Category: Civil Procedure
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
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances
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?
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
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.
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?
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