Legal Notes

Parliamentary Elections Disputes S 17 of Representation of the People’s Law 1992 (PNDCL 284) electoral disputes of parliamentary election must be determined by HC, petition presented to HC within 21 days from publication of results in gazette, petition may be by person who voted or is entitled to vote at said election, who has right […]

O 66 court with jurisdiction where deceased had at time of death a fixed place of abode, where died outside with no fixed place of abode in Gh court in area where any of his properties may be found. Court may make interim orders to preserve or discover properties within its jurisdiction upon ex parte

Commences by filing notice of appeal containing grounds of appeal at registry of court giving judgement and registrar prepare a record of appeal, parties to the action and persons not parties but adversely affected by judgement may appeal, party in whose favour judgement is given can cross-appeal for variation, termed application to vary judgement and

O 42 person aggrieved by CC or HC decision shall apply to judge who gave judgement or order for review, order shouldn’t be subject of an appeal, by originating motion supported by affidavit stating grounds, discovery of new matter or evidence which after due diligence wasn’t within one’s knowledge or couldn’t be produced at time

1st thing judgement creditor files after judgement is given ‘judgement after trial’ or ‘entry of judgement’ served on debtor and failure to satisfy judgement debt, entitles creditor to start execution. Notice of appeal may be filed after judgement but this doesn’t stay execution of judgement, it is only stayed upon application on notice to the

O 33 & 34Conducted by hearing parties and their witnesses, planned during application for directions, court determine place, mode of trial, issues for trial or order determination of issues of law and mixed law and fact separately before main trial, fix date within which registrar is to fix case for hearing, registrar serves parties hearing

Discovery and Inspection: O 21 process where a party may compel the disclosure of important documentary evidence in possession of unwilling opponent, since disclosure may adversely affect opponent’s case, to enable party adequately prepare sufficiently for trial. 3 types: disclosure, inspection and production of important information in writing in his custody, to adversary or court,

O 19 made in course of pending proceedings, commonly called interlocutory applications, follow events in proceedings and entitles one to relief in respect thereof, contentious application made in open court whilst non-contentious in chambers since no arguments. Applications are made through motions Motions: application to court for order directing something to be done in applicant’s

A party cannot be compelled to litigate and may withdraw or discontinue the action. SC held that no court can force a person to litigate per Republic v HC Ex Parte Asakum Engineering & Construction Ltd. A P may discontinue upon realisation that case may not succeed, and such terminates court’s authority over case per

O 16 Party may amend pleading without leave before pleadings end and served on all parties on other side, after pleadings close amend with leave which is in court’s discretion. Party bound by his pleadings whether an error detected or new facts discovered. O 81r1 allows amendment for non-compliance with rules and O 4 amendment