Civil Procedure in Ghana case law.
304 passages under 38 sub-areas. Open a sub-area to read what the courts said, point by point.
Open in the Research toolAdjournments
6 passages · 4 cases
Affidavit evidence
2 passages · 2 cases
Amendment
5 passages · 4 cases
- Amendment of a claim to add a declaration of title where no new evidence is needed
- Amendment of the title of a suit to state the capacity of the parties
- Amendment on appeal to determine the real controversy
- Duty of the court to allow amendments to determine the real questions in controversy
- Effect of failure to file an amended pleading within the time limited
Appeals
106 passages · 45 cases
- Abandonment of a ground of appeal not argued
- Amending a notice of appeal to add grounds of law
- Appeal by way of rehearing
- Appeal filed without special leave
- Appeal from a decision of a tax or administrative authority through the High Court
- Appeal from a lower court’s appellate decision
- Appeal from an order assessing damages after judgment on liability
- Applications for special leave
- and 32 more points
Applications
2 passages · 1 case
Assessors in civil trials
1 passage · 1 case
Contempt of court
12 passages · 3 cases
- Bench warrant against a respondent who fails to appear
- Conduct prejudicing a pending application
- Duty to order the alleged contemnor to show cause
- Exercise of the power to punish for contempt
- Meaning of contempt of court
- Practice direction: procedure where the court cites a person for contempt
- Proof of contempt on conflicting affidavits
- Summons to show cause before a warrant of arrest
- and 1 more points
Costs
3 passages · 2 cases
Declaratory judgments
3 passages · 1 case
Exclusivity of a statutory remedy
4 passages · 2 cases
Execution of judgments
5 passages · 3 cases
- Certificate of purchase at an execution sale as evidence of title
- Change of the mode of execution without leave
- Duty of a lower court directed by the Supreme Court to enforce its judgment
- Effect of execution issued in breach of a statutory stay
- Irregular sale in execution distinguished from an illegal sale
Extension of time
4 passages · 2 cases
Interlocutory injunctions
18 passages · 3 cases
- Effect of a claim for declaratory relief nullifying the impugned act
- Effect of a pending application on a public duty bearer
- Jurisdiction of the High Court to grant an interlocutory injunction
- Requirements for the grant of an interlocutory injunction
- Threshold for an injunction against the exercise of a constitutional or statutory function
- Urgent applications for an injunction in the Supreme Court
Judgment on admission
5 passages · 1 case
Jurisdiction
13 passages · 5 cases
- Conferring jurisdiction by agreement or acquiescence
- Consequential orders on the dismissal of an action
- Effect of an administrative directive on the jurisdiction of a court
- Effect of proceedings commenced in breach of a mandatory statutory requirement
- Jurisdiction distinguished from venue
- Power of a court to determine its own jurisdiction
- Rules of court do not confer jurisdiction
- Source of a court's jurisdiction
Limitation of actions
7 passages · 5 cases
- Action on a judgment
- Actions founded on contract
- Adverse possession and extinction of the owner’s title
- Application of the Real Property Limitation Act, 1833 in Ghana
- Burden of proving an exception to limitation
- Effect of a finding that an action is statute-barred
- Time running against an administrator's claim
Non-compliance with rules of court
14 passages · 11 cases
Nullity of proceedings
4 passages · 3 cases
Originating motions
1 passage · 1 case
Parties
27 passages · 10 cases
- Capacity distinguished from locus standi
- Capacity to sue and its indorsement on the writ
- Capacity to sue for family property
- Capacity to sue of the members of an unincorporated association
- Capacity to sue raised for the first time on appeal
- Effect of non-service on a person who is not a party
- Effect on a pending suit of a stool occupant ceasing to hold office
- Letters of administration as a condition for suing for a deceased’s property
- and 8 more points
Pleadings
12 passages · 8 cases
- Adjudicating on a matter not raised in the pleadings
- Ascertaining the claim where there are no pleadings
- Ascertaining the issues where there are no pleadings
- Averment of ownership in an action for trespass
- Departure from the pleaded case
- Particulars of fraud
- Parties bound by their pleadings
- Reply to plead new facts in answer to a defence of limitation
Representative actions
3 passages · 1 case
Request to admit facts
5 passages · 1 case
Res judicata
12 passages · 3 cases
- Basis of the doctrine and requirement of identity of the matter in dispute
- Burden and mode of proving identity of the cause of action
- Cause of action estoppel and issue estoppel distinguished
- Effect of an earlier declaration of possessory title on later claims against the stool
- Issue that might have been but was not raised in the earlier suit
- Judgment obtained by fraud as an answer to res judicata
- Judgment on a whole tract as binding on a portion of it
- Use of evidence in the earlier proceedings on a plea of res judicata
Review jurisdiction of the Supreme Court
6 passages · 3 cases
Service of process
4 passages · 3 cases
Set-off and counterclaim
2 passages · 2 cases
Stay of execution
2 passages · 2 cases
Striking out pleadings
3 passages · 1 case
Summons for directions
1 passage · 1 case
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