in this lecture we shall take a look at some questions and answers that would help us understand and revise civil procedure in Ghana the first question we shall look at as follows what are the different modes of commencing a civil action in Ghana what are the different modes of commencing a civil action in Ghana the answer is as follows rates of sermons petition and originating notice of motion rates of sermons petition and originating notice of motion this gives us three ways of commencing a civil action in Ghana a rich of sermons petition and an originating notice of motion the next question reads as follows what are the contents of a writ of Samus the answer is as follows according to order two of CI 47 which is the high cost level procedural rules 2004 cr-47 a rate of summons must contain the following residential and occupational address of the plaintiff residential and occupational address of the defendants so number one is residential and occupational address of the plaintiff number two residential and occupational address of the defendant number three endorsement of the relief sought by the plaintiff number four in the events that the plaintiff seals by a lawyer the occupational address of the lawyer number five if the plaintiffs use in their representative capacity then the rates of sermons must disclose the capacity in which the plaintiffs use so once again the question reads what are the contents of a writ of sermons the answer we have is as follows according to order two of CI 47 a rate of sermons must contain the following one residential and occupational address of the plaintiff two residential and occupational address of the defendants 3 endorsements of the relief sought by the plaintiff for in the events that the plaintiffs used by a lawyer the occupational address of the lawyer five if the plaintiffs use in their representative capacity the rates of sermons must disclose the capacity in which the plaintiff issues the next question reads as follows which categories of actions are commenced by an originating notice of motion which categories of actions are commenced by an originating notice of motion the answer reads as follows an originating notice of motion is used to commence an action in instances whereby an enactment provides for invoking the course jurisdiction by an application however the enactment does not specify the manner in which the application is to be made in such instances the action is commenced by an originating notice of motion again an originating notice of motion is used to commence an action in instances whereby an enactment provides for invoking the Court's Jurisdiction by an application however the enactment does not specify the manner in which the application is to be made in such instances the action is commenced by an originating notice of motion examples of actions that can be commenced by an originating notice of motion as follows one an action to enforce fundamental human rights pursuant to article 33 of the 1992 Constitution and Order 67 of the high Constable procedure rules 2004 CI 47. another example is an application to invoke the supervisory jurisdiction of the high courts for judicial review pursuant to or the 55 rule one of the cr-47 and also an application for committal an application for an order of committer has two unto other 15 rule one subroutine of the CI 47. so this is the answer to the question which categories of actions are commenced by an originating notice of motion the other says that an originating notice of motion is used to commence an action in instances whereby an announcement provides for invoking the course jurisdiction by an application make sure your answer has a statement invoking the course jurisdiction by an application however the announcements doesn't specify the manner in which the application is to be made in such instances the action is commence by an originating notice of motion why do we call this an originating submotion because you are originating or commencing the action by emotion that is why it's called an originating notice of motion examples of actions that can be commenced by an originating notice of motion as follows one an action to enforce fundamental human rights pursuant to article 33 of the 1992 Constitution and Order 67 of the CI 47. to an application to invoke the supervisory utilization of the high Courts for judicial review pursue one two or the 55 rule one of the cr-47 three an application for an order of community or one table two of the CI 47. so this is the answer to the question which categories of actions are commenced by an originating notice of motion the next question reads as follows which categories of actions are commenced by a petition which categories of actions are commenced by a petition and the answer is as follows matrimonial courses as provided for under order 65. of the CI 47. in this context much ammonia courses includes the following proceedings for divorce anality presumption of death dissolution of marriage maintenance orders and child custody so number one is matrimonial courses as providers for under order 65 of CI 47. and in this context matrimonial courses include the following proceedings for divorce proceedings finality presumption of death dissolution of marriage maintenance orders and child custody the next category is as follows parliamentary election petitions in the high courts uh su-12 article 99 of the Constitution as well as section 16 and 17 of the representation of the people law 1992 being this law 284. number three presidential election petitions in the Supreme Court pursue one through article 64 of the 1992 Constitution so three categories of actions one matrimonial courses two parliamentary election petitions three presidential election petitions next question which categories of actions are commenced by a rate of summons and the answer is as follows according to order two of the high court civil procedure rules 2004 cf-47 unless any announcement has made provision to the contrary then all civil proceedings are to be commenced by a writs of sermons unless any announcement has made provision to the contrary then all civil proceedings are to be commenced by a rates of sermons the next question what makes a rate of sermons defective what makes a rich of someone defective and the answer is as follows Eric's issued by plaintiff acting on behalf of a person who's residents out of the jurisdiction without stating the foreign address as required by other two routine of the CI 47. again a rich issued by a plaintiff acting on behalf of a person who's in Residence out of the jurisdiction without stating the foreign address as required by Elder 204 subutu of the CI 47. number two a rate of sermons issued by a person aged below 18 years without commencing the action by the next friend or Guardian adlington as required by order five from the cio-47 in the rates of sermons issued by a person is below 18 yes without commencing the action by the next friend or Guardian adlington as required by order five of CI 47. number three average of sermons used to commence an action on behalf of a company which is not signed by a lawyer a weight of someone who's used to commence an action on behalf of a company which is not signed by a lawyer and you see this on the other four of the ci-47 and everybody corporate must commence an action by a lawyer what it means is that if you have an action comments on behalf of the company signed by a managing director direct or someone is defective so that's number three a rate of sermons used to commence an action on behalf of a company which is not signed by a lawyer as required the order four of the CIA 47. points number four average of sermons that is not accompanied by a statement of claim as required by order two five of CI 47 a rate of sermons that is not accompanied by a statement of claim as required by order two five of CI 47. 9.5 a rate of summons issued without complying with a proud statutory requirements a rate of summons issued without complying with the brown statutory requirements so Five Points we have mentioned so this answer Five Points are mentioned one average issue by plaintiff acting on behalf of a person who is resident out of the jurisdiction without stating the foreign address as required by order two four number two Awards of sermons issued by a person below 18 years without commencing the action by the next friend or Guardian athlete as required order five of CI 47 number three a rate of summons used to commence an action on behalf of a company which is not signed by a lawyer number four a writ of summons that is not accompanied by a statement of claim as required by order two five of CI 47 number five a writ of sermons issued without compliance with their power statutory requirements next question if a person intends to commence an action against a person or a defendant resident out of the jurisdiction a person take if a person intends to commence an action against a person or a defendant's resident out of the jurisdiction what steps must such a person take the answer is as follows the plaintiff must first seek leave of the Courts for the issue ones of the rich notice or which is to be saved out of the jurisdiction as required by order two seven sub rule five of the CI 47. after the Ritz has been issued the plaintiff wouldn't have to comply with other AIDS of CI 47 to seek leave of the Courts for the service of the notice of the Ritz out of the jurisdiction the answer once again the plaintiff must first seek leave of the Courts for the issuance of the Ritz notice of which is to be saved out of the jurisdiction as required by other 2775 of cr-47 after the event has been issued the plaintiff will then have to comply with other eight of CI 47 to seek Lee of the Courts for the service of the notice of the rates out of the jurisdiction that is the answer now take note for this answer there are two categories of leave that you must seek first another two seven seven five which is for the issue ones of the Ricks notice of which is to be saved out of the jurisdiction leave is for the service of the notice of the rates out of the jurisdiction yes so the next question and it reads as follows when a rate of sermon is issued for how long is it valid when the rate of someone is issued for how long is advantage and the answer is as follows a rate of sermons is valid in the first instance for the purpose of service is valid in the first instance for the purpose of service for 12 months beginning on the dates of its issuance a rate of sermons is valid in the first instance for the purpose of service for 12 months begin on the dates of its issuance this means that the rates must be served within 12 months after its issuance this has been provided for under order two nine of the CI 47. then the next question when a rate of sermons expires and the plaintiff intends to proceed with the action what action must such a plaintiff take when the rate of sermons expires and the plaintiff intends to proceed with the action what action massage a plane to take and the answer is as follows if the rate is not served within a period of 12 months after its issuance then there is a spies but can be renewed for a period not exceeding 12 months at any one time on an application just before the courts this has been provided for under order two nine Subway two of CI 47. the application for renewal of the rate of sermons must be made X party now this is the comments on this answer you will notice that Denver says that if the rate of if the rate is not served within a period of 12 months after each issuance then same Express but it can be renewed for a pre-order exceeding 12 months at any one time but application but it was before the course before the rates can be renewed for purpose of service this has been provided for under 209 of the ci-47 and the application for renewal must be made X priority now the next question to be addressed what is a concurrent rates what is a concurrent rates the answer is as follows according to order two eight sub blue three of the higher Constable procedure rules 2004 cr-47 a concurrent rates is a true copy of the original rates without defense if any as I'm necessary having regard to the purpose for which the rich was issued a concurrence rate may be issued where the original rates have been bent flooded or destroyed again what is a concurrent rates and the answer is as fools according to order two eight double three a concurrent rates is a true copy of the original rates with such difference if any as unnecessary having regard to the purpose for which the rates was issued a concurrent rates may be issued where the original rates have been bent flooded or destroyed then the next question it reads as follows when a person in tobacca plaintiff who is resident out of the jurisdiction commences an action against a defendant who is resident in Ghana what is required to be done as far as the address of the plaintiff is consent when a person in tobacca plaintiff who is resident out of the jurisdiction commences an action against a defendant who is resident in Ghana what is required to be done as far as the address of the plaintiff is consent the answer is as follows according to other two who fought of the CI 47 when the plaintiff is resident out of the jurisdiction then the rich of sermons must be endorsed with the address of the plaintiff out of the jurisdiction in the case of Standard Bank offshore Company Limited versus nib it was held that a failure to comply with this provision renders the rate of someone's null and void such that the defects cannot even be cured by an amendment again according to other two four subutu when the plaintiff is residents out of the jurisdiction then the rate of sermons must be endorsed with the address of the plaintiff out of the jurisdiction in the case of Standard Bank offshore Company Limited versus nib it was held that a failure to comply with this provision render is David of someone's null and void such that the defects cannot even be cured by an amendment then the next question it reads as follows when a plaintiff intends to Institute an action against a defendant and the address of the defendant after diligent search is not known which address by the plaintiff states on the rates of sermons when a plaintiff intends to Institute an action against a defendant and the address of the defendant after diligent search is not known which address but the plaintiff states on the right of sermons for the defendants the answer is as follows the plaintiff shall indicate on the writ of sermons that the plaintiff shall direct service this information shall be stated on the roots of sermons and it has been provided for under order two five seven five of the ci-47 the next question it reads as follows all the plaintiffs used in the representative capacity what is required to be done by such a plaintiff in endorsing his capacity foreign capacity must endure such a representative capacity on the rate of Samus this has been provided for under order two or four of the CI 47. the next question it reads as follows can the rate of sermons be issued when it is not accompanied with the statement of claim and the rich of some must be issued when it is not accompanied with a statement of claim the answer is no no a rate of sermons is not to be issued when there's not accompanied with the statement of claim according to order two six of the ci-47 no rate is to be issued unless it is accompanied by a statement of claim the next question who is as follows Kofi and pedu has a course of action against amazing Amma is resident at house number six Manchester United Kingdom Kofi did not seek leave of the court before issuing the rates of summons and same was also served on Amma without leave of the Courts I'm taking it again Kofi and pedu has a call of action against amazing Amma is resident as house number six Manchester United Kingdom Kofi did not seek leave of the courts before issuing the rich of sermons and the same was also served on armor without leaving the courts Amma was nonetheless entered appearance file the defense and judgment was given against Amma on appeal to the court of appeal Amma is a legend that the rate of sermons was defective because same was not issued same was issued without League of the Courts she therefore six to over 10 the judgment on this ground what are her chances of success now to make you understand this question better and produced a person resident in the United Kingdom but he didn't comply with other two seven seven five and other eight meaning that he didn't seek leave of the courts before the issuance of the Ritz for the service of the notice of the Reds entered appearance filed a defense and judgments was eventually ended against armor on appeal Amma is a legend that's because leave wasn't sought before the rich was issued the whole race is anality and the action should be retained on this ground what are her chances of success the answers the Supreme Court in the case of feistland freikodomo versus the Child Company Limited held that having participated in the proceedings which culminated in the government it was too late in the day for the defendant to apply to have the Judgment set aside on the grounds that leave was not shot from the courts prior to the issuance of the rate of sermons notice of which is reserved out of the jurisdiction so because of this Amma does not have a chance or nephew because the Supreme Court has already held in feistland fire code domu versus that your Company Limited in which case leave was also not sought before which was issued notice of which it should be sent out to the jurisdiction the course held that the defendants having participated in the proceedings which culminated in the judgments it was too late in the day for the defendant to apply to have the Judgment set aside on the grounds that leave was not obtained from the courts prior to the issuance of the rates of sermons and service of the notice of the defendants outside the jurisdiction This Is the End of this first set of questions for revision on civil procedure specifically related to commencement of civil actions thank you