Ghana School of Law PLC: Civil Procedure (GLC) cheat sheet

High Court has unlimited original jurisdiction in civil matters under Article 140 of the 1992 Constitution; the District Court's civil jurisdiction is capped by statute (currently a monetary ceiling set by the Chief Justice in the District Court Rules).

Circuit Court civil jurisdiction sits between the District Court and High Court; where a claim exceeds the District Court ceiling, the action must be commenced in the Circuit or High Court, and filing in the wrong court is a matter of jurisdiction, not mere venue.

Venue in the High Court is determined by the rules on the place of suing (normally the defendant's residence or the place where the cause of action arose); wrong venue is waived if not objected to at the earliest opportunity.

A civil action in the High Court is commenced by a writ of summons (with statement of claim endorsed or filed within the prescribed time) for claims involving substantial disputes of fact; originating summons is used for construction of documents, questions of law, and matters where facts are not seriously in dispute.

Petitions are the prescribed mode for matrimonial causes, probate and administration, and other statutory proceedings; using the wrong originating process is a defect that may be struck out or amended.

The writ must be issued within the limitation period applicable to the cause of action; limitation is a substantive defence that must be pleaded and proved, not a jurisdictional bar the court raises on its own.

Where the High Court has concurrent jurisdiction with another court, the plaintiff may choose; transfer between courts is possible under the rules and under the Courts Act.

Pre-action requirements (e.g., statutory notice for actions against the State and certain public bodies) are conditions precedent; non-compliance is a defence and can lead to dismissal if not cured.

Order 15 of the High Court (Civil Procedure) Rules, C.I. 47 governs joinder of parties: all persons who may be jointly entitled or jointly liable should be joined, and misjoinder or non-joinder does not defeat an action but is corrected by amendment or by the court's direction.

A plaintiff must have a personal legal interest in the relief sought; a person suing on behalf of others must satisfy the representative action conditions (same interest, common question, and adequate representation).

A party lacking capacity (minor, person of unsound mind) sues or is sued through a guardian ad litem or next friend, whose appointment requires the court's approval.

Two or more causes of action may be joined in one action where they arise from the same transaction or series of transactions and the same parties; the court may order separate trials if joinder causes prejudice or delay.

Every pleading must contain a statement of all material facts on which the party relies, but not the evidence by which they are to be proved; conclusions of law may be pleaded if the facts supporting them are stated.

The statement of claim is the plaintiff's pleading; the statement of defence must deal with each allegation, either admitting, denying or requiring proof, and must plead any special defence (limitation, contributory negligence, fraud, estoppel).

A reply is only necessary where the defence raises a new fact or a counterclaim; a counterclaim is a separate claim by the defendant and requires a defence to it by the plaintiff.

Amendment of pleadings is permitted at any stage to determine the real question in controversy, subject to the court's discretion and to the rule that amendment should not cause injustice that cannot be compensated by costs.

Personal service is the primary mode: the writ must be delivered to the defendant personally, or left at the defendant's last known place of abode or business with a person of suitable age and discretion.

Where personal service is impracticable, the court may order substituted service (advertisement, service on a solicitor, or such other mode as the court directs) upon an affidavit showing the attempts made.

Service on a company is effected by leaving the document at its registered office or by serving a director, secretary or other principal officer; service on a partnership may be on a partner or at the principal place of business.

Service outside the jurisdiction requires the court's leave, supported by an affidavit showing the ground for service out of the jurisdiction and that the claim has a real and substantial connection with Ghana.

Proof of service is by affidavit of service sworn by the person who served the document, exhibiting the original or a copy of the document served and stating the mode, date, place and person served.

Where a defendant fails to enter appearance or to file a defence within the prescribed time, the plaintiff may apply for judgment in default; default judgment is not available where the claim is for a liquidated sum exceeding the prescribed limit without the court's leave, or in certain actions such as those for recovery of land or matrimonial causes.

A default judgment may be set aside by the court on such terms as to costs or otherwise as it thinks just, on application supported by an affidavit showing a defence on the merits and a reasonable explanation for the default.

Default judgment entered irregularly (e.g., before the time for appearance expired or without proper service) may be set aside as of right, whereas a regularly entered default judgment may be set aside only on the court's discretion.

Interlocutory applications in the High Court are made by motion supported by affidavit; the motion paper states the order sought and the grounds, and the affidavit sets out the facts relied on.

A motion ex parte is made without notice to the other party and is used for urgent or preliminary relief (e.g., interim preservation orders); the court may direct that notice be given to the other side.

A motion on notice must be served on the other party at least the prescribed number of days before the hearing, and the opposing party may file a counter-affidavit and, where appropriate, a notice of opposition.

Affidavits must be confined to facts within the deponent's personal knowledge or to statements of information and belief with the source and grounds stated; opinion and legal argument are inadmissible in an affidavit.

The court may order cross-examination of a deponent on the affidavit where the facts are disputed and the resolution of the dispute is necessary for the interlocutory application.

Interlocutory orders (e.g., interlocutory injunction, appointment of a receiver, preservation of property) are discretionary and are granted on the principles of the balance of convenience, the strength of the applicant's case and the adequacy of damages.

An application for an interlocutory injunction must show a serious question to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours the applicant; the undertaking as to damages is normally required.

An interlocutory order may be varied or discharged by the court that made it, or appealed against with leave where the order is not final.

Summary judgment under the High Court rules is available where the plaintiff's claim is for a liquidated sum or for the recovery of land, and the defendant has entered an appearance but has no defence to the claim.

The application is supported by an affidavit verifying the facts and stating the belief that the defendant has no defence; the defendant may show cause by affidavit or by oral evidence at the hearing.

The court may give judgment for the plaintiff, or for the defendant if the defendant satisfies the court that the claim is unsustainable, or may give leave to defend unconditionally or on terms (e.g., payment into court).

Judgment on admissions may be entered where a party admits the whole or part of a claim in the pleadings or otherwise in writing; the court may enter judgment for the admitted amount and allow the action to proceed as to the balance.

Where the only question is one of law and the facts are not in dispute, the court may determine the question without a trial, on the basis of the pleadings and affidavits.

Discontinuance and withdrawal: a plaintiff may discontinue the action before the close of pleadings without leave, and thereafter only with the court's leave or the defendant's consent, and may be liable for costs.

The court may strike out a pleading that discloses no reasonable cause of action or defence, is scandalous, frivolous or vexatious, or is an abuse of process; the jurisdiction is exercised sparingly.

Where the parties agree, the court may refer the dispute to alternative dispute resolution and, if settled, enter judgment in terms of the settlement.

The plaintiff opens the case, calls evidence and examines witnesses in chief; the defendant may cross-examine and then call its own witnesses, with re-examination limited to matters arising in cross-examination.

Examination in chief is normally by witness statement filed and served in advance under the rules of case management; the witness adopts the statement and may be cross-examined on it.

Documentary evidence must be proved by the maker or by a person with custody; the court may admit copies where the original is unavailable for a sufficient reason, and the best evidence rule applies.

Hearsay evidence is generally inadmissible, subject to statutory exceptions and to the court's discretion; the Evidence Act, 1975 (NRCD 323) governs admissibility, relevance and weight.

The burden of proof in a civil case is on the party who asserts the existence of a fact, and the standard is the balance of probabilities; the court may draw adverse inferences from a party's failure to call a material witness.

Case management under the High Court rules requires a scheduling order fixing timelines for pleadings, discovery, witness statements and trial; non-compliance may attract sanctions including dismissal or striking out.

Discovery and inspection require a party to disclose relevant documents, and a party may apply for an order for further and better particulars, interrogatories, or production of documents.

At the close of the plaintiff's case, the defendant may submit that there is no case to answer; the court may dismiss the claim or call on the defendant to answer, and the ruling is subject to appeal.

A judgment is the court's final determination of the rights of the parties; an order is a direction of the court that is not a final judgment, and a decree is the formal expression of the judgment.

A judgment takes effect from the date it is delivered unless the court orders otherwise; the court may correct clerical mistakes or errors arising from an accidental slip or omission at any time.

Enforcement of a money judgment is by writ of fi fa (seizure and sale of goods), garnishee proceedings (attachment of debts owed to the judgment debtor), or judgment summons (committal for non-payment).

Enforcement of a judgment for possession of land is by writ of possession; enforcement of a judgment requiring a person to do or abstain from doing an act is by order of committal or sequestration.

A judgment may be enforced against a person who is not a party to the action only where that person is bound by the judgment (e.g., a privy, or a person claiming through a party).

Stay of execution may be granted by the court that gave the judgment or by the appellate court pending appeal, on such terms as to security or costs as the court thinks fit.

A judgment creditor must apply for leave to enforce a judgment more than the prescribed period after its date, and the court may refuse enforcement if the judgment debtor has satisfied the judgment.

Foreign judgments may be enforced in Ghana by registration under the applicable statute or by an action on the judgment, subject to the requirements of finality, jurisdiction of the foreign court and absence of fraud.

Appeals from the District Court lie to the Circuit Court, from the Circuit Court to the High Court, and from the High Court to the Court of Appeal; appeals from the Court of Appeal lie to the Supreme Court.

An appeal is commenced by notice of appeal filed within the prescribed time (commonly 14 days for interlocutory orders and 3 months for final judgments, subject to the rules), and the appellant must apply for the record of appeal and file the record within the prescribed time.

An appeal does not operate as a stay of execution unless the court orders a stay; the appellant may apply for a stay pending appeal.

The grounds of appeal must be stated in the notice of appeal, and the appellant may amend the grounds with the leave of the appellate court.

The appellate court may affirm, reverse or vary the decision appealed against, order a retrial, or remit the case to the lower court for further hearing.

An appeal against an interlocutory order requires leave of the court that made the order or of the appellate court, except where the order is final or where the rules provide otherwise.

Review is a reconsideration of a decision by the same court that made it, available where there is a discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason; it is not a substitute for appeal.

The Supreme Court may review its own judgments in exceptional circumstances, and the Court of Appeal may review its own decisions on grounds similar to those for review in the High Court.

Costs are in the discretion of the court, and the general rule is that costs follow the event, so that the unsuccessful party pays the successful party's costs unless the court orders otherwise.

The court may order costs to be paid on a party-and-party basis (standard basis) or on an indemnity basis where there is misconduct or a special reason.

Costs may be awarded in a fixed sum or ordered to be taxed; taxation is the process by which the taxing officer (usually the registrar) determines the amount payable.

A bill of costs must be filed and served, and the taxing officer may allow or disallow items; the taxed amount may be reviewed by the court on application.

Security for costs may be ordered where the plaintiff is resident outside the jurisdiction or where there is reason to believe the plaintiff will be unable to pay the defendant's costs.

Legal aid is available under the Legal Aid Scheme Act, 1997 (Act 542) to persons of insufficient means in civil and criminal matters, and the court may assign counsel to an unrepresented party where the interests of justice require.

A party who is granted legal aid is generally not liable for court fees and may have counsel assigned at the state's expense, subject to the scheme's means test.

Costs of an interlocutory application are usually costs in the cause, meaning they follow the final outcome, unless the court orders otherwise.

The Alternative Dispute Resolution Act, 2010 (Act 798) provides for mediation, arbitration and customary arbitration, and the High Court rules require parties to consider ADR at the case management stage.

The court may, with the consent of the parties, refer a dispute to mediation or to a mediator, and a settlement reached may be embodied in a consent judgment enforceable as a judgment of the court.

Arbitration is governed by the Act and by the rules of the arbitration institution chosen by the parties; an arbitral award may be enforced by leave of the court and may be set aside on limited grounds.

A party may apply to the court to stay proceedings where there is a valid arbitration agreement, and the court must stay the proceedings unless the arbitration agreement is null and void, inoperative or incapable of being performed.

Case management under the High Court rules includes a scheduling conference, timelines for discovery and witness statements, and a pre-trial review to narrow the issues.

Court-connected ADR and the use of registrars and masters for preliminary assessment are part of the effort to reduce delay and backlog in the courts.

A mediated settlement that is not embodied in a consent judgment may be enforced as a contract, but it does not have the status of a judgment for enforcement purposes.

The court may impose sanctions for non-compliance with case management orders, including costs, striking out pleadings, or dismissal of the action.

The prerogative writs are certiorari (quashing a decision for excess of jurisdiction or error of law on the face of the record), prohibition (preventing a tribunal from exceeding its jurisdiction), mandamus (compelling performance of a public duty), and quo warranto (inquiring into a person's right to hold public office).

Habeas corpus is a prerogative remedy for testing the legality of detention, and the court must inquire into the return to the writ.

The High Court has supervisory jurisdiction over inferior courts and tribunals, and the Supreme Court has original jurisdiction in enforcement of the Constitution and in questions of interpretation.

An application for a prerogative writ is made by motion supported by an affidavit, and the applicant must show that the body acted without jurisdiction, in breach of natural justice, or in a manner that is ultra vires.

Certiorari lies to quash a decision of an inferior court or tribunal for want of jurisdiction, breach of natural justice, or error of law apparent on the face of the record; it is discretionary and may be refused where there is an adequate alternative remedy.

Mandamus lies to compel a public body to perform a duty imposed by statute, and the applicant must show a demand and refusal.

Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction or in breach of natural justice, and may be sought before or during the proceedings.

The rules of natural justice (audi alteram partem and nemo judex in causa sua) are the common grounds for judicial review of administrative action in Ghana.

A judgment creditor may apply for a writ of fi fa to seize and sell the judgment debtor's goods, and the proceeds are applied to satisfy the judgment debt and the costs of execution.

Garnishee proceedings attach debts owed to the judgment debtor by a third party (the garnishee), and the court may order the garnishee to pay the judgment creditor directly.

A judgment summons requires the judgment debtor to appear and be examined as to means, and the court may commit the debtor to prison for wilful refusal or culpable neglect to pay.

An order for committal for contempt may be made where a party disobeys an order of the court, and the contemnor may be committed to prison or fined.

Execution against immovable property is by writ of possession or by sale under the directions of the court, and the court may order the property to be sold by public auction.

A stay of execution may be granted pending appeal, and the court may require security from the appellant.

The court may order that a judgment be enforced by equitable execution, such as the appointment of a receiver over the judgment debtor's property.

A judgment may be enforced against a person who is not a party where that person is bound by the judgment, such as a privy or a person claiming through a party.

The court may order costs to be paid on a party-and-party basis (standard basis) or on an indemnity basis where there is misconduct or a special reason.

Costs may be awarded in a fixed sum or ordered to be taxed; taxation is the process by which the taxing officer (usually the registrar) determines the amount payable.

A bill of costs must be filed and served, and the taxing officer may allow or disallow items; the taxed amount may be reviewed by the court on application.

Security for costs may be ordered where the plaintiff is resident outside the jurisdiction or where there is reason to believe the plaintiff will be unable to pay the defendant's costs.

Legal aid is available under the Legal Aid Scheme Act, 1997 (Act 542) to persons of insufficient means in civil and criminal matters, and the court may assign counsel to an unrepresented party where the interests of justice require.

A party who is granted legal aid is generally not liable for court fees and may have counsel assigned at the state's expense, subject to the scheme's means test.

Costs of an interlocutory application are usually costs in the cause, meaning they follow the final outcome, unless the court orders otherwise.

The court may order a party to pay costs personally where the party's conduct has caused unnecessary expense or delay.

An appeal is commenced by notice of appeal filed within the prescribed time (commonly 14 days for interlocutory orders and 3 months for final judgments, subject to the rules), and the appellant must apply for the record of appeal and file the record within the prescribed time.

An appeal does not operate as a stay of execution unless the court orders a stay; the appellant may apply for a stay pending appeal.

The grounds of appeal must be stated in the notice of appeal, and the appellant may amend the grounds with the leave of the appellate court.

The appellate court may affirm, reverse or vary the decision appealed against, order a retrial, or remit the case to the lower court for further hearing.

An appeal against an interlocutory order requires leave of the court that made the order or of the appellate court, except where the order is final or where the rules provide otherwise.

Review is a reconsideration of a decision by the same court that made it, available where there is a discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason; it is not a substitute for appeal.

The Supreme Court may review its own judgments in exceptional circumstances, and the Court of Appeal may review its own decisions on grounds similar to those for review in the High Court.

The record of appeal must contain the pleadings, the evidence, the judgment and the grounds of appeal, and the appellant must file the record within the prescribed time or the appeal may be struck out.

Order 15 of the High Court (Civil Procedure) Rules, C.I. 47 governs joinder of parties: all persons who may be jointly entitled or jointly liable should be joined, and misjoinder or non-joinder does not defeat an action but is corrected by amendment or by the court's direction.

A plaintiff must have a personal legal interest in the relief sought; a person suing on behalf of others must satisfy the representative action conditions (same interest, common question, and adequate representation).

A party lacking capacity (minor, person of unsound mind) sues or is sued through a guardian ad litem or next friend, whose appointment requires the court's approval.

Two or more causes of action may be joined in one action where they arise from the same transaction or series of transactions and the same parties; the court may order separate trials if joinder causes prejudice or delay.

Every pleading must contain a statement of all material facts on which the party relies, but not the evidence by which they are to be proved; conclusions of law may be pleaded if the facts supporting them are stated.

The statement of claim is the plaintiff's pleading; the statement of defence must deal with each allegation, either admitting, denying or requiring proof, and must plead any special defence (limitation, contributory negligence, fraud, estoppel).

A reply is only necessary where the defence raises a new fact or a counterclaim; a counterclaim is a separate claim by the defendant and requires a defence to it by the plaintiff.

Amendment of pleadings is permitted at any stage to determine the real question in controversy, subject to the court's discretion and to the rule that amendment should not cause injustice that cannot be compensated by costs.

Personal service is the primary mode: the writ must be delivered to the defendant personally, or left at the defendant's last known place of abode or business with a person of suitable age and discretion.

Where personal service is impracticable, the court may order substituted service (advertisement, service on a solicitor, or such other mode as the court directs) upon an affidavit showing the attempts made.

Service on a company is effected by leaving the document at its registered office or by serving a director, secretary or other principal officer; service on a partnership may be on a partner or at the principal place of business.

Service outside the jurisdiction requires the court's leave, supported by an affidavit showing the ground for service out of the jurisdiction and that the claim has a real and substantial connection with Ghana.

Proof of service is by affidavit of service sworn by the person who served the document, exhibiting the original or a copy of the document served and stating the mode, date, place and person served.

Where a defendant fails to enter appearance or to file a defence within the prescribed time, the plaintiff may apply for judgment in default; default judgment is not available where the claim is for a liquidated sum exceeding the prescribed limit without the court's leave, or in certain actions such as those for recovery of land or matrimonial causes.

A default judgment may be set aside by the court on such terms as to costs or otherwise as it thinks just, on application supported by an affidavit showing a defence on the merits and a reasonable explanation for the default.

Default judgment entered irregularly (e.g., before the time for appearance expired or without proper service) may be set aside as of right, whereas a regularly entered default judgment may be set aside only on the court's discretion.

Interlocutory applications in the High Court are made by motion supported by affidavit; the motion paper states the order sought and the grounds, and the affidavit sets out the facts relied on.

A motion ex parte is made without notice to the other party and is used for urgent or preliminary relief (e.g., interim preservation orders); the court may direct that notice be given to the other side.

A motion on notice must be served on the other party at least the prescribed number of days before the hearing, and the opposing party may file a counter-affidavit and, where appropriate, a notice of opposition.

Affidavits must be confined to facts within the deponent's personal knowledge or to statements of information and belief with the source and grounds stated; opinion and legal argument are inadmissible in an affidavit.

The court may order cross-examination of a deponent on the affidavit where the facts are disputed and the resolution of the dispute is necessary for the interlocutory application.

Interlocutory orders (e.g., interlocutory injunction, appointment of a receiver, preservation of property) are discretionary and are granted on the principles of the balance of convenience, the strength of the applicant's case and the adequacy of damages.

An application for an interlocutory injunction must show a serious question to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours the applicant; the undertaking as to damages is normally required.

An interlocutory order may be varied or discharged by the court that made it, or appealed against with leave where the order is not final.

Summary judgment under the High Court rules is available where the plaintiff's claim is for a liquidated sum or for the recovery of land, and the defendant has entered an appearance but has no defence to the claim.

The application is supported by an affidavit verifying the facts and stating the belief that the defendant has no defence; the defendant may show cause by affidavit or by oral evidence at the hearing.

The court may give judgment for the plaintiff, or for the defendant if the defendant satisfies the court that the claim is unsustainable, or may give leave to defend unconditionally or on terms (e.g., payment into court).

Judgment on admissions may be entered where a party admits the whole or part of a claim in the pleadings or otherwise in writing; the court may enter judgment for the admitted amount and allow the action to proceed as to the balance.

Where the only question is one of law and the facts are not in dispute, the court may determine the question without a trial, on the basis of the pleadings and affidavits.

Discontinuance and withdrawal: a plaintiff may discontinue the action before the close of pleadings without leave, and thereafter only with the court's leave or the defendant's consent, and may be liable for costs.

The court may strike out a pleading that discloses no reasonable cause of action or defence, is scandalous, frivolous or vexatious, or is an abuse of process; the jurisdiction is exercised sparingly.

Where the parties agree, the court may refer the dispute to alternative dispute resolution and, if settled, enter judgment in terms of the settlement.

The plaintiff opens the case, calls evidence and examines witnesses in chief; the defendant may cross-examine and then call its own witnesses, with re-examination limited to matters arising in cross-examination.

Examination in chief is normally by witness statement filed and served in advance under the rules of case management; the witness adopts the statement and may be cross-examined on it.

Documentary evidence must be proved by the maker or by a person with custody; the court may admit copies where the original is unavailable for a sufficient reason, and the best evidence rule applies.

Hearsay evidence is generally inadmissible, subject to statutory exceptions and to the court's discretion; the Evidence Act, 1975 (NRCD 323) governs admissibility, relevance and weight.

The burden of proof in a civil case is on the party who asserts the existence of a fact, and the standard is the balance of probabilities; the court may draw adverse inferences from a party's failure to call a material witness.

Case management under the High Court rules requires a scheduling order fixing timelines for pleadings, discovery, witness statements and trial; non-compliance may attract sanctions including dismissal or striking out.

Discovery and inspection require a party to disclose relevant documents, and a party may apply for an order for further and better particulars, interrogatories, or production of documents.

At the close of the plaintiff's case, the defendant may submit that there is no case to answer; the court may dismiss the claim or call on the defendant to answer, and the ruling is subject to appeal.

A judgment is the court's final determination of the rights of the parties; an order is a direction of the court that is not a final judgment, and a decree is the formal expression of the judgment.

A judgment takes effect from the date it is delivered unless the court orders otherwise; the court may correct clerical mistakes or errors arising from an accidental slip or omission at any time.

Enforcement of a money judgment is by writ of fi fa (seizure and sale of goods), garnishee proceedings (attachment of debts owed to the judgment debtor), or judgment summons (committal for non-payment).

Enforcement of a judgment for possession of land is by writ of possession; enforcement of a judgment requiring a person to do or abstain from doing an act is by order of committal or sequestration.

A judgment may be enforced against a person who is not a party to the action only where that person is bound by the judgment (e.g., a privy, or a person claiming through a party).

Stay of execution may be granted by the court that gave the judgment or by the appellate court pending appeal, on such terms as to security or costs as the court thinks fit.

A judgment creditor must apply for leave to enforce a judgment more than the prescribed period after its date, and the court may refuse enforcement if the judgment debtor has satisfied the judgment.

Foreign judgments may be enforced in Ghana by registration under the applicable statute or by an action on the judgment, subject to the requirements of finality, jurisdiction of the foreign court and absence of fraud.

The Alternative Dispute Resolution Act, 2010 (Act 798) provides for mediation, arbitration and customary arbitration, and the High Court rules require parties to consider ADR at the case management stage.

The court may, with the consent of the parties, refer a dispute to mediation or to a mediator, and a settlement reached may be embodied in a consent judgment enforceable as a judgment of the court.

Arbitration is governed by the Act and by the rules of the arbitration institution chosen by the parties; an arbitral award may be enforced by leave of the court and may be set aside on limited grounds.

A party may apply to the court to stay proceedings where there is a valid arbitration agreement, and the court must stay the proceedings unless the arbitration agreement is null and void, inoperative or incapable of being performed.

Case management under the High Court rules includes a scheduling conference, timelines for discovery and witness statements, and a pre-trial review to narrow the issues.

Court-connected ADR and the use of registrars and masters for preliminary assessment are part of the effort to reduce delay and backlog in the courts.

A mediated settlement that is not embodied in a consent judgment may be enforced as a contract, but it does not have the status of a judgment for enforcement purposes.

The court may impose sanctions for non-compliance with case management orders, including costs, striking out pleadings, or dismissal of the action.

The prerogative writs are certiorari (quashing a decision for excess of jurisdiction or error of law on the face of the record), prohibition (preventing a tribunal from exceeding its jurisdiction), mandamus (compelling performance of a public duty), and quo warranto (inquiring into a person's right to hold public office).

Habeas corpus is a prerogative remedy for testing the legality of detention, and the court must inquire into the return to the writ.

The High Court has supervisory jurisdiction over inferior courts and tribunals, and the Supreme Court has original jurisdiction in enforcement of the Constitution and in questions of interpretation.

An application for a prerogative writ is made by motion supported by an affidavit, and the applicant must show that the body acted without jurisdiction, in breach of natural justice, or in a manner that is ultra vires.

Certiorari lies to quash a decision of an inferior court or tribunal for want of jurisdiction, breach of natural justice, or error of law apparent on the face of the record; it is discretionary and may be refused where there is an adequate alternative remedy.

Mandamus lies to compel a public body to perform a duty imposed by statute, and the applicant must show a demand and refusal.

Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction or in breach of natural justice, and may be sought before or during the proceedings.

The rules of natural justice (audi alteram partem and nemo judex in causa sua) are the common grounds for judicial review of administrative action in Ghana.