High Court (Civil Procedure) Rules 2004

(C.I 47)
► Order 1 Rule 1(2) of C.I 47 provides as follows:
“These rules shall be interpreted and applied so as to achieve speedy and
effective justice, avoid delays and unnecessary expense, and ensure that as far as possible, all
matters in dispute between parties may be completely, effectively
and finally determined and multiplicity of proceedings concerning any of such matters avoided’’.
► Order 37 Rule 2 of C.I 47 takes up the issue of delay again. It provides:
‘‘It is the duty of the parties, their lawyers and the courts to avoid all unnecessary adjournments
and other delays, and ensure that, causes or matters are disposed of as speedily as the justice of
the case permits’’.
► C.I 47 is meant to solve the problems that lead to the maxim: Justice delayed is justice denied.
► The rules have two (2) fundamental aims:
1. The speedy and effective administration of justice.
2. To take all the appropriate steps to do away with the factors that contribute to delays in the
administration of justice.

Outlines of the civil procedure in the Ghanaian courts: C.I 47

► Civil Procedure is the steps, methods and rules used by the courts in the administration of
justice in civil matters.
► Civil procedure starts from the time Plaintiff issues his Writ of Summons through the period of
the trial itself to the day of the final judgement.
► Where there is no appeal, it ends when the terms of the judgement have been satisfied either
voluntarily by the losing party or when the winning party enforces the terms of the judgement by
way of execution.
► Where the losing party files an appeal, Civil procedure continues until the case is finally
disposed of the Supreme court.
► STEP 1: C.I 47 makes it mandatory for the Plaintiff to file his Writ of Summons and his
Statement of Claim at the same time.
► The writ of summons contains the name and address of the Plaintiff and the name and
address of the Defendant.
► It also contains the remedy or the reliefs that the Plaintiff wants the courts to grant him if he
wins his case.

Outlines of the civil procedure in the Ghanaian courts: C.I 47

► STEP 2: After the Plaintiff had filed his Writ of Summons and Statement of Claim, these
documents are served on the defendant by officers of the courts called Bailiffs.
► To make it easy for the defendant to be traced and served, C.I 47 requires that the business
address and the residential address of both the Plaintiff and the Defendant should be stated on
the writ of summons and the statement of claim.
► This is important because if the Defendant cannot be found at his business address, the bailiff
would try to trace with the residential address.
► It is also important because the defendant is to be sued if where he carries on business or
where he resides.
► STEP 3: After the writ of summons and the Statement of Claim has been served on the
Defendant, he has 8 days to enter Appearance.
► Entering of Appearance means that he has denied liability and is prepared to contest the case
with the Plaintiff. He has 14 days to file his Statement of Defence after filing the Appearance.
► He is required to answer the allegations contained in the Plaintiff’s Statement of Claim in the
Statement of Defence.

Outlines of the civil procedure in the Ghanaian courts: C.I 47 and C.I 87
► STEP 4: The Plaintiff after receiving the Statement of Defence may file a Reply.
► He is required under C.I 47 to file an Application for the Directions for the court to look
at the important issues.
► Under the High Court (Civil Procedure) (Amendment) Rules 2014, C.I 87, both the Plaintiff and
Defendant, and their witnesses, have a duty to file their Witness Statements and attach a list of
all the documents they intend to tender in evidence in support of their case.
► In a land matter, for example, both the Plaintiff and the Defendant may attach the following
documents to their Witness Statement:
a) Allocation Note
(this is the document signed by the chief who gave you the land),
b) site plan,
c) a lease, and
c) receipts covering payments of the land or rents.
*NB: After all, these documents have been filed, it is possible that either the Defendant or
Plaintiff may give up and the case may come to an end.

Outlines of the civil procedure in the Ghanaian courts: C.I 47

► STEP 5: During the hearing for Application for Directions, the court also fixes a date for Case
Management Conference and subsequently for hearing of evidence.
► STEP 6: As a general rule, it is the Plaintiff who gives evidence first and call his witnesses.
► It will then come to the turn of the Defendant to also give evidence and call his witnesses.
► There may however be some situations where the Defendant gives the evidence first or where
his witness gives evidence first.
► The commonest example is where a witness is very old or sick and where there is the need to
preserve his evidence.
► In land cases, the surveyor may be called to give evidence in a case where the Plaintiff is
claiming that the Defendant has trespass into his land.
► JUDGEMENT :The court must give its judgement within four (4) weeks after the evidence is
concluded.
► The judgement is either for the Plaintiff if he was able to prove his case or if he fails to do so
for the Defendant or the case will be dismissed.

Outlines of the civil procedure in the Ghanaian courts: C.I 47

► EXECUTION: Execution means that the winning party takes step to enforce the judgement.
► However, the losing party may decide to abide by the terms of the judgement without waiting
for execution to take place.
► In a land matter, for example, the losing party may vacate the land in dispute or where he
needs to pay money, he voluntarily gives the money to the winning party.
► APPEALS: This is where the losing party decides to challenge the judgement in a higher court
to enable the higher court have a second look at the judgement.
► Where the judgement starts with in the High Court, there is an automatic right of appeal to
the Court of Appeal and then to the Supreme Court.
► It is worth noting that in the appellate court it is very rare for new evidence to be admitted.
Instead, the court tests the evidence examined by the lower court.
► An aggrieved party may need leave of a relevant court to appeal. For instance, the Supreme
Court may entertain an application for special leave to appeal to the court in any cause or matter,
civil or criminal, and may grant leave accordingly. The court may also hear an appeal by leave
granted by it or the judicial committee of the National House of Chiefs from a decision of that
house.
► Read further on interlocutory appeal from the circuit court.

OUTLINES OF THE CRIMINAL PROCEDURE IN THE GHANAIAN COURTS

► Criminal procedure may be defined as the rules spelling out the step by step methods to be
used by the state institutions such as the police, the courts and the prison service enforcing the
criminal laws of Ghana to bring people who have been accused of committing crimes to justice.
► See Sections 1 and 2 of Act 30 and article 19 of the 1992 Constitution.
► ILLUSTRATION:
Yaw’s father, the Odikro, died and was buried with gold ornaments. 10 days after the
burial, Yaw and his friend Kwame met and agreed to go and open the grave, remove the gold
ornaments, sell them and use the money to travel to Europe. A few days after the meeting, Yaw,
an experienced hunter was returning from his hunting expedition at
midnight when he saw someone dressed in white clothes standing in the middle of the road. Yaw
shouted: ‘who is that?’ A voice similar to his late father replied: ‘‘I am your father, the Odikro. I
am here to inform you that, the ancestors have discovered your plan. They have sent me to bring
you immediately for trial and sentence in the spiritual world.’ Yaw became terribly afraid and
fired some gun shots at the person and took to his heels. The next day, Yaw led people to the
scene to discover that he had shot and killed his friend Kwame. Yaw has been arrested and taken
to the police station.

OUTLINES OF THE CRIMINAL PROCEDURE IN THE GHANAIAN COURTS

► From this illustration, Yaw is the suspect.
► As he has been arrested, the police will bring the criminal procedure into operation.
► All criminal offences under the Criminal Offences Acts 1960 (Act 29) are required to be tried
under the Criminal and Other Offences (Procedure) Act 1960 (Act 30).
► Under Act 30, an offence be tried either summarily or on indictment.
► STEP 1: Article 14(2) of the 1992 Constitution requires that the police inform him of the
following:
1. Reasons for his arrest e.g for killing his friend Kwame. 2. His right of a lawyer of his choice.
► This information must be given to Yaw in a language that he understands.
► He is to be informed that he has a right to a lawyer of his choice because, the lawyer has to
be present when the police are taking down his statement.
► In a criminal case, the accused person has a constitutional right to remain silent. In other
words, he can refuse to give his statement to the police and the police cannot compel him to do
so. See: Article 19 (10) of the 1992 Constitution.

OUTLINES OF THE CRIMINAL PROCEDURE IN THE GHANAIAN COURTS

► STEP 2: After Police investigations, Yaw would be charged with a specific offence and put
before a court for trial. In this case, he is likely to be charged with the murder of his friend
Kwame.
► STEP 3: Bail
► The court has the discretion to grant bail to the accused person irrespective of the
offence.
► STEP 4: The burden of proof.
► During the trial, it is the duty of the state to prove the guilt of Yaw beyond reasonable doubt.
What this means is that the police is to lead evidence to show that Yaw killed his friend Kwame.
► Yaw has a constitutional right to keep silent throughout the trial.
► This is because under article 19(2)(c) of the 1992 Constitution, Yaw is presumed to be innocent
and since the police has brought him before the court, they are to prove that he has committed
the offence of murder. While there is any reasonable doubt, Yaw is entitled to be acquitted and
discharged. In this particular example, the issue is whether Yaw intended to kill a ghost or his
friend Kwame.

OUTLINES OF THE CRIMINAL PROCEDURE IN THE GHANAIAN COURTS

► STEP 5: Yaw’s defence.
If the state is able to discharge its burden, Yaw will be called upon to open his defence. In doing
so, he is entitle to tender relevant documents and call witnesses
to testify on his behalf.
► STEP 6: Judgment and execution.
*See Part 7 of Act 30.
► STEP 7: Appeal.
*See Part 8 of Act 30.