Civil Procedure

Question 1

Summary Judgement

Question 2

Writ of Summons

Answer 2

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.

Question 3

Writ

Answer 3

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

Question 4

Persons with Disability

Answer 4

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.

Question 5

Who May Issue a Writ of Summons?

Answer 5

Order 4
1,2,3

Question 6

Persons with Disability May Issue a Writ of Summons

Answer 6

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.

Question 7

Writ & Statement of Claim

Answer 7

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

Question 8

Duration & Renewal of Writ

Answer 8

Order 2 Rule 9

Question 9

Cause of Action

Answer 9

Page 29

Question 10

Substituted Service

Answer 10

Order 7 Rule 6

Question 11

Setting Aside SERVICE OF A WRIT

Answer 11

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.

Question 12

Conditional Appearance

Answer 12

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

Question 13

Unconditional Appearance

Answer 13

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

Question 14

Time for Appearance

Answer 14

Order 9 Rule 5a

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

Question 15

Late Appearance

Answer 15

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.

Question 16

Defendant fails to file within 8 days of service

Answer 16

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.

Question 17

Filing of Conditional Appearance (3)

Answer 17

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.

Question 18

Order 9 Rule 8

Answer 18

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

Question 19

Venue

Answer 19

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.

Question 20

Pleadings

Answer 20

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.

Question 21

The Rule Against Departure

Answer 21

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.

Question 22

Rule Against Departure (EXPLAINAITION)

Answer 22

-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

Question 23

The Rule in ABOWABA V ADESHINA

Answer 23

Akuffo Adoo V Catheline
Edward Nasser V McVroom

Question 24

Striking Out Pleadings

Answer 24

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

Question 25

Cause Of Action

Answer 25

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

Question 26

Statement of Claim

Answer 26

Order 11 Ruile 15

Question 27

Order 2 Ruile 7(5)

Answer 27

Page 27

Question 28

Duration of Writ of Summons

Answer 28

12 months

Question 29

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

Answer 29

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

Question 30

Close of Pleadings

Answer 30

Order 11 Rule 19

Question 31

Statement of Claim

Answer 31

Order 11 Rule15

Question 32

Statement of Defenee

Answer 32

Order 11 Rule 2

Question 33

Traverse

Answer 33

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

Question 34

Defence of Tender

Answer 34

Page 64

Question 35

Reply

Answer 35

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

Question 36

Order 11 Rule 1(2)

Answer 36

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.

Question 37

Garnishee Proceedings

Answer 37

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.

Question 38

Sequestration