This note will discuss the meaning of civil procedure, its scope, the applicable laws in civil procedure, and the relationship between civil procedure and substantive law.
This note, aligned with the objectives of Chapter Two of the Course Manual on Civil Procedure, provides a brief overview of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and their application to civil proceedings. In discussing the application of C.I. 47 to civil proceedings, we will discuss the scope of application of the rules, policy rationale in the application and interpretation of the rules, Order 81 as a rule that fosters the actualisation of the policy rationale underpinning the application of the rules
This note will briefly highlight the various ways a civil action may be commenced, the effect of wrongfully using another means to commence an action when a particular means is provided, and what happens if no particular means of commencing a civil action is provided.
In a previous note, we mentioned the writ of summons as one of the ways by which a civil action may be commenced. This note discusses the writ of summons in terms of its meaning, its use as the general means of commencing civil actions, parties to a civil action commenced by a writ of summons, and factors to consider before commencing an action through a writ of summons.
In a previous note, we discussed the meaning of a writ of summons, its general use as the principal means of commencing civil proceedings, and the factors to consider before commencing a civil proceeding via a writ of summons. In this note, we will discuss the contents of a writ of summons. We will examine the name of the court in which the action is being commenced, the names and addresses of the parties, the indorsement as to capacity, the command, the address for service of the plaintiff, endorsement with a statement of the nature of the claim, relief or remedy sought, and a statement on stay of proceedings if a liquidated demand is paid.
In this note, we will discuss the general rule on the capacity to commence and carry on civil proceedings and the limitation of that capacity with respect to persons with disability and body corporates.
This note will discuss acts and omissions that render a writ of summons defective. In the discussion, two types of defects will be examined: those that render a writ null and those that are considered mere irregularities.
This note will discuss the meaning of service of a process, its essence, the consequences of failing to serve a process, and highlight the modes of service.
This note will discuss personal service as one of the modes of serving a process. In doing so, the note will discuss the meaning of personal service, its use as the general mode of service, who effects personal service, how it is generally effected, and how it is effected for particular entities.
This note will discuss substituted service as one of the modes of serving a process. In doing so, the note will discuss the meaning of substituted service, the modes of substituted service, the conditions that must be fulfilled before the court orders substituted service, and how to obtain an order for substituted service.
This note will discuss the meaning of service outside the jurisdiction, the prohibition on serving a writ outside the jurisdiction, and the proper way to institute and give notice of an action to a person outside the jurisdiction (outside Ghana).
This note will discuss the rules governing the entry of appearance in Ghana upon service of a writ of summons. The note will briefly define appearance and proceed to discuss who enters appearance, how appearance is entered, the content of the notice of appearance, the types of appearance, and the time limit for appearance. The main order that will be used is Order 9 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
This note will discuss the following: the meaning of conditional appearance, capacity to enter or file conditional appearance, when conditional appearance may or may not be entered or filed, the consequence of entering conditional appearance, effect of failing to enter conditional appearance, how to enter conditional appearance.
This note will discuss the meaning of default of appearance, judgement in default of appearance and the nature of judgement a plaintiff may apply for based on the nature of his claim. The main order that will be used is Order 10 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
This note will highlight the processes involved in enforcing a judgement or an order of the court. In doing so, the note will highlight that the first step in the enforcement of an order or a judgement is the entry of judgement, and the second step is enforcing the judgement via a writ of execution, in addition to several other means such as garnishee proceedings and charging orders.
After a person dies with or without a will, he may leave behind property. This note is an introduction to how the property is administered or managed. The note, being introductory, will highlight the scope of this topic, the laws governing probate and administration of estates, and the meanings of common terms such as estate, testator, executor, probate, letters of administration, probate action, and intermeddling.
This note will discuss the processes involved in applying for probate or letters of administration. In doing so, the note will examine the essence of applying for probate and letters of administration, the court with the jurisdiction to entertain and grant such an application, the order of priority in granting probate or letters of administration, and how to apply for probate or letters of administration.
This note will discuss some of the powers and duties of the court in relation to probate and letters of administration. The powers to be discussed are the powers to make preservation orders during the pendency of an application for grant of probate or letters of administration, order for production of testamentary papers, and order that the validity of the will be proved. The note will also highlight the court’s duty to ascertain the death of the person whose estate is being sought to be administered by a grant of probate or letters of administration.
This note will discuss the meaning of a caveat in the context of a probate action, its effect, the fact that it is not used in challenging the validity of a will, its duration, when it may be filed, the duties it places on an applicant upon being brought to his notice, the subsequent duties it places on a caveator (the person who filed a caveat), the effect of a caveator discharging or failing to discharge those duties, and what happens after a caveator is given notice of the moving of a motion for the grant of probate or letters of administration.
This note will discuss the meaning of proof of will, circumstances under which a will ought to be proved, the effect of failing to prove a will when the circumstance arises, and how a will is proved.
This note will discuss the meaning of probate action, commencement of a probate action, effect of failing to enter appearance in a probate action, pleadings in probate action, effect of default of pleadings, administration pendente lite, and discontinuance of a probate action.