Notes in ‘CI 47 High Court (Civil

Procedure) Rules [C.I. 47]’

Highlight:
(CIVIL PRO-Marful [Link], p.34)

Highlight: : Under Order 2 r 3 (3) a plaintiff suing for a liquidated claim is required to
endorse on the writ a statement that the action will be stayed if within the
time limited for appearance the defendant pays the amount claimed either to
the plaintiff or his lawyer or paid into court if the plaintiff is resident outside
the jurisdiction. An omission to state this on the writ is not fatal and can be
cured under Order 81 of CI 47
(CIVIL PRO-Marful [Link], p.36)

Excerpt: [No content]

Highlight:
(CIVIL PRO-Marful [Link], p.37)

Highlight: : The rule that a plaintiff must seek leave before issuing a writ notice of which
will be served outside the jurisdiction is a condition that must be complied
with SO long as the address of the defendant endorsed on the Writ is
outside the jurisdiction of the court. When a Plaintiff defaults in seeking leave
of the court before issuing such a writ, an objection should be taken
promptly. The law is that if the objection is not taken promptly and a fresh
step is taken after the service of the defective Writ, the default becomes a
mere irregularity and will not nullify the proceedings. See the case of
Friesland Frico Domo alias Friesland Foods B.V v. Dachel Co. Ltd [2012] l
SCGLR 41.
(CIVIL PRO-Marful [Link], p.39)

Highlight: : For a writ of summons to be competent it must be endorsed with a

Highlight: : A writ not served within the first 12 months may be renewed from time to
time by an order of the court for a period not exceeding 12 months. A
concurrent writ shall be valid for the period that the original writ remains
valid. An application to renew the writ shall be supported by an Affidavit
showing all the circumstance relied on
(CIVIL PRO-Marful [Link], p.40)

Highlight: : The general position of the law is that a court has no jurisdiction to proceed
against a party who had not been a served, as held in the case of Barclays
Bank of Ghana Ltd. Vo Ghana Cables Co. Ltd [1998-99] SCGLR1. A writ is
to be served personally on every Defendant named in the writ unless the
Rules provide otherwise.
(CIVIL PRO-Marful [Link], p.45)

Highlight: : impracticable or will cause an undue delay in the proceedings, the court, on
application, will order for substituted service.
(CIVIL PRO-Marful [Link], p.49)

Highlight: : Judgement
(CIVIL PRO-Marful [Link], p.153)