Revision on Civil Procedure in Ghana

Modes of Commencing a Civil Action

• Three Ways:
  1. Writ of Summons
  2. Petition
  3. Originating Notice of Motion

Contents of a Writ of Summons (Order 2 of CI 47)

• Residential and occupational address of the plaintiff
• Residential and occupational address of the defendants
• Endorsement of the relief sought by the plaintiff
• If plaintiff sues by a lawyer, the occupational address of the lawyer
• If suing in representative capacity, disclose the capacity

Originating Notice of Motion

• Used when an enactment provides for invoking court jurisdiction by application without specifying application manner
• Examples:
  • Enforcing fundamental human rights (Article 33, 1992 Constitution, Order 67 CI 47)
  • Invoking supervisory jurisdiction of high courts for judicial review (Order 55 Rule 1 CI 47)
  • Application for committal (Order 15 Rule 1 CI 47)

Actions Commenced by Petition

• Categories:
  • Matrimonial causes (Order 65 CI 47): Divorce, nullity, presumption of death, dissolution of marriage, maintenance orders, child custody
  • Parliamentary election petitions (Article 99 Constitution, Sections 16 & 17 of Law 284)
  • Presidential election petitions (Article 64, 1992 Constitution)

Actions Commenced by Writ of Summons

• All civil proceedings unless otherwise provided

Defective Writ of Summons

• Issued without foreign address for plaintiffs acting on behalf of out-of-jurisdiction individuals
• Issued by persons under 18 without next friend or guardian
• Issued for a company not signed by a lawyer
• Not accompanied by a statement of claim
• Issued without statutory compliance

Commencing Action Against Out-of-Jurisdiction Defendants

• Plaintiff must seek court leave to issue and serve writ out of jurisdiction (Order 2 Rule 7 Subrule 5 CI 47)

Validity and Renewal of Writ of Summons

• Valid for 12 months from issuance
• Can be renewed for a 12-month period via ex parte application

Concurrent Writs

• True copy of original writ, differences as necessary
• Issued if original is lost or destroyed

Addressing Writs for Out-of-Jurisdiction Plaintiffs

• Must include plaintiff's foreign address (Order 2 Rule 4 CI 47)

Unknown Defendant Address

• Indicate plaintiff will direct service (Order 2 Rule 5 Subrule 5 CI 47)

Representative Capacity

• Must endorse such capacity on writ (Order 2 Rule 4 CI 47)

Issuance Without Statement of Claim

• Not permissible (Order 2 Rule 6 CI 47)

Case Study: Kofi v. Ama

• Ama, resident in UK, did not lead to void judgment despite procedural defects in writ issuance
• Participation in proceedings forfeits right to contest procedural defects
• Supreme Court precedent: Participation waives defects (Feistland v. Child Company Limited)

Conclusion

• This set of questions aids in revising civil procedure related to the commencement of civil actions in Ghana.