Category: Civil Procedure
Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?
Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original ... Read More
Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims
Introduction Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary ... Read More
Arguing New Grounds of Appeal – To Seek Leave Or Not
INTRODUCTION When a Party is dissatisfied with a decision of a court, be it a ruling or judgement, that Party may appeal against that decision ... Read More
‘Bulley’ Them No More, Are Letters of Administration Indispensable?
Authors: Joseph Bondzie Afrifa & Vanessa S. Zormelo Abstract In this Article, the authors seek to discuss the position of the law concerning the issue ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey (described ... Read More
Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters
Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party), the ... Read More
Res judicata: The Undefined Borders
Introduction The Common Law doctrine of res judicata holds that where a court of competent jurisdiction has determined a case to finality, the parties and ... Read More
Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?
Authors: Antoinette Kyeremanteng & Theophilus Boateng Osei Abstract This paper seeks to analyze, evaluate and examine the contention whether or not recovery of possession after ... Read More
General Traverse, Where is your sting?
Author:Richmond Agbelengor Voice summary: 1.Introduction In a legal tussle, facts alleged by a party and admitted by the opposite party do not become facts in ... Read More
Default Judgment and the Doctrine of Estoppel Per Rem Judicata: A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Voice Summary by Author: Introduction Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely ... Read More