in this lecture we shall discuss the commencement of civil proceedings in Ghana the commencement of civil proceedings in Ghana and we shall have this discussion within the context of the Ghana of the civil procedure rules in Ghana now how do we commence a civil action in Ghana how do we commence a civil action in Ghana the starting point is to read order two rule two of the high court civil procedure rules 2004 c47 order 2 ru2 of the high court civil proced rules 2004 CI 47 and read it as follows subject to any existing enactment to the contrary all civil proceedings shall be commenced by filing a r of PSS subject to any existing enactment to the contrary all civil proceedings shall be command by fing AIT of sermons now the focus of this particular rule is the expression subject to any existing enactment to the contrary it means that even though we are being told that all civil proceedings shall be commenced by filing the rate of sermons to the extent that we have the expression subject to any existing enactment to the contrary it means that there are other modes of commencing a civil action apart from the rate of salons and that is why we have the expression subject to any existing enactment to the contrary again order two r one says that subject to any existing enactment to the contrary the party who commences civil proceedings shall be described as plaintive and the opposing party shall be described as defendants the party who commences a civil proceedings shall be describ as plaintive and the opposing party shall be described as defendant it means that even though we are being told that the party who commences a civil proceedings shall be described as plenti and the opposing party shall be defendant this in itself is subject to any existing enactment to the contrary it means that there are some cases where by a person may commence a civil action but that person will not be described as a plaintiff that person may rather be describe as for example an applicant or a petitioner so that is the import of order two Ru two it makes us realize that even though we are being told that all civil proceeding shall be commenced by fing the rate of sermons there are other modes of commencing a civil action so what are the other modes of commencing a civil action the other modes of commencing a civil action are rates of sermons we have a petition and we have an originating notice of motion which in some books you see that it has been referred to as an originating M motion on notice so these are the three modes of commencing a civil action and in a short while we will look at the circumstances under which you can commence an action with a rate of sermons we look at the instances under which you may commence an action by petition and you may look at the instances that you can commence an action by an originating notice of motion an originating notice of motion originating notice of motion originating notice of motion so three modes of commencing a civil action either you have the rate of sermons you have a petition or you have an originating notice of motion now Beyond this point the next next thing we must be very interested in is that if we have been told that there are three different modes of commencing a civil action and that you can commence an action by a rate of sermons by a petition or by an originating notice of motion what is the consequence of commencing a civil action with the wrong means if you are required to commence a civil action with a petition and he end up commencing the civil action with a WR of s or you are required to commence a civil action with an originating notice of motion and rather went to commence the action with the rate of salons what will be the effect of commencing the action with the wrong means is it going to be a mere irregularity that is going to be cured by order 81 of the CI 47 or is going to be a defect which will be fundamental and it will go to the very root of the matter such that the moment you commence the action with the wrong means it deprives the court of jurisdiction so that the court cannot even hear the matter at all what do you think that you are required to commence a civil action with for example a petition but you rather went ahead to commend the civil action with a rate of sermons will it be a mere irregularity that will be CED by order 81 of the CI 47 or it will be deemed to be a defect which will be fundamental and will go to the jurisdiction of the Courts for the answer to this question I invite you to take a look at the book titled civil litigation in Ghana in the high court of Ghana civil litigation in the high court of Ghana published by Robert Smith Law Group will Bing esquad lead lead author specifically at page 17 this is how the Learned author answers this particular question this is how the Learned author answers this particular question that often Choice often the choice between a rate of salons originating notice of motion or a petition depends on the nature of the grievance and the provision of the law on how to invoke the cost jurisdiction often the choice between a rate of sermons originating motion or notice or a petition depends on the nature of the grievance and the provis of the law on how to invoke the cause jurisdiction where statutes has prescribed a means of commencing action under the statute it is only that means that an action ought to be commenced it is only that means that an action ought to be commenced it is only by that means that an action ought to be commenced and then all also I invite you to look at the case of AA second AA the second Spell a h i n a k w a h i n AA second substituted by SP e y i k i ke e i e y i ke e i I OK o k i DJ a so AA the second substituted by a OK the and others reported in 2011 one supreme court of Ghana law reports at page 205 this is what GSC this is what he noted in this case and I quote where the rules of Courts prescribe a particular mode of seeking relief the failure to initiate the proceedings for relief in accordance with the prescribed mode is not only an irregularity but raises an issue that goes to jurisdiction again where the rules of Courts prescribe a particular mode of seeking a relief the fail to initiate the proceedings for relief in accordance with the prescribed mode it is not only an irregularity but raises an issue that goes to jurisdiction what this in essence means is that and and to end of quote over there so what this means is that if you are required to commence an action by a r of salons as required by the rules of Courts and he end up commencing the action with a petition then the consequence is that the court jurisdiction would not have been properly invoked and your whole suit can be struck out for want of jurisdiction it means that as a lawyer if you are required to commence an action through one of the three means and you don't go by the law instead of commencing the action by petition you go by it the case of aaka II AA thei substituted by the Anda the second substituted by aik the and reported in 2011 one supreme court of Ghana law report at P 205 they have been told that where the rules of Court prescribe a particular mode of seeking relief the failure to initiate the proceedings for relief in accordance with the prescribed wood it is not only an irregularity but raises an issue that goes to jurisdiction so if you commence the action through the wrong the court will find that you are not even properly invoke their jurisdiction in which case the whole action can be St out for want of jurisdiction now what if a stattic has provided provided for a remedy but the statute has not provided the means of commencing the action what if the statute has provided for a remedy but that statute has not provided the means of commencing the action and what would how would the person then have to invoke the ca jurisdiction in that if a statute has provided for a remedy but the statute has not provided for the means of commencing the action how would the court determine how the action is going to be commenced now for the answer to this question for the answer to this question I will invite you to look at the decision of the high Court in the case of Fidelity Bank Ghana limited versus Gideon auku I will share the case with you shortly so this is the case we are referring to Fidelity Bank Ghana limited versus Gideon auku and so over here this is the decision of his lordship Justice Francis obiri his lordship Justice fin say and then let's see what the leared Justice says in this particular case now he refers to section 33 of act 77 3 section 33 of act 773 act 773 is the Boris and lenders Act of 2008 act 773 this one has been the legislation has been repealed now but it was under this legislation that this case was decided now this is what the L Justice says and I'm reading from this particular portion that has been highlighted section 33 of act 773 provides as follows where a borrower fails to pay an amount secured by a charge under this act the lender May a sue the Bor on any Covenant to perform under the credit agreement or B realize the security charge or notice to the person in possession of the property the use of the preposition or between section 33 A and B of act 773 gives the lender two disjunctive reliefs as to whether the lender will issue a rate of sermons against the borer in default or take steps to realize the secured property of the B let me explain this portion before I move on now look at the wording of SE 33 it says that where a Bor fails to pay an amount secured by a charge under this act the lender May a sue the borer on any Covenant to perform under the credit agreement or B realize the security charge or notice to the person in possession of the property so if the is in default the lender can either Sue by issuing the rate under SE 33 a or he can just realize the security charge now you can see that under Section 33b for the realization of the security charge we have not been told how to even invoke the C jurisdiction the court has given you the remedy that two remedies you can either Sue or you can realize but the a is quite specific if it says you can sue it means you can issue a rate but if it says you may realize the security charge on notice to the person in possession of the property it means the LA has given you the remedy but hasn't showed you how you can invoke the C jurisdiction it hasn't told you that you can bring an application or whatever it is so now let me Contin reading the words of OB J as he then was in this case of Fidelity Bank Ghana limited versus Gideon auku in 2022 I continue reading as Sol in this case the applicant has opted for the remedy under section 33b of act 773 Council for respondents made fetish of order two Ru two of CI 47 which provides that subject to any existing enactment to the contrary all civil proceedings shall be commenced by filing the r of Sal however it is right law that anytime there there is the use of the phrase subject to in any law of Statute it means that provision it means that provision of Statute is not SOS but has exceptions either in the same act or in a different act again it is not every civil proceeding which is commenced by the issuance of the rate of salons for example petition for divorce judicial review applications it appears act 773 is silent as to the procedure to invoke under Section 33b however the law is settled that where a statute provides a remedy but does not prescribed the means by which the remedy would be attained a party can approach a court for such Remedy by any of the known processes of approaching a court such as by motion again however the law is settled that where a statute provides a remedy but does not prescribe a means by which the remedy would be attained a party can approach a court for such Remedy by any of the known processes of approaching a court such as by motion see the case of republic versus Central Regional House of Chiefs and others X party Jan the9th and interested party reported in 2013 2014 two supreme court of Ghana law report at page 845 I am therefore of the view that the applicant motion has properly invoked the C jurisdiction to determine the Merit of the application it is my it is therefore my considered view my considered opinion that the respondent council's argument that all civil proceedings should be initiated by rate of sermons is much ad do about nothing and if it was in the religious Realm I would have described it as the height of apostasy end of quote now what is happening in this case remember I have told you that there are three different modes of commencing a civil action three different modes of commencing a civil action now even though we have three different modes of commencing a civil action we have been told that the three modes of commencing the civil action are using a rate of sermons going by an originating notice of motion or going by a petition now I ask the question that if a statute has provided for a particular remedy but when a statute was providing for that particular remedy it didn't show you how the C jurisdiction can be invoked if the statute didn't show you how the C jurisdiction can be invoked then you are been told that the right mode of commencing the civil action is that you can commence the action by any of the known means of approaching the court and you can for example go by an originating notice of motion so in that case of Fidelity Bank Ghana limited versus auku what the court actually held was to the effect that to the extent that to the extent that the Boris and L act had provided for the remedy which is to say that you may take steps to realize the security but it didn't show how you can invoke the C jurisdiction OB J as then was held that you can commence the action by any of the known means by any of the known means of commencing a civil action in court again let us look at the words of Bobby banson Esquire of R Smith Law Group in the book titled civil litigation in the high court of Ghana specifically at page 70 this is what the leared author also says the why statute has provided for a remedy but has not provided the means of commencing the action a party can commence the action by any of the known means so you will notice that this is more or less a reaffirmation of what we had his lordship Francis obj as he then was in the case of Fidelity Bank Ghana limited versus gon auku this a mere reaffirmation of what Leed Justice said the word statute has provided for a remedy but has not provided the means of commencing the action the party can commence the action by any of the known means and again we must refer to the case of republic versus Central Regional House of Chiefs and others Republic vers Central Regional House of Chiefs and address X party Jan the 9th under the 10th interested party reported in 2013 2014 two supreme court of Ghana law reports at page 845 at page 845 this is what his lordship AA GS said and I quote if a statute provides a remedy but does not prescrib a means by which the remedy would be attained a party may approach the court by any known means so what have I been saying so far all I've been saying so far is that there are three different modes of commencing a civil action there are three different modes either by rate of sermons by a petition or by an originating notice of motion and we have asked that if a stat provides for a remedy but doesn't provide how the ca jurisdiction is supposed to be invoked how do we invoke the ca jurisdiction and you remember the case of Fidelity Bank Ghana limited versus ginu where his lordship Francis OB as he then was noted that under section 33b of the repealed Boris and lenders act the ACT provided for a particular remedy but it didn't provide how we should invoke the cuse jurisdiction and in that particular case the lawyers had invoked the C jurisdic under3 by an originating notice of motion to realize the security according to section 33b and then the response of the other lawyer was that the action rather ought to have been commenced by a and that they didn't have to commence the action by an originating notice of motion and obj answered the question and told them that se 33b provided a remedy but it was silent on how that remedy is supposed to be obtained and that if a statute prescribed a particular remedy but doesn't provide how the court jurisdiction should be invoked a party may approach the court by any known means and therefore in that case since the parties invoked the court by an originating notice of motion the Court held it to be a valid means of commencing the action so watch out if you have any statutes that provides a remedy but it doesn't show you how you should provide a remedy it doesn't tell you that provide come by an application it doesn't tell you that come by a r it just mentions the remedy without telling you how you should invoke the C jurisdiction in that circumstance the case of republic versus Central Regional House of Chiefs and address X partan the 9th under the 10th interested party reported in 2013 2014 two supreme court of Ghana law reports at page 845 a said as follows and I quote once again if a statute provides a remedy but I not prescribe any means by which the remedy would be attained a party may approach a court by any known means so now the question that I have to ask is this there are times when a statute would prescribe that by an application so for example if you look at the contion for example and you look at article 33 cluse one it clearly mentions that anybody who alleges that there is a breach or a threaten Bridge of his fundamental human rights you may apply to the court for redress and the operative operative word over there is apply that you can apply to the court for redress so this a clear case of the Constitution providing for a particular remedy that you can apply to the high court for redress and it has show you how you should invoke the ca jurisdiction that you should come by an application so if the statute has mentioned the remedy and has also added that you can invoke the C jurisdication by an application that is when you commence the action by an originating notice of motion that is when you commence the action by an originating notice of motion so the next question I'm asking over here is that which categories of actions are commanded by an originating notice of motion and please pay attention to this part very well because we are moving on to the next mode of commencing a civil action we know that for a of sermons we are told that subject to any existing enactment to the contrary all civil proceedings shall be commenced by fing of Salmons we are clear about that one we are moving on to which categories of actions can be commenced by an originating notice of motion now once again if you look at the book titled civil litigation in the high court of Ghana written by Bobby banson Esquire of Robert Smith Lord group and you look at page 72 this is what the leared author says and I quote an originating motion of notice is adopted where a statute provides for the making of an application to a court a statute provides for the making of an application to a court but does not make any stipulations on the manner in which the set application is to be made neither are there any rules of Courts concerning the procedure in other words a statute so I have finished the quot a statute has made provision that you can make an application to the court for a particular remedy but the statute doesn't tell you how you should bring the application it doesn't tell you how the application is supposed to be made and there are no rules of C to concerning that procedure you invoke the C jurisdiction by what to call An Origin ating motion of notice why do we call it an originating motion of notice now think about it we are using this motion to commence an action we are using the motion to originate an action to commment an action right from the start we are using the motion to commence an action right from the get go that you don't have any action in the court so you are commencing an action from aresh you are originating it you are the action so because you in that motion to originate an action that's why we call it an originating motion or notice or originating notice of motion it is because he are using this motion to commence a civil action somebody will wonder why don't we just say emotion it be a mistake because if you look at order 19 or the CI 47 if you you look at order 19 of the CI 47 specifically if you advert your mind to order 191 if your adver your mindorder 191 take a critical look at your CI 47 look at order 191 and look at the language over there you will notice that under order 19 rule one of the c47 you are told that every application impending proceeding shall be by Motion in pending proceedings so if you look at 191 it says that every application in pending proceeding shall be by motion it means that under the c47 there are two kinds of motions that you can talk about at least two kinds for example if I commence an action in the court by R and I'm asking for a declaration of title to Le there's a live matter pending before the court so there's a pending matter before the court if doing that pending matter I want to apply for something if doing that pending matter I want to apply for something the application that I have to make I can make it by by motion so look at order 19 over here Order 191 look at the language every application impending proceedings shall be by motion it means that when you have a live matter pending before the courts and you want to apply for an injunction you want to apply for discoveries you want to apply to strike out rate of sermons because it's an application in pending proceedings that application must be by motion so so you realize that the motion can be a motion imp pending proceedings or it can be a motion that is used to commence an action now if you're going to apply for an interlocutory injunction you remember for of equity that before you apply for an interlocal injunction you must have commenced a substantive matter before the court so there's a substantive case pending before the court for example you are asking that this land belongs to you and after you Su that this land belongs to you you are saying that until the court finishes hearing the case you want the court to these people for developing the land it means that while the matter is pending before the court you want to apply to the court for something that application must be by by motion because it's an application impending proceedings this application is different from the one we have under what you call an originating notice of motion so if you are going to use the motion in the pending proceedings then it is a simple motion that will be supported by affidavit but if it's a motion you are using to commence an action youing to originate an action that's the motion that we refer to as an originating notice of motion an originating notice of motion I ask that you take a look at article 33 of the Constitution of Ghana look at the language of 33 where a person alleges that a provation of this constitution on the fundamental Human Rights and Freedoms has been or is been or is likely to be contrained in relation to him then without prejudice to any other action that is lawfully available to him that person may apply to the high court for redress you may apply it means that if you want to bring an action for the protection of a fundamental human rights one option available to you is that you may apply so the statute is telling you that you can apply the constition it say you may apply but it has showed you how you can apply to the high court for redress so if somebody violates your fundamental human rights right now you want to bring an action for the protection of your fundamental human rights you are commencing a fresh action and the LA said that you may apply so if you going to apply you can apply by an originating notice of motion because we have been told that where a statute makes provision that you can apply to the court for a particular remedy but it doesn't show you how you should make the application that you can properly invoke the C jurisdiction by an originating motion or notice or originating notice of motion because that motion is not a motion imp pending proceedings it's a motion you're using to originate or commence an action let's look at another example under order 55 of the CI 47 order 55 deals with application for judicial review now if you look at the language of 55 it says that an application for or in the nature of mandus prohibition goant if you look at all these things under order 55 if you're applying for mandus prohibition or it said that it shall be made by way of an application for judicial review to the high courts if you want to apply for mandus prohibition set or karant so if you're applying for judicial review we are told by order 55 that it shall be made by way of an application for judicial you to the high court so this is a clear case where the rules is saying that you should invoke the C jurisdiction by an application you are going to comment a fresh action for judicial review and it's saying that you should commence it by an application but the statute or the rule hasn't show you how should you make this application because you are going to commence a fresh action we said that application is what to call an originating motion on notice or originating notice of motion why do we have the word originating because you are using it to comment a fresh action and that is different from the order 19 one application that is an application impend proceedings so you must see the difference you can have a motion simplicit which would be a motion imp pending proceedings or you can have a motion used to commence an action the one used to commence an action is the one we describe as originating notice of motion now let us look at the book title civil procedure a practical approach written by S at page 429 and 430 civil procedure a practical approach written by SK so s at page 429 and 430 this is one lettered author says and I quote originating motions are authorized under enactment or the rules of Court where an enactment or the rules expressly authorize the making of an application to the court or a judge such application shall be made by a motion where the enactments provide some other mode a motion will satisfy the requirements originating motion notice of motion properly utilized would dispose of the matter in thisp expeditiously avoiding the combersome procedure for commencing actions by WR of sermons the notice of motion must be entitled in the matter of so so and so and say clearly the grounds of the application and the order or relief sorts end of quote what is of particular relevance for you to note over here that take note of what he just mentioned that originating notice of motion properly utilized will dispose of the matter in disput expeditiously expeditiously it is therefore not surprising that when we read ar1 that says that if you want to seek a remedy for a breach of your fundamental human rights you can go by an originating noce of motion because strictly speaking if you commence an action by an originating notice of motion you only F your motion the other person files his affid opposition the cour determines how he going to DET the action straight away within a short while you get judgment but if you Comm an action by a rate you commence by a rate he serve the defendant he has to enter appearance within 8 days then he also has um some other 14 days to file his defense PL also have seven days to file your reply within one mon pleading Clos you now apply for directions then cour ERS filing of witness statement then we in fact it goes on in fact you can have applications for amendments so many things that can come up so it's not surprising that we are being told by the Len author SQ that an originating notice of motion properly utilized would dispose of the matter in this with expeditiously is Def not surprising that when it came to fundamental human rights under article3 we're told that you can commence the action by an application so that if I want a remedy of a breach of a fundamental human rights I'm not tied to go with the compant procedure of a rate of sermons I can go by an application and that application can be by an originating notice of motion which you have been told would ensure that the matter is disposed of expeditiously let us take a look at what the Learned author has said in the book titled civil litigation in the high court of Ghana a very good book civil litigation in the high court of Ghana altered by the Smith Law Group will Bing Squire read at page 72 and this is what the Leed author says and I read while an action is commenced by originating motion or notice the applicant files the motion paper together with an affidavit as well as any exhibits which the applicant intends to rely on the respondent files an opposition together with any exhibit that he intends to rely on thereafter the C determines the mode of proceeding with the case either on affidavit evidence or by calling additional evidence the rootes of pleadings in respect of the content of a pleading a or do not apply over here end of quote this is a very profound statement and it's supposed to give you an insight as to the benefit get if you commment an action by an originating notice of motion now if you've seen a rate of sermons before nobody founds a rate and attaches any evidence nobody FS a rate and attaches any exhibit because when you found a rate is your rate of Salmons accompanied by a statement of claim no exhibit is attached to the rate of salons no exhibit will be attached to a defense when you file a rate you your statement of claim defend for the defense cile reply then we apply for directions before the court will now order you to file your witness statement that is where you now add your exhibits and that may take a lot of time but if you commence an action by an originating motion of notice straight away when you commencing your action your motion paper your affidavit and any exibit you have you can add all at once when the respondent is also finding his position he can f OPP position together with any exhibit at once and the cour can determine the whole case is only under affidavit evidence without even calling affidavit without calling additional evidence so just your motion paper comes together with all the evidence you have Aid comes with all the evidence you have then the cour looks at this two and determines the case very fast that's why we are told that if you commence an action by an originating motion of notice it allows you an expeditious means of resolving your disput and it's been actually been contemplated by order 19 ru2 order 192 gives blessing for commencing an action by an originating notice of motion this is what it says and I quote proceedings by which an application is to be made to the court or a judge of the Court under any enactment emphasis under any enactment so proceedings by which an application it will be made to the court or a judge of the Court under any enactment under any enactment shall be initiated by motion so if there's an enactment there and then the enactment provides that you can commence an action by some proceedings under that enactment we have been told that proceedings by which an application it to be made to the court or a judge of the Court under any enactment it shall be initiated by motion and where an enactment provides that an application shall be made by some other means an application by motion shall be deemed satisfy the provision of the enactment as to the making of the application so if anybody asks you what is your Authority for saying that you can even an enactment makes provision that you can apply you come by an originating not of motion if anybody ask your Authority refer to all the text writers are given you but under the c47 or the 19 ru2 gives the answer proceedings by which an application is to be made to the court or a judge of the Court under any enactment so if the says that like the company's act it that you can apply to the court for remedy against oppression so how do you apply to the court for remedy against oppression you can come by an originating notice of motion so what are some of the examples of actions that you can commence by an originating notice of motion I've given you examples already one if you want to enforce fundamental human rights P one to3 and Order 67 of the c47 you can come by an originating notice of motion order 67 of the c47 deals with enforcement of fundamental human rights that want to say that you can come by application again if you want to invoke the supervisory jurisdiction of the high court for judicial review P one to order 55 of the c47 that one to remember we check there 55 that application for judicial review shall be by by an application so if you want to apply for judicial review also P to 55 you go by an originating notice of motion again if you want to apply for an other order of com somebody has breached a court order you want a court to convict him for contempt and application for Comal one to or 5050 rule one sub rule two that one two it shall be by an application and you shall do it by an originating notice of motion now I have mentioned originating no of motion over and over again and I think that it is important that I let you see how the originating notes of motion looks like how it looks like so look at how the originating not of motion looks like this is what you use to commence the action before the courts and this one the title has been done in a way to reflect that a person has gone before the District Court of amasan and then that district cour inas has taken a decision which the applicant wants to quash by a rate of prohibition and Sari so you want to quash the decision and you want to prohibit that District Court from going ahead with the matter so definitely if you in a district courts you know they are lower courts and if you want to challenge what the district court is doing by judicial review under article 141 of the Constitution the court that has jurisdiction supervisory jurisdiction over the district court is the high court under 141 so if you're applying for judicial review in the nature of prohibition to restoring the court and right to call what they have done this is how your title will look like so we have the the superior court of the in the high court of justice we have the AC ad you have your exuse number then we have in the matter of an application for an order for judicial review in the nature of tar and prohibition pant to articles 141 of the Constitution of the N Cent Constitution and Order 55 of the high court civil proced rules 2004 c47 and in the matter of the Republic public versus the district court so the person whose decision you want to crash is who the district court so that's why you do the republic versus The District Court am then who is the one applying for the judicial review the person applying is called Lon tando so party Lon tando so republic versus the Lando because Lando is the one applying for the judicial revie but you see when Lon was in The District Court the case was between he and Daniel lari so he can come to the high court alone to crash without being aware soed part so let me give you let me explain this let me explain this in a different way so the district court case will be between lion tando versus danari so this these are the parties that were in the district courts now the high court judge sorry the district court judge has taken a decision which is breaching let's say natural Justice and it's affecting Lando so L say that my friend this I will not in cour this day so why did you grant this remedy against me what you are doing is in B of natural Justice this God says that you can't do anything I have given my decision now feels that what the Jud has done is Bri of his natural Justice it is of his right to Natural justice so he wants to crash it so Lon then goes to the high court so when you go to the high court because you want to CR the decision of the district court you borrow the name of the Republic the Republic vers versus the republic versus so the person who decision you want to CR becomes what the district court because you want to qu the decision of the district court but who the one applying to the high court l x party lion but who else has an interest in the casei toari interested party so this is how the title will look like the rep versus the district court so the district court is the one who the you want to CR X party Lando then party so that's how the title looks like so the public versus the district cour X party interested party so many people thinker only means without notice but in procedure xer can also mean under application of in this context the EXP means that the republic versus district court but the one applying for the judicial review is Lando so X party so the X over here means on the application of Lon tando and then who else has an interest danari interested party that's how the title would be then you have a motion motion on notice invoking the supervisory jurisdiction of this honorable court for judicial review in the nature of ition and an order of pursuant to article 141 of the 1992 Constitution and Order 55 of the CI 47 please take notice that this honorable Court shall be moved by Council for the applicants herein praying for an order for judicial review by way of set to bring up to this honorable courts the ruling of the district court dated 4th December 2004 Quan then you bring the name of the J his worship Michael lion m in number and a1419 419 titled lion T versus lari for the purpose of having same quest for want of jurisdiction and error of law patent on the face of the record and for a further order transferring the hearing of the suits to another Court differently consed as forther Express in the supp usually if you going to crash usually ask that okay if I'm question move it from this person to a different person because I don't want to go there for the person now to say that he I going to call whatever they done so sometimes will add the prohibition together with the and for S ERS as this honorable be F in the circumstance what to be moved on this day and then this day so look at the people that we are serving we are serving who the regist called and we serve the interested party to so this is how the motion will look like and then you have your supporting affidavit your supporting affid that would accompany it but I just have to show you how the motion paper looks like how the motion paper looks like take a look at it very well take a look at it very well all right so this is how an originating motion or notice looks like and remember like I told you this is used to commence an action it is used to originate an action that is why we call it an originating notice of motion so that was a sample of an originating notice of motion and why were why are we looking at this we're looking at this because because we've been told that there are three principal means of commencing a civil action a rate of sermons a petition and an originating notice of motion We have dealt extensively with what an originating notice of motion is and then I have to show you a sample now let's come to a petition what actions can we commence by a petition what actions are commended by a petition there are a number of them and I know the notorious one that many of people are aware of is divorce that divorce you can bring an action by a petition so let's look at them one matrimonial courses as provided for under order 65 of c47 and section one subsection one of the matrimonial CES Act of 1971 act 367 whenever I mention these things I expect that you open them read them and see what's over there it's not enough for you to know that oh for divorce you come byy a petition you must show the order in the c47 that deals with divorce petitions so that's why I've given you matrimonial courses as provided for under order 65 so open order 65 and see what is over there about commencing matrimonial csses by a petition and also open section 11 of the matrimonial courses acts and see why I'm making reference to it in this context matrimonial cses includes the following proceedings for divorce nality presumption of death dissolution of marriage maintenance orders and child custody all these ones you commend them by a petition so it's not only divorce that's why I prefer to use matrimonial courses because divorce comes under the matrimonial courses it can be procedings for divorce nality presumption of death dissolution of marriage maintenance orders and child custody please do not move ahead from this point unless you have opened other 65 of c47 and read it for yourself and you've seen what is over there like I'm as we have said it is not enough for you to nearly state that under order and that a divorce proceeding can be commen by a petition no you must actually go to the extent of showing as the order that allows you to commence a divorce P divorce action to a petition that is the only way that we can say that yes you are making significant progress so that is how to commence actions by a petition like I'm saying it's not enough for you to just merely state that divorce matters is by a petition no you must show us the order dealing with it order 65 of c47 another action you can comment by petition are Parliamentary election petitions in the high court pursuant to article 99 of the Constitution as well as section 16 and 17 of the representation of the people law 1992 P law 284 once again it's not enough for you to just say that oh parliamentary election petitions you can go by petition no show us that it is by petition because of article 99 and another section 16 and 17 of the representation of the people law 1992 PN law 284 again if it's also a presidential election petition presidential election petition under article 64 of the Constitution that one also you go by a petition and also if you want to wind up a company or liquidate a company under the provisions of the corporate insolvency and restructuring Act of 2020 act 1015 and the companies Act of 2020 992 that one to you go by a petition so at least from this you have at least four modes or four actions you can commence by petition matrimonial courses and like I've said remember it's under order 65 of the CI 47 Parliamentary Act election petitions article 99 and section 16 and 17 of the representation of the people law of 1992 here this law 284 then we have presidential election petitions in the Supreme Court under article 64 of the 1992 constitution of Ghana and then we also have the winding up of a company or liquidation under the provisions of the corporate insolvency and restructuring Act of 2020 and the companies Act of 2020 these ones are different modes of commencing actions by a petition so if we ask you what are the mod what what kind of actions can you comments with the petition I you shouldn't just mention matrimonial cses no mention the matter and refer to the order that it deals with it they we know that we are speaking the right Provisions so now we are done with two different modes of commencing and civil action in fact remember I gave you three types three ways of commencing and civil action by rate of sermons by petition and by an originating notice of motion I have told you that on under 22 we told that subject to any existing enactment to the contrary all civil proceedings shall be commenced by filing a rate of sermons remember that one remember also that we dealt with an originating notice of motion which says that if you want to commence an action before a court and a statute statute saying that you shall apply to the court for a remedy but the statute didn't specify how you should make the applic you can invoke the ca jurisdiction by an originating notice of motion remember again that we said that another way of commencing a civil action is by a petition and you've seen how the petition can be used to commence an action and you've seen the different matters that we can commence by a petition now let us look at the rate of Salon itself that what actions are thereby commen by a of according to order 202 unless there's any enactment that has any made provision then every civil proceeding is supposed to be commenced by of sermons so the general position is that every action will be commenced by a rate of s unless you have an enactment that has made a provision to the contrary so if there's no enactment that has made any provision to the contrary then you commence the action by a rate of sermons according to [Music] two2 what is a r of sermons what is a r of sermons we've mentioned it a lot in this lecture let us see what a r of sermons is what is a r of sermons and I'm going to refer to a definition given by esqu in his book civil procedure a practical approach and I'm going to read from page 183 183 what is the rate of sermons and I'm quoting under CI 47 a rate of seron is a single composite allpurpose form for the commencement of civil proceedings it Bears the quote of arms the person initiating the action must complete the form and file it in the registry must complete the form and file it in the registry of the venue IE the high court or SEC Court in which it is proposed to commence the action when filed it is issued by the regist of the court in the name of the Chief Justice the head of the Judiciary it is served in order to inform the defendant of the nature of the claim the identity and address of the plaintiff and the venue the rate of sermons initiates the action and again s civil procedure a practical put at P5 says as follows the rate of serons informs the defendants that the plaintiff has instituted an action in the language of command and Majesty the orders the defendant to enter appearance within AG days inclusive of the Day of Service of the r on the defendant failing which failing which the court May proceed to give judgment without further notice to the defendant so this is what we mean by rate of serons the moment a of suon is a command of the Republic of Ghana and the person who seals this in the Chief Justice the person who who to be the regist but in the name of the Republic the chief justice is summoning you come and appear here within eight days if you don't come so if you if you don't come we shall proceed to give judgment in your absence so that is the rate of s remember it is sealed by the register by in sealing it you will put the stamp of the Chief Justice over there so the moment you are Ser it it means that the chief justice is commanding you in the name of the Republic of Ghana that you must enter appearance and that's why if you don't enter appearance we can proceed to give judgment without further notice to you now what are the content of the rate of sermons you'll see these they've been listed under order two of the CI 47 so content of the rate of sermons or two you see that you must have the residential and occupational address of the plaintiff you must have it must have the residential and occupational address of the defendants he must have the endorsement of the relief sought by the plaintiff so if you the plaintiff what reliefs are you taking from the court those ones must also be on the rate of Salmons then in the event that the plti is used by a lawyer in the events that the plan is used by a lawyer then again the rate of sermons must definitely have the occupational address of the lawyer and if the pl sees in the representative capacity then the race must disclose the capacity in with the plaintive SE with the plaintive sues so these are generally the contents of the r of sermons and if you look at 26 it says that every R shall be F together with a statement of claim as provided for in order 11 and no rate shall be issued unless a statement of claim is filed with it every rate shall be filed together with a statement of claim as provided for in order 11 and no R shall be issued unless a statement of claim is filed with it this statement is very important and because of its crucial nature I would have to at this point refer to some I mean demonstrate to you from a sample of a rate of of a rate of sermons so let's look at a sample of a rate of sermons so that we see what we mean by saying that the rate of sermons must be accompanied by a statement of claim so now let's take a look at this you will see that the r has at the top the Republic of Ghana it had the quot of arms you'll see that is showing the court in which you are issuing the r act you will see that it has the names of the parties here first plaintiff and his address it has the name of the second plaintive also with his address it has the name of the first defendant with his address it have the name of the second defendant to with the address and look at the wording of the r an action having been commen against you by the isue of this R by the above name plaintiff you are hereby commanded that within 8 days after service of this on you inclusive of the Day of Service you do cause an appearance to be entered for you and take notice that in your default of your so doing judgment may be given in your absence without further notice to you so when the register would date this then when he seals it the register seals it then you put the stamp of the Chief Justice there it means that now it has been sealed the Chief Justice now they've given life to it so now when it is served on you you have to be entered you have to enter appearance so this how the rate of suon looks like take a critical look at it it has a front and a back so the front and the back so this the front is what you're seeing on the left and the back is what you're seeing on the right so the back has a heading statement of claim and over there what you put over there there will be the reliefs this what we usually call the endorsement of the reliefs so at the back of the rate you see recovery of the sum of 7.5 million Ghana cities being the principal and AC interest on the loan facilities that were granted to the defendants by which they have filed to pay the second relief interest on the sum of 7.5 million at the contractual rate of 12.5% % from 4the 2020 to date of final payment then Rel number three damages for Beat of contract the Rel number four costs then the rate also who issued it the name of the lawyer will be there remember I mentioned that if it is issued by a lawyer then the res the occupational address of the lawyer must be there so Michael La Michael lion Mena esquare then his address is as follows lion and Associates plot number 419 second M Street then thewy license number two must be there EG G A this is what you have over here so this is the lawyer license number I'm making that one in red his address let me make that one blue yes so you can see the difference you must have the name of the lawyer there and let me make this will be the endorsement let me make the endorsement let me highl that one in green green may not be too play so let me still make that one red so this is the endorsements so endorsements is the first one in red ctive claims against the defendant as follows so this is the endorsement of the release then we have the name of the lawyer we have his address we have a license number that's the back this is what will be at the back of the the r of Salmons in the front of the r of Salmons you have the names of the parties the address and all of that so if you remember when I was mentioning the content of the r of Salmons I mentioned that the r of Salmons must have the residential and occupational address of the plaintiff you can see it over there they see the address of the plaintiff is over there then we have the address of the defendant as well it is also over there then you also have endorsement of the relief s by the plaintiff so that's what you have at the back this the second p over here these are what you have over here then you also have in the events that the lawyers SU used by a lawyer I mentioned that he must have the occupational address of the lawyer so you see which was issued by the lawyer over here and address over here then you have the lawyer license number so this is the sample of a of a rate of ss let me quickly add that there are times when for example you want to look for the address of the defendant and you don't know where exactly that he lives so look at the CI 47 order 205 sub five order two5 sub 5 look at what it says where the address of the defendant after diligent search is not known the plaintiff shall indicate on the rate that the plaintiff shall direct service you can see it over here order 25 sub 5 where the address of the defendant after diligence search is not known the pl shall indicate on the rate that the pl shall direct service so if you see over here Order 205 5 it says that where the address of the defendant after diligence set is not known the pl shall indicate on the rate that the pl shall direct service so what does that mean it means that for this rate of Salmons for example as you can see on the screen if I can't find the address of Mr T and I write a I can put over here into backet plti shall direct service mean the plff will go with the B and tell the B that this is Mr hle to serve him with the R so you see the front p over here if you after diligence you come find it you must indicate over there that PL as direct service you can't you can't leave it absent you can't leave it blank so this is what we mean by saying that these are some of the content of the rate of sermons the parties will be here the address will be here you have the of arms and then you have the command in the back the endorsements you have the reliefs here you have the lawyer issuing the rates you have his occupational address you have a license number and they must all be there now this reliefs this statement of claim you see at the back here at the back of the rate of Salmons it is not a pleading it is it is just for you to take your release but when you come to the statement of claim itself so the statement of claim have the same names of the parties first PL second plaintive second defendant first defendant so let's say this is your statement of claim paragraph 1 2 3 4 5 6 up to 9 the usually the last paragraph in the statement of claim you will see the lawyer saying that you repeat the reliefs that you have mentioned in the r of Salmons so you realize on the of Salmons we had the relief here recovery of the sum of 7.5 million interest on this amounts so those same things will be on the statement of claim some lawyers will just make for this particular portion rather make it for example like this wherefore the pl suffer damage and claim and severally against the defendants the reliefs endorsed on the rate of s stop so the moment they put it there this way then it means that the reliefs they are claiming are the reliefs that have already been stated on the rate of Sal but many a time you see lawyers to that will what repeating it so if you remember on the rate behind the rate this one we had these release over here recover of the sum of 7.5 million interest on this amount damages this same release when you come to the statement of claim after you've dealt with all your paragraphs the final par is usually the statement also of the release so you also endorse the release also on the statement of L but the question is that what if I'm I'm stating my reliefs and let's say over here I have asked for Recovery of some but I don't ask for the interest interest the second relief so let's say that I have all of these on the rate of Salmons but on the statement of claim in the statement of claim when I came here I didn't add this interest so this one is missing from there with the fact with the fact that I have mentioned it on the r of salons would it cure that I haven't mentioned it in the statement of claim this is a very important thing so pay attention I'm saying that if you look at the rate of s this this this the front page this is the back page the back page has the reliefs back has the release back has the reliefs correct now these relief are 1 2 3 4 assuming in my statement of claim which is the pleading I don't mention this relief the interest what would be the application of it now let us go back and then to order two and see what we will see over there so you will notice that under order two Ru 6 we told that every rate shall be filed together with the statement of claim as provided for in order 11 and no rate shall be issued unless a statement of claim is filed with it it means that the rate of Salmons the one that have the quote of arms it must come together with the statement of claim itself the pring where you have paragraph one paragraph two paragraph 3 where you tell your story that you have before the court every rate must be issued and if it is being issued it must they must be sure that the rate is being accompanied by a statement of claim if it's not accompanied by it it's a problem look at 111 of c47 it says that the pl Shall Serve a statement of claim on each defendant at the same time as the rate or notice of the rate is said on the defendants at the same time that the rate or it notice is being sent on the defendant make sure you also serve a statement of claim and the statement of claim I'm talking about is the one contemplated by order 11 that one is a pleading that's where you give your facts your story that you have before the court the pl is a carpenter the finance is a farmer sometime in20 Def and this why I'm asking for this release every rate it shall be filed together with the statement of claim and it's not supposed to be issued unless the statement of claim is filed with it now look at 111 sub2 it says that when the plaintive fail to serve a statement of claim on the defendant that defendant May apply to the court for an order to dismiss the action and the court May by order dismiss the action or make such other order on such terms as is considered just so it is not for fun that order 26 is saying that every rate shall be filed together with the statement of when you fing the rate make sure that the rate is always accompanied by a statement of claim and sometimes you be confronted with some questions that what are some of the factors that may render a rate of sermons defective one defect will be when the rate of sermons has been issued and there's no statement of claim accompanying it because we've been told that if it hasn't accompany in it you can bring an action for the whole you can bring an application for the whole you to be dismissed we have seen a sample of a rate of sermons already you remember I as the question that what is the legal effect of the plaintiff giv statting and beliefs on the rate of Salmons so on your rate of Salmons you have about five beliefs but when you came to your statement of claim your last paragraph where you state your release at you don't mention two of them and my question was would the fact that you have mentioned them on the rate of sermons would they cure would this still be applicable will we still rely on those beliefs let us see what the leared author says the question is what is the legal effects of a plaintiff stating and relas on the rate of Samos which are not stated in the statement of claim and I'm reading from the book titled civil litigation in the high court of Ghana authored by Robert Smith Law Group M Bing Esquire like I said it's a very good book and it's one of the most recent books on civil procedure in Ghana this is what the Leed author says at page 74 and I quote the rate of sermons must be endorsed with a statement of the nature of the claim relief or remedy sought in the action it must be noted that the reliefs endorsed in the statement of claim take precedence over the reliefs endorsed on the rate of Samos so that where there is a relief which is endorsed on the r of s but was not repeated in the statement of claim that Rel shall be deemed to have been abandoned by the plaintiff the rate of Simmons must be endorsed with a statement of the nature of the claim the relief or remedy s in the action it must be noted that the reliefs endorsed in the statement of claim they take precedence over the relief endorsed on the rate of salons so that where there's a relief which is endorsed on the rate of salons but was not repeated in the statement of claim that Rel shall be deemed to have been abandoned by the plaintiff let us look at this case of unila Gana limited versus Kama Health Services un exps unu n i l v r unila Ghana limited versus Kama k a m e Kama Health Services Limited reported in 2013 2014 two supreme court of Ghana law report at page 884 this is what the court said and I quote the release which are stated in the statement of claim on which facts have been pleaded will supersede the endorsement on the r the statement of claim gives the particulars of the relief sorts and states the grounds upon which the plaintiff is before the court that enable the defendant to plead and any objection is to be raised by the defendant at this point or he'll be deemed to have waved it a case is contested on the basis of the pleadings hence the relief endorsed on the RIT which was varied in the statement of claim will stand as amended to the extent of the variation out that portion again a case is contested on the basis of the pleadings hence the reliefs endorsed on the r which was varied in the statement of claim will stand as amended to the extent of the valuation this is distinguishable from the situation where a relief endorsed on the r is not repeated in the statement of claim in which the party is deemed to have elected to abandon that relief again look at the case of Entry Anda entry Anda reported in 1964 Ghana law report at page 531 per from Benjamin this is what jti said and I quot where a claim contained in the rate of salons is not repeated in the statement of claim then the plaintiff is deemed to have elected to abandon the claim so look at these two cases un Ghana limited versus k h Services unil Ghana limited versus Kama Health Services reported in 2013 2014 two supreme court of Ghana law reports were told that the relief endorsed on the r which was varied in the statement of claim will be deemed as amended to the extent of the variation and in entry Anda we are told that where a claim is contained in the rate of Salmons and it is not repeated in the statement of claim then the pl will be deemed abouted to abandon that particular claim bear in mind that under 11U 151 of the c47 order 1151 of the c47 it says that a statement of claim shall State specifically the relief or the remedy which the plaintiff claims but cost need not be specifically pleaded a statement of claim must specifically stat the relief or the remedy with the plaintive claims so the question I POS now let's look at this statement of clim this with of Salmons this is the front page and this is the back page the back has released 1 2 3 4 let me add over here for example let me make us Rel I let me make let me have as release I special damages in the sum of let me make this 500,000 see this on the defendant so these are five whees over here 1 2 3 4 five but in my statement of claim which is the pleading this this is the statement of that accompanies the rate in the statement of claim in my reliefs I have just Rel one and two so this interest one is not there so I only have recovery of the sum and damages now because I have not brought the interest over here and I've also not brought the special damages the court will say that under authority of entry and I'll be deemed to have abandoned that particular relief under authority of un Ghana limited this K health services are begin to abandon those reliefs because reliefs mentioned in the rates that are not repeated in the statement of claim they be to have been abandoned in the same way if you mention reliefs on the rates but you VAR them you are told that what they be de to the relief will be to have varied to the extent of what you have put in your statement of claim so the reliefs you put in your statement of claim they are very important and they can finish your case because if you have not repeated a relief over there then it means that you begin to have abandoned it and when the court is giv it final judgments do not Grant you any remedy on that particular relief so that is why we've been told under order 11 rule 151 and whenever I mention the orders make sure you have opened the CI 47 to see it for yourself and 11 151 of the CI 47 we are told that a statement of claim shall specifically State the relief or remedy which the pl claims but cost did not be specifically claimed again let's look at this case of hydrofoam Estates Ghana limited versus U hydrop estate Ghana limited BYU reported in 2013 2014 Supreme Court of Ghana law report at page 1117 and I'm referring to this case because of order 11 51 that says that every statement of claim shall specifically state the relief or remedy that thetive claims The Only Exception is for cost if you don't specifically claim cost that one the cost will still give it to you but any substantive relief you want that's you must claim it and 11 151 now let us see what the court said in this case of hydrofoam estate Ghana limited versus U reported in 2013 2014 Supreme Court of Ghana law reports at page 117 and I read as as follows I'm reading from the case by the arate of sermon sealed on 7th October 2008 the plaintiffs claimed against the defendant only one relief as follows Perpetual injunction restraining the defendants company its agents assigns servants pre and workmen or otherwise how soever be from interfering with the pl peaceful and quiet enjoyment and possession of the land it must be pointed out that the endorsement was not for any substantive relief known in law no objection was taken by the defendant on the recent authority of roxen versus jilo Shipping Company ESS versus Vex which affirmed this court P decision in republic versus high court terer expert the owners of mvos spirits that such a claim is void in law in this case however upon reading the RIT together with the accompanying statement of claim the defect in the RIT was cured by the statement of claim filed together with the RIT this is the current position of the law as ably expounded by our worthy brother B GSC in the more recent case of opoku number two versus AIS Company Limited in which our able brother said at page 1222 as follows and I quote the rate of Salmons ought to be read together with the statement of claim in order to determine if there was any cause of action before the court this is so because a statement of claim made in appropriate cases as provided for in order in R 152 of the CI 47 amplify or diminish the scope of the rate on which it is founded the defect on the rate which was in our view the defect on the r was in our view cured by the accompanying statement of claim which was filed together with the RIT the cause of action of the plaintiffs was amply pleaded in the statement of claim now what do we get from this so far that there was a defect in the way the rate of Salmons the reliefs that were endorsed on the r of Salmons but the court is telling us in this case of high for estate Ghana limited that the defect in the rate it was cured by the accompanying statement of claim so you can see that a lot of emphasis is been given to the statement of claim so we will saw in the case of unila Ghana limited versus Karma Health Service limited that if you have some reliefs in the rates which you have modified in the statement of claim the relief that you have modified in the statement of claim they will take precedence over the one in the which of Salmons we've seen in the case of Entry Anda reported in 1964 Ghana law reports P 531 per from Benjamin that where a claim is contained in the r of salons and it is not repeated in the statement of claim the plti will be to have abandoned that claim it means that the one that takes precedence is the statement of claim and we've seen in hyro for Estates Ghana limited there that where there was a defect in the relief that the rate of Simon itself didn't have any substantive relief but the court noted that if they read the statement of claim the defect contained in the rate it was cured by what was in the statement of claim so the cause of action was properly before the court this will bring us to the end of our first part of the discussion we have on commencement of actions commencement of actions commen of civil actions and you see the reason this is important is that as we have seen already we have mentioned that there are three principal means of commencing a civil action you recall that we mentioned that what we said in this lecture that the principal means of commencing a civil action there are R of sermons petition and originating notice of motion we mention that an order two two you have been told that subject to any existing enactment to the contrary all civil proceedings shall be commenced by fing a of sermons but there are other modes of commencing a civil action they are WR of sermons petition and an originating notice of motion I asked the question at the beginning what is the consequence of commencing a civil action with the wrong means would it be a mere irregularity that can be cured by order 81 or it will go to the root of the matter and go to jurisdiction and you mention the case of AA second AA the second substituted by a the and others reported in 2011 one supreme court of Ghana law report at page 205 mentioned that if you fail to commence the action through the proper means then it will be and it will be seriouser that it will go to jurisdiction so that it cannot be killed by order 81 so if you're supposed to commence an action by a r and you go by a petition that will be a defect that will go to jurisdiction and then the whole action can be stck out for want of jurisdiction because you not properly invoked the ca jurisdiction then I ask the question what if a statute has provided for a remedy but the statute has not provided the means of commencing the action remember that the statute has provided for a remedy but hasn't given you the means of commencing the action remember I refer to the dictum of Francis OB J as he then was in Fidelity Bank Fidelity Bank you remember that case that he was that was to the effect that where a statut that's Fidelity Bank Ghana limited versus G auku that where a statute provides for a remedy but does not provide the means by which the remedy will be attained the party May approve the court for any of the known means and remember in this case it was something under the borers and lenders act that have been reped the statute had a particular remedy but it hadn't specified how the jurisdiction of the Court should be invoked whether by whether by an application whether by a petition it only had a remedy without specifying how we should invoke it and we're told that in such instances a party could approach the court by any of the the known means and in that case of Fidelity Bank Ghana limited the party approached the court through an originating not of motion and the Court held it to be proper and the court relied on the case of republic versus Central Regional House of Chiefs and others as part J the 9th under the 10th interested party and then I asked a question what categories of actions are commen by an originating notice of motion like we should give examples remember I gave you an example that we are going to commence an action for the enforcement of fundamental human rights because as says you may apply to the court for redress you can go and enforce human right Provisions by an originating notice of motion remember what an originating notice of motion is when a statute mentioned that you shall apply to the court for a remedy but doesn't tell you how you should apply you can go by an originating notice of motion another example we look at was an application for judicial review P one to order 55 the c47 again we also look at an application for an order of Comal and Order 50 of the CI 47 then I asked the question what are categories of actions that you can commence by petition I gave examples matrimonial courses under order 65 of the CI 47 and section 11 of the matrimonial cses acts I give another example parliamentary election petitions commen pant to article 99 of the Constitution as well as section 16 and 17 of the representation of the people law of 1992 PN law 284 I gave another example presidential election petitions in the Supreme Court persan to article 64 the 1992 Constitution and I gave another example winding up of a company or liquidation of a company under the provisions of the Cor corporate insolvency and restructuring Act of 2020 act 1015 that's one to you can go by petition then we look at the rate of Salmons for rate of Salmons we explain what it was that is a command commanding you the defendants to enter appearance in the name of the Republic that in the name of the Republic we are commanding you we mention that it is sealed by the regist and then you see the stamp of the Chief Justice over there we look at the content of the rate of Salmons and over there I we look at the ratees we saw that we must have the residential and occupational address of the plff residential and occupational address of the defendants then the relief the pl is seing it must be on the r if you are seen by a lawyer too he said that you must have the occupational address of the lawyer we saw all those ones over there then I mention a critical Factor under order 26 that every rate when it is being filed it shall be F together with the statement of claim and 11 and no re is supposed to be issued unless it is accompanied by a statement of claim and I mentioned and Rule one that if a person files a statement of a rate of Samons and it doesn't have a statement of claim the defendant can apply to the court for the whole action to the dismiss and then finally we asked ourselves that if a person commands an action St some relases on the rate of some but those relief are not stated in the statement of claim what is the implication we mention that if you the relief on the of serons and you don't repeat them in the statement of claim you begin to abandon those particular reliefs and we supported ourselves with the case of un Ghana limited versus Kama health services and also the of entry andan and then we finally wed up with the K of hydrofoam estat Ghana limited versus Wu reported in 2013 2014 Supreme Court of Ghana law report at page 1117 this will be the end of our first part of our discussion on commencement of civil actions thank you