default judgement & then seek leave to file a late appearance.

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16
Q

Defendant fails to file within 8 days of service

A

Order 9 Rule 6 (2)

If the defendant fails to file within the 8 days, (he/she can still file a late appearance, once no judgment has not been entered against him/her) the limitation is the defendant shall not file a defence unless the court orders so.

17
Q

Filing of Conditional Appearance (3)

A

Order 9 Rule 8
A defendant must apply to the court within 14 DAYS to:

-Set aside the writ of summons or service of the writ.

-To declare the writ/notice of the writ has not been served on the defendant.

-Discharge any order that gives leave to serve notice on the defendant out of the jurisdiction.

-If the defendant fails the conditional appearance shall be treated as an unconditional appearance.

18
Q

Order 9 Rule 8

A

A defendant may apply to set aside a writ of summons at any time before appearance

19
Q

Venue

A

Order 3 Rule 2

-The defendant must raise an objection before or at the time of filing a defence for a change of venue.

-When the objection is raised, the court will stay proceedings & refer the matter/pendency of the action to the CJ who may transfer the suit to the appropriate venue.

20
Q

Pleadings

A

Order 82 Rule 3
Formal allegations by the parties to a lawsuit of their respective claims & defences with the intention of providing notice of what is to be expected at trial.

21
Q

The Rule Against Departure

A

Order 11 Rule 10
- A party shall not in a pleading make any allegation of a fact/raise any new ground or claim inconsistent with a previous pleading.

22
Q

Rule Against Departure (EXPLAINAITION)

A

-Pleadings form a factual basis upon which each party’s case is built & for that matter, parties are bound by the facts in their pleadings.
-In giving evidence they cannot testify of facts which are not contained in their pleadings.

Hammond v Odoi

23
Q

The Rule in ABOWABA V ADESHINA

A

Akuffo Adoo V Catheline
Edward Nasser V McVroom

24
Q

Striking Out Pleadings

A

Order 11 Rule 18 (At any stage of the proceeding a pleading my be struck out)
-No reasonable cause of action/defence.
-Scandulous, frivolous & vexatious.
-Seeks to prejudice, embarrass & delay fair trial
-Abuse of court process

Ghana Muslim Representative Council v Salifu

25
Q

Cause Of Action

A

A factual situation which enables a person to obtain from the court a remedy against another person.

26
Q

Statement of Claim

A

Order 11 Ruile 15

27
Q

Order 2 Ruile 7(5)

A

Page 27

28
Q

Duration of Writ of Summons

A

12 months

29
Q

Order 2 Rule 9(2) & Order 80 Rule 4(2)

A

Application to renew a writ may brought after the expiration of the writ.

30
Q

Close of Pleadings

A

Order 11 Rule 19

31
Q

Statement of Claim

A

Order 11 Rule15

32
Q

Statement of Defenee

A

Order 11 Rule 2

33
Q

Traverse

A

Where a defendant denies a fact; the defendant must state he/she denies the fact or that he/she does not admit the fact.

34
Q

Defence of Tender

A

Page 64

35
Q

Reply

A

The main objective is to give answers to specific matters that have been pleaded in the statement of defence. (Example) Odoi V Hammond

36
Q

Order 11 Rule 1(2)

A

Where a 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.

37
Q

Garnishee Proceedings

A

By Order 47 this is the process by which money due to a judgement debtor can be attached and used to satisfy a judgement debt. Through this process, a third person who owes the judgement debtor (garnishee) is ordered by the court to pay the judgement creditor the sum due on the judgement.

38
Q

Sequestration

A

Law School (8 decks)

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