Ghana School of Law PLC: Civil Procedure (GLC) key terms

The legal authority of a court to hear and determine a particular dispute, determined by the parties involved, the subject matter, the geographical area, and the monetary value of the claim.

The specific geographical location or court station where a civil action should properly be filed and heard, usually determined by where the defendant resides or where the cause of action arose.

The set of facts and legal grounds that give a person the right to seek a judicial remedy against another, forming the factual and legal basis of a claim in a writ.

The right or capacity of a person to bring an action before a court because they have a sufficient legal interest in the subject matter of the dispute.

The procedural process of adding additional claimants or defendants to an existing action where they share a common interest or where their presence is necessary for a complete determination of the matter.

A person whose presence before the court is essential for the court to effectually and completely adjudicate upon and settle all questions involved in the suit.

A person whose presence is not essential to the determination of the suit but whose addition would enable the court to effectually and completely adjudicate upon all matters in dispute.

Formal written statements by each party setting out their respective claims and defences, including the writ of summons, statement of claim, statement of defence, and any replies.

The plaintiff's pleading that sets out the material facts relied upon, the cause of action, and the relief or remedy sought from the defendant.

The originating process by which a civil action is commenced, requiring the defendant to appear and answer the plaintiff's claim within a specified period.

The formal delivery or notification of legal documents, such as a writ of summons, to a party in an action, ensuring they have notice of proceedings against them.

An alternative method of serving process ordered by the court when personal service cannot be effected, such as by advertisement in a newspaper or affixing the document to the defendant's premises.

A judgment entered in favour of the plaintiff when the defendant fails to file an appearance or a defence within the prescribed time, without a full trial on the merits.

The process by which a court cancels or nullifies a judgment or order, often applied to default judgments where the defendant shows a good defence and a reasonable excuse for the default.

A request made to the court for an order or direction during the pendency of an action, before the final determination of the substantive dispute between the parties.

A formal application to the court for a ruling or order, supported by an affidavit and often accompanied by a statement of the grounds upon which the application is brought.

A written statement of facts sworn or affirmed on oath by a deponent, used as evidence in interlocutory proceedings and support of motions before the court.

A procedural device allowing a claimant to obtain judgment without a full trial where the defendant has no real prospect of successfully defending the claim and there is no other compelling reason for trial.

A judgment entered in favour of a party where the opposing party has expressly admitted the claim or the facts giving rise to liability, thereby dispensing with the need for proof.

The judicial supervision of the progress of a case from commencement to disposal, including the setting of timetables, the control of interlocutory applications, and the promotion of settlement.

A meeting between the parties and the judge before trial to clarify issues, encourage settlement, and give directions on the conduct of the trial and the evidence to be adduced.

The final decision of a court determining the rights and obligations of the parties in an action, which may be delivered orally or in writing.

The formal expression of the court's adjudication on a claim, embodying the relief granted and capable of being enforced against the party against whom it is made.

A direction or command of a court that is not a final judgment, often made in interlocutory proceedings and enforceable in the same manner as a judgment.

The process of enforcing a judgment or order of the court by seizing and selling the property of the judgment debtor or by other means authorised by law.

A method of enforcing a money judgment by attaching debts owed to the judgment debtor by a third party, such as a bank, and requiring that third party to pay the judgment creditor.

The process by which a party dissatisfied with a decision of a court seeks a review and reversal of that decision by a higher court with appellate jurisdiction.

A re-examination of a decision by the same court that made it, usually on the ground of an error apparent on the face of the record or the discovery of new evidence.

An order suspending the enforcement of a judgment or order, often granted pending the determination of an appeal or review application.

The expenses incurred in litigation, including court fees and legal fees, which the court may order one party to pay to another as a consequence of the proceedings.

The process by which the court assesses and determines the amount of costs payable by one party to another, ensuring that the sums claimed are reasonable and properly incurred.

Financial assistance provided by the state to persons of limited means to enable them to access legal representation and the courts in civil and criminal proceedings.

Methods of resolving disputes outside the formal court system, including negotiation, mediation, and arbitration, often encouraged by courts to reduce congestion and promote settlement.

A voluntary and confidential process in which a neutral third party facilitates communication between disputing parties to help them reach a mutually acceptable settlement agreement.

A special court order, historically issued by the sovereign, used to control the actions of public authorities, including certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

A prerogative writ issued by a superior court to quash a decision of an inferior court or tribunal on the ground of excess of jurisdiction, error of law on the face of the record, or breach of natural justice.

A prerogative writ commanding a public authority or inferior tribunal to perform a public duty that it is legally obliged to perform and has failed or refused to carry out.

A prerogative writ directed to an inferior court or tribunal to prevent it from exceeding its jurisdiction or acting contrary to law in proceedings before it.

A common law doctrine allowing a court to decline jurisdiction over a matter where another forum is more appropriate and convenient for the interests of the parties and the ends of justice.