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Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice
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July 2, 2020July 24, 2025Civil Procedure

Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice

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Introduction Rules of court comes within the ambit of subsidiary legislation. Because it is a subsidiary legislation, our courts over the past two decades have ruled in legion of decided cases that any slip, mistake in any rules of procedure in civil litigation should be regarded as an irregularity but cannot nullify proceedings. In view...

Of Roots and Branches: The Curious Case of Order 81
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May 2, 2018July 24, 2025Civil Procedure

Of Roots and Branches: The Curious Case of Order 81

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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 met him sometime in 2009. In his estimation, and like those of...