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High Court (Civil Procedures) Rules, 2004 (as amended) 🇬ðŸ‡
Ghana
Amendments
2015-03-05
High Court (Civil Procedure) (Amendment) Rules, 2014
2017-01-05
High Court (Civil Procedure) (Amendment) Rules, 2016
2017-01-05
High Court (Civil Procedure) (Amendment) (No. 2) Rules, 2016
2019-12-03
High Court (Civil Procedure) (Amendment) Rules, 2019
2020-10-06
High Court (Civil Procedure) (Amendment) Rules, 2020
Table of Contents
Order – 1 - Preliminary Matters
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
+5 more sections
Order – 3 - Venue and Transfer
1. Venue of proceedings
2. Transfer of proceedings
Order – 4 - PARTIES AND CAUSES 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
+9 more sections
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
+4 more sections
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
+4 more sections
Order – 7- Service of Process Generally
1. Person to serve a document
2. Personal service
3. How personal service is effected
3A. Electronic service of process
4. Documents not served personally
+11 more sections
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 more sections
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
+3 more sections
Order – 10- Default of Appearance
1. Claim for liquidated demand
2. Claim for unliquidated demand
3. Claim in detinue
4. Claim for possession of immovable property
5. Mixed claims
+5 more sections
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
+14 more sections
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
+3 more sections
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
+3 more sections
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
+7 more sections
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 more sections
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 more sections
Order – 17- Withhdrawal 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 more sections
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
+10 more sections
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
+10 more sections
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
+3 more sections
Order – 23- Admissions
1. Notice of admission of facts
2. Request to admit fact or document
3. Effect of request to admit
4. Costs on refusal to admit
5. Withdrawal of admission
+1 more sections
Order – 24-Security for Costs
1. Security for costs of proceedings
2. Default of plaintiff
Order – 25- Interlocutory Injunction, 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
+4 more sections
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
+1 more sections
Order – 27- Receivers
1. Appointment of receiver
2. Ancillary injunction
3. Security by receiver
4. Remuneration of receiver
5. Receiver's accounts
+2 more sections
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. Court 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
+3 more sections
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 more sections
Order – 33- Place and Mode of Trial
1. Place of trial
2. Mode of trial
3. Time of trial of questions or issues
4. Determing the place and mode of trial.
5. Dismissal of action after determination of preliminary issue
Order – 34- Stting Action Down for Trial
1. Application of Order
2. Time for setting down action
3. Length of trial
4. Early hearing
5. New trial
+2 more sections
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
+5 more sections
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
+5 more sections
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
2. Evidence by affidavit
3. Evidence of particular facts
3A. Evidence by video link or other means
3B. Requirement to serve witness statements for use at trial
+15 more sections
Order – 39- Evidence by Deposition
1. Power to order depositions to be taken
2. Where person to e examine 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
+11 more sections
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-Judgment and Orders
1. Declaratory judgment ,or order
2. Time limit for delivery of judgment
2A. Delivery of judgment by video link or other means
3. Form of judgment or order
4. Time for doing an act under judgment or order
+4 more sections
Order – 42 - Review
1. Application or review
2. Time for making application
3. Grant or dismissal of application
4. Judge to hear application
5. Rehearing where application granted
+1 more sections
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
+8 more sections
Order – 44- Writs 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
+8 more sections
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
+10 more sections
Order – 46 - Examination of Judgment Debtor
1. Order or 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
+5 more sections
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
+7 more sections
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
+9 more sections
Order – 50- Committal
1. Committal for contempt
2. Committal without application
3. Hearing of application
4. Suspension of order
5. Discharge of person committed
+1 more sections
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
+11 more sections
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
+7 more sections
Order – 54- 18 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 more sections
ORDER – 54A- Disallowance and Surcharge Appeals
1. Surcharge appeals to the High Court
2. Notice and grounds of appeal
3. Filing by agent
4. Registration of surcharge appeals and service on the Auditor-General
5. Action by the Auditor-General
+5 more sections
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
+4 more sections
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 persons restrained
5. Directions as to return of writ
+4 more sections
Order – 57- Defamation Action
1. Application
2. Indorsement of claim in libel action
3. Obligation to give particulars
4. Payment into court
5. Payment by way of amends
+3 more sections
Order – 58- Commercial Action
1. Application of these Rules
2. Nature of commercial claim
3. Commencement and regulation of a commercial claim
4. Amicable settlement of dispute
5. Procedure after reply
+5 more sections
Order – 59 - Money Lenders and Mortgage Action
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 and service on the Official Trustee
5. Reply of Official Trustee
+23 more sections
Order – 61- Debenture Holder's 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
+1 more sections
Order – 62- Maritime Action
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
+13 more sections
Order – 63- Intellectual Property Rights Proceedings
1. Commencement of intellectual 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 manufactured infringing goods
5. Ex parte application for actual or threatened infringement
+13 more sections
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
+9 more sections
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
+25 more sections
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
+55 more sections
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
+4 more sections
Order – 68- Proceedings Transeerred 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
+8 more sections
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
+1 more sections
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
+1 more sections
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. When costs follow the event
+7 more sections
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
+3 more sections
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
+1 more sections
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 sittings
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 service 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
5. Application of L.l. 1515
+1 more sections
Writ of Summons
C.I. 47
High Court (Civil Procedures) Rules, 2004 (as amended)
Published in Government Gazette on 1 June 2004
Commenced on 3 January 2005
[This is the version of this document as it was at 4 August 2021.]
[Amended by
High Court (Civil Procedure) (Amendment) Rules, 2014 (Constitutional Instruments 87 of 2014)
on
5 March 2015
]
[Amended by
High Court (Civil Procedure) (Amendment) Rules, 2016 (Constitutional Instruments 101 of 2016)
on
5 January 2017
]
[Amended by
High Court (Civil Procedure) (Amendment) (No. 2) Rules, 2016 (Constitutional Instruments 102 of 2016)
on
5 January 2017
]
[Amended by
High Court (Civil Procedure) (Amendment) Rules, 2019 (Constitutional Instruments 122 of 2019)
on
3 December 2019
]
[Amended by
High Court (Civil Procedure) (Amendment) Rules, 2020 (Constitutional Instruments 133 of 2020)
on
6 October 2020
]
General Provisions
Order – 1 - Preliminary Matters
1. Application of Rules
(1)
These Rules shall apply to all civil proceedings in the High
Court
and the Circuit
Court
, except t…
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