District Court (Civil Procedure) Rules, 2009 🇬🇭

Ghana

ORDER – 1 Preliminary Matters

1. Application of Rules

2. Publicity of proceedings

3. Representation by persons other than a party

4. Acting without authority

5. Forms in the Schedule

ORDER – 2 Commencement of Proceedings

1. Description of parties

2. Commencement of proceedings

3. Issue of a writ of summons

ORDER – 3 Particulars of Claim

1. Particulars of claim

2. Judgment not to exceed claim

ORDER – 4 Service of process

1. Time and Manner of Service

2. Service on particular persons

3. Service of documents on persons with disability

4. Process Book

5. Substituted service

+1 more sections

ORDER – 5 Venue and Transfer

1. Venue of proceedings

2. Transfer of proceedings

ORDER – 6 Time

1. Reckoning periods of time

2. Non-working days

3. Extension or reduction of time

4. Definition of month

ORDER – 7 Costs

1. Costs at discretion of Court

2. Security for costs

3. Stay of proceedings pending payment or security for costs

4. Costs out of fund in suit

ORDER – 8 Undefended Suits

1. Suits for undefended list

2. Copies of affidavit to be furnished by plaintiff

3. Notice of intention to defend and affidavit of grounds of defence

4. Judgment for claim or part thereof

5. Where one defendant has a good defence but the other does not

+3 more sections

ORDER – 9 Parties

1. Suit on behalf of others

2. Joint ground for suit

3. Where joint interest, parties may sue or defend for others

4. Joint and several demand

5. Non-joinder

+11 more sections

ORDER – 10 Plaintiff out of Jurisdiction

ORDER – 11 Attendance of Parties

1. Court may permit party to appear by proxy

2. Act may be done by agent

ORDER – 12 Arrest of Absconding Defendant

1. Defendant leaving jurisdiction; application for security

2. Security for satisfaction of judgment

3. Deposit in lieu of security

4. Committal in default of security or deposit

5. Cost of keeping the arrested person

ORDER – 13 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

+1 more sections

ORDER – 14 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 more sections

ORDER – 15 Equitable Relief, Counterclaim, Set-Off

1. Relief not specifically asked may be granted

2. Counterclaim, set-off

3. Notice of counterclaim or set-off

4. Defendant may have judgment for balance due on counterclaim

5. Payment into Court where partial set-off

ORDER – 16 Dismissal of Suit on Grounds of Law

1. Legal defence by motion

2. Facts taken as admitted

3. Order on the motion

ORDER – 17 Payment into Court

1. Payment into Court upon notice

2. No intimation to Court of payment

3. Acceptance of sum paid

4. Stay of proceedings after payment

5. Non-acceptance of payment

+1 more sections

ORDER – 18 Written Statements

1. Circumstances which require written statements

2. Illiterate parties

3. The Written Statement to state all material facts

4. How facts are to be stated

5. Further and better particulars by letter

+10 more sections

ORDER – 19 Amendment

1. Circumstances

ORDER – 20 Receivers and Managers

1. Appointment of receiver or manager

2. Ancillary injunction

3. Security by receiver or manager

4. Allowance of receiver or manager

5. Receiver’s accounts

+1 more sections

ORDER – 21 Execution

1. Mode of execution

2. Meaning of writ in this order

3. Enforcement of judgment for payment of money or order in aid of a writ

4. Enforcement of judgment for possession of immovable property

5. Enforcement of judgment for delivery of goods

+5 more sections

ORDER – 22 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

+6 more sections

ORDER – 23 Writ of Fieri Facias

1. Nature of writ of fieri facias

2. Two or more writ of fieri facias

3. Separate writ to enforce payment of costs

4. Methods of putting writ into effect

5. Service of prohibitory orders

+10 more sections

ORDER – 24 Garnishee Proceedings

1. Order for examination

2. Examination of party liable to satisfy the judgment

3. Attachment of debt owed to judgment debtor

4. Application for order

5. Service and effect of order to show cause

+6 more sections

ORDER – 25 Proceedings at Trial

1. Failure to attend trial

2. Judgment given in absence of party may be set aside

3. Adjournment of trial

4. Order of giving evidence

5. Where written pleadings not filed, or parties are illiterate

+3 more sections

ORDER – 26 Evidence Generally

1. General rule on witnesses to be examined orally

2. Evidence by affidavit

3. Limitation of expert evidence

4. Official documents in evidence

5. Form and issue of witness summons

+3 more sections

ORDER – 27 Delays and Discontinuance

1. Duty to avoid delay

2. Notice of intention to proceed

3. Striking out for delays

4. Withdrawal or discontinuance

5. Discontinuance does not abate Counterclaim

+3 more sections

ORDER – 28 Judgement

1. Delivery of judgment

2. Notice when reserved

3. When parties deemed to have had notice

4. Minute of judgment: its effect

5. Where set-off or counterclaim granted

+3 more sections

ORDER – 29 Review

1. Power of review

2. Application within fourteen days

3. Parties to be heard

4. Application for review not a stay of proceedings

ORDER – 30 Sittings, Office Hours, Weekends and Public Holidays

1. Days and hours of sitting

2. Order of business

ORDER – 31 Preliminary Matters

1. Application for probate or letters of administration

2. Preservation of property

3. Intermeddling with property

4. Failure to apply for probate

5. Production of testamentary papers

+54 more sections

ORDER – 32 Matrimonial Applications

1. Jurisdiction

2. Process

3. Procedure Generally

4. Setting down action for trial

5. Orders

+1 more sections

First Schedule

Second Schedule

C.I. 59

District Court (Civil Procedure) Rules, 2009

Published in Government Gazette on 12 October 2009
Commenced
[This is the version of this document from 12 October 2009.]
[Note: The original publication document is not available and this content could not be verified.]

GENERAL PROVISIONS

ORDER – 1 Preliminary Matters

1. Application of Rules

(1)These Rules apply to civil proceedings in the District Court.

(2)These Rules are to be interpreted and applied in a manner that helps to

(a)achieve speedy and effective justice,

(b)avoid delays and unnecessary expense,

(c)ensure that as far as possible, all matters in dispute between the parties are completely, effectively and finally determine and

(d)avoid multiplicity of proceedings.

2. Publicity of proceedings

(1)Proceedings of the Court including the announcement of its decisions shall be in public except otherwise

(a)ordered by the Court in the interest of public morality, safety or public order, or

(b)required by the Constitution or any other enactment

(…

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District Court (Civil Procedure) Rules, 2009 🇬🇭

Table of Contents

C.I. 59

District Court (Civil Procedure) Rules, 2009

GENERAL PROVISIONS

ORDER – 1 Preliminary Matters

1. Application of Rules

2. Publicity of proceedings

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