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Category Archives: Civil Procedure

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that a party to a suit may well be in contempt of court in the absence of formal court order. The Court stressed that a person was in...

On 7 may 2017, the Ghana Law Hub published an article under the heading, “Can a law firm sign a legal process?”In that article, Y. Edinam Cofie discussed a High Court decision in which Justice Bright Mensah came to the conclusion that a...

The High Court presided over by Justice Bright Mensah held, in “In the matter of Kaneshie Drivers Association and in the matter of an application by James Danful Paul Egyam, John Donkor and Samuel Cofie pursuant to s.217, s. 218 and s. 162...

Introduction “If your knowledge of substantive law is brilliant and you have no knowledge of the rules of Court then you cannot be a “proper” lawyer.” These were the words of Justice Anin Yeboah of the Supreme Court of Ghana when I first...

By Bobby Banson on May 2nd, 2018

Introduction It is so notorious a fact that there is only High Court in Ghana. It is also trite that the various divisions of the High Court are for administrative and other purposes including convenience in litigation. That notwithstanding,...

Background I want to set the tone of this paper with this hypothetical situation. The Plaintiff is a limited liability company with its registered address and place of business in Tema in the Greater Accra Region. The Defendant is also a limited...

By Bobby Banson on Apr 24th, 2018

In a criminal case, a judge may make orders such as the payment of money or the return of property found to have been stolen by the accused person. This is what is referred to as restitution in criminal procedure. Traditionally, a judge in...

Without Prejudice. This is a label found in letters between two lawyers who are attempting to settle a claim and yet do not wish to have any admission or concession they make in the settlement process used against them later on. The idea behind...

An Accra High Court in the case of IFS Financial Services Limited v Jonathan Mensah & Anor[1] has allowed the social media network, Facebook, to be used to notify a defendant of a civil suit after several failed attempts at serving the court processes on him personally. The High Court judge, Justice Sophia Bernasko-Essah in her order directed that...

The High Court (Civil Procedure) Rules 2004 (C.I 47) require a person against whom a writ of summons has been issued to file a notice of appearance in person or through a lawyer within 8 days. The appearance may be conditional or unconditional. Some lawyers are however in the habit of entering conditional appearance anytime they receive a writ and then...