Ghana School of Law PLC: Civil Procedure (GLC) flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Unlimited High Court jurisdiction

Under Article 140 of the 1992 Constitution the High Court has original jurisdiction in all civil matters, subject only to the Constitution and to any statute conferring jurisdiction on inferior courts.

Commencement by writ

An action in the High Court is commenced by issuing a writ of summons, which must be accompanied or followed by a statement of claim within the time prescribed by the rules.

Originating summons use

Originating summons is the proper process where the facts are not substantially in dispute and the court is asked to construe a document, determine a question of law, or grant relief of an administrative character.

Representative action conditions

A representative action requires that the persons represented have the same interest in the proceedings, that there be a common question of law or fact, and that the representative adequately protect their interests.

Joinder of causes of action

Two or more causes of action may be joined where they arise out of the same transaction or series of transactions and involve the same parties, subject to the court ordering separate trials to avoid prejudice.

Substituted service order

Where personal service cannot reasonably be effected, the court may order substituted service by advertisement, by delivery to a solicitor, or in another manner, on affidavit evidence of the attempts made.

Affidavit of service

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

Setting aside default judgment

A regularly entered default judgment may be set aside on the court's discretion where the applicant shows a defence on the merits and a reasonable explanation for the default, usually on terms as to costs.

Ex parte motion

An ex parte motion is made without notice to the opposing party, is used for urgent or preliminary relief, and may be discharged or varied on application by the party affected.

Affidavit content limits

An affidavit may contain only facts within the deponent's knowledge or statements of information and belief with the source and grounds stated; it may not contain legal argument or opinion.

Interlocutory injunction test

The applicant must show a serious question to be tried, that damages would not adequately compensate, and that the balance of convenience favours the injunction, usually with an undertaking as to damages.

Summary judgment basis

Summary judgment is available where the defendant has entered appearance but has no defence to a claim for a liquidated sum or for recovery of land, and the plaintiff verifies the facts by affidavit.

Leave to defend

On a summary judgment application the court may give the defendant leave to defend unconditionally, or on terms such as payment into court or security for costs.

Judgment on admissions

Where a party admits the whole or part of a claim in the pleadings or in writing, the court may enter judgment for the admitted amount and allow the action to continue for the balance.

Balance of probabilities

In civil proceedings the party asserting a fact must prove it on the balance of probabilities, meaning it is more likely than not that the fact is true.

Witness statement adoption

Under case management the witness statement is filed and served in advance, and at trial the witness adopts it as examination in chief and may then be cross-examined on its contents.

No case to answer

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

Writ of fi fa

A writ of fieri facias commands the enforcement officer to seize and sell the judgment debtor's goods and apply the proceeds to satisfy the judgment debt and the costs of execution.

Garnishee proceedings

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

Stay of execution pending appeal

The court that gave judgment, or the appellate court, may stay execution pending appeal on such terms as to security or costs as it considers just.

Notice of appeal time

An appeal is commenced by filing a notice of appeal within the time prescribed by the rules, commonly fourteen days for interlocutory orders and three months for final judgments.

Grounds of appeal

The notice of appeal must state the grounds on which the appellant challenges the decision, and the appellate court may allow amendment of the grounds with leave.

Review versus appeal

Review is a reconsideration by the same court on grounds such as discovery of new matter or an error apparent on the record, and is not a substitute for an appeal to a higher court.

Costs follow the event

The general rule is that the unsuccessful party pays the successful party's costs, although costs remain in the discretion of the court and may be ordered otherwise.

Taxation of costs

Taxation is the process by which the taxing officer examines a bill of costs, allows or disallows items, and determines the amount payable, subject to review by the court.

Legal aid eligibility

Under the Legal Aid Scheme Act, 1997 (Act 542), legal aid is available to persons of insufficient means in civil and criminal matters, subject to a means test.

Stay for arbitration

Where there is a valid arbitration agreement, the court must stay the proceedings on application unless the agreement is null and void, inoperative or incapable of being performed.

Consent judgment from mediation

A mediated settlement may be embodied in a consent judgment, which is then enforceable as a judgment of the court in the same manner as any other judgment.

Certiorari purpose

Certiorari lies to quash a decision of an inferior court or tribunal for want of jurisdiction, breach of natural justice, or an error of law apparent on the face of the record.

Mandamus requirements

Mandamus compels a public body to perform a statutory duty, and the applicant must show that a demand was made and refused and that there is no adequate alternative remedy.

Natural justice rules

The rules of natural justice require that a person affected by a decision be given a fair hearing (audi alteram partem) and that the decision-maker be unbiased (nemo judex in causa sua).

Judgment summons

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