Category: Civil Procedure

Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?

Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?

Ghana Law Hub- February 2, 2023

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?

General Traverse, Where is your sting?

Ghana Law Hub- December 11, 2022

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)

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)

Derick Adu-Gyamfi- November 22, 2022

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

Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances

Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances

Frederick Gurah Sampson- November 12, 2022

Voice Summary by Author:   Introduction. The objective of every Plaintiff who commences an action either by issuance of writ, petition or an originating motion ... Read More

Territorial Jurisdiction of Lower Courts- Can Suits Be Transferred From One Lower Court to Another?

Territorial Jurisdiction of Lower Courts- Can Suits Be Transferred From One Lower Court to Another?

Bobby Banson- February 1, 2022

1.Synopsis It isaccepted that there is only one (1) High Court in Ghana but for administrative convenience, the Chief Justice may create different high courts ... Read More

Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana

Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana

Derick Adu-Gyamfi- January 30, 2022

Introduction It is fundamental in litigation that parties must commence action against relevant parties to the suit. A plaintiff who conceives that he has a ... Read More

Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah  Revisited.

Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah Revisited.

Derick Adu-Gyamfi- November 4, 2021

Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld ... Read More

Is The Outcome of an Interpleader Proceeding Interlocutory or Final?

Is The Outcome of an Interpleader Proceeding Interlocutory or Final?

Bobby Banson- September 28, 2021

1.Introduction A person who holds a property to which he/she does not claim any legal or equitable interest may find himself/herself in a situation where ... Read More

Garnisheeing Joint Bank Accounts – The Ghanaian Law Perspective

Garnisheeing Joint Bank Accounts – The Ghanaian Law Perspective

Frederick Gurah Sampson- August 4, 2021

Frederick Gurah Sampson Esq and Roselyne Kaledzi Esq Introduction. The Bank-Customer relationship usually commences with the account opening processes. This is the stage where the ... Read More

Preliminary Legal Issues for Determination: When to Raise Them.

Preliminary Legal Issues for Determination: When to Raise Them.

Bobby Banson- February 15, 2021

1.Introduction Parties go to court because they are unable to settle their disputes amicably. The rules of court have been enacted to provide an avenue ... Read More