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 “without prejudice” letters is that it is considered as a matter...
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...
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...
Most litigators know this. The rules of court are simply handmaidens and not mistresses. Whiles this statement may be true to a large extent, the Supreme Court in Standard Bank Offshore Trust Company Limited (Substituted by Dominion Corporate Trustees Limited) v. National Investment Bank and 2 Ors[1] has said that some rules of procedure may...