CIVIL PROCEDURE

Relevant Instruments

CI 47 – High Court (Civil Procedure) Rules 2004 principal rules
CI 87-High Court (Civil Procedure) Rules 2014
– Order 32 amended to allow for case management after application for directions are done.
– Order 34 amended to provide for hearing notice to be issued at least a month before the trial
– Order 38 amended to allow testimony by video link
-Order 38 amended to mandate the use of witness statements.
-Order 41 amended to allow for delivery of judgement by video link
CI 122- High Court (Civil Procedure) (Amendment) Rules, 2019
-Allowed for the electronic service of processes
However note that two decided cases permitted service of processes via electronic means-
IFS Financial Services Limited v. Jonathan Mensah & Anor. Suit No. GJ563/2017– Via Facebook
Kwabena Ofori Addo v. Hidalgo Energy and Julian Gyimah. Suit No. AC/198/2015 – Via Whatsapp
CI 133- High Court (Civil Procedure) (Amendment) Rules, 2020
-Order 32 is amended, and makes it mandatory for the court to enquire if a settlement by Alternative Dispute Resolution is possible prior to application for directions. Allows for settlements to be entered as judgment.
-Order 42 is revoked. It granted a review jurisdiction to the High Court & Circuit Court
-Order 51 is amended, relative to appeals from the District Court. Rules now provide that any application for stay of execution should now be made on notice at the High Court.
-Order 58 is completely amended and renamed “Commercial Actions” and attempts at settlement between parties made mandatory, among other things.