Every court document — when you reach for it, the shape it takes, and how to draft each part from memory.
Which document, and the shape it takes — the whole drafting course on one map. Find the document you need, then turn to its card for the when, the format and the per-part hooks.
From the writ that opens the suit to the reply that closes the pleadings — including how a defendant appears.
The originating process.
Under the CROWN, the PARTIES receive an ADDRESS; a RECITAL becomes a COMMAND, sealed with a WARNING — beneath which the INDORSEMENT sets out the claim.
The plaintiff's story and prayer for relief.
Under the COURT, the PARTIES open a HEADING; AVERMENTS build the case, RELIEF claims the remedy, sealed by a SIGNATURE.
Where the representative capacity actually shows on a writ. There is no "Representative Action" heading. The bracketed line in the title, the separate indorsement as to capacity (Order 2 r 4), and carrying it through every pleading (Salifu; Nkuah).
Under the COURT, the TITLE names the suer and the hat he wears; the writ states its CLAIM, then swears the CAPACITY — which must be CARRIED THROUGH every later pleading.
The defendant signals intent to defend. Not a defence, that comes later.
Under the COURT, the PARTIES meet a HEADING; the NOTICE enters appearance, a SIGNATURE seals it, the CERTIFICATE proves it filed.
Appearing without submitting. To challenge jurisdiction or service (Order 9 r 7). The catch: it counts as unconditional unless you follow up with an Order 9 r 8 application within 14 days.
Under the COURT, the PARTIES meet at a HEADING; a NOTICE enters appearance under protest, a SIGNATURE gives an address for service, and a CERTIFICATE records it on the file.
The defendant's answer. General traverse, then paragraph-by-paragraph admissions and denials.
Under the COURT, the PARTIES face a HEADING; a TRAVERSE denies, ANSWERS specify, sealed by a SIGNATURE.
When the defendant has its own claim back. Watch the parties block double up after "AND BY WAY OF COUNTERCLAIM" — roles flip, a new party joins.
Under the COURT, the PARTIES double up at a HEADING; a DEFENCE guards, a COUNTERCLAIM strikes back, sealed by a SIGNATURE.
The pleadings close where they began. The Plaintiff answers back in one document. Note there is NO role-flip: a Reply joins issue, it does not attack.
Under the COURT, the PARTIES stand unflipped at a HEADING; a REPLY joins issue, a DEFENCE TO COUNTERCLAIM denies the cross-claim, sealed by a SIGNATURE.
A shield pleaded inside the Defence. Set off a cross-sum the plaintiff owes against the plaintiff's claim (same parties, same right, same capacity). The same money may also be a counterclaim.
The PLEA raises the set-off, the PARTICULARS prove the cross-sum, the LINK ties it to the counterclaim.
Getting the writ to a defendant who dodges service, or who is abroad — both brought ex parte.
The first ex parte document. When a defendant dodges personal service of the writ (Order 7 r 6). Made without notice, so it has no "AND TO" service line.
Under the COURT, the PARTIES show a Plaintiff/Applicant and a bare Defendant (no Respondent) at a HEADING; a MOTION ex parte prays for substituted service, a HEARING date calls the court, sealed by a SIGNATURE with no service line.
Proves the gateway. Three failed attempts at personal service and an evasive defendant (Exhibit A). On an ex parte motion the deponent owes full and frank disclosure.
Under the COURT, the PARTIES wear double labels at a HEADING; an OATH names the deponent, the GROUNDS prove the failed attempts at service, sworn shut by a JURAT.
When the defendant is abroad. You cannot serve the writ overseas, only notice of it, with leave (Order 8). A second ex parte document: no "AND TO" line; prays for leave + time to appear + airmail.
Under the COURT, the PARTIES reach a defendant abroad at a HEADING; a MOTION ex parte prays for leave to serve notice abroad, a HEARING date calls the court, sealed by a SIGNATURE with no service line.
Must show where the defendant is, a good cause of action, and a proper case within Order 8 r 3 (contract made through a Ghanaian agent).
Under the COURT, the PARTIES reach a defendant abroad at a HEADING; an OATH names the deponent, the GROUNDS show a good cause and a proper case for serving out, sworn shut by a JURAT.
Knock the case — or a hopeless defence — out early: strike out, summary judgment, and judgment in default of appearance or of defence.
The early exit. A defendant moves to throw out a claim that discloses no reasonable cause of action (Order 11 r 18). Labels reverse (Plaintiff–Respondent / Defendant–Applicant) and the title goes multi-party.
Under the COURT, the PARTIES reverse their labels at a HEADING; a TAKE NOTICE prays to strike out the claim, a HEARING date calls the court, sealed by a SIGNATURE.
Frames the pleading. Agent of a disclosed principal, so the claim shows no cause of action against him. Note Order 11 r 18(2): on that ground no evidence is admissible.
Under the COURT, the PARTIES reverse their labels at a HEADING; an OATH names the deponent, the GROUNDS show no claim lies against him, sworn shut by a JURAT.
The shortcut to judgment without trial where the defendant has no real defence (Order 14 r 1). The motion sets out the reliefs sought — watch the four-clear-days service rule.
Under the COURT, the PARTIES wear double labels at a HEADING; a TAKE NOTICE prays for judgment now, a HEARING date calls the court, sealed by a SIGNATURE.
The heart of the application. It verifies the facts and swears there is no defence (Order 14 r 2(2)).
Under the COURT, the PARTIES wear double labels at a HEADING; an OATH names the deponent, the GROUNDS verify the claim and swear there is no defence, sworn shut by a JURAT.
The defendant's answer. disclose a fairly arguable defence (Sam Jonah), exhibit the proof, never a bare denial, and pray for unconditional leave to defend.
Under the COURT, the DEPONENT meets a TITLE; the DEFENCE is disclosed and exhibited, the PRAYER asks for leave to defend, the JURAT swears it true.
The twin of default of defence. But here the defendant never appeared at all (Order 10). Ex parte; final judgment for a liquidated claim.
Under the COURT, the PARTIES wear double labels at a HEADING; a MOTION ex parte prays for judgment in default of appearance, a HEARING date calls the court, sealed by a SIGNATURE.
Proves due service (the linchpin. Order 10 r 6) and the failure to appear, with a registry search as Exhibit A.
Under the COURT, the PARTIES wear double labels at a HEADING; an OATH names the deponent, the GROUNDS prove due service and the failure to appear, sworn shut by a JURAT.
The sibling of summary judgment. Here no defence was filed at all (Order 13). The motion prays for judgment in default; watch the three-clear-days rule (not four).
Under the COURT, the PARTIES wear double labels at a HEADING; a MOTION prays for judgment in default, a HEARING date calls the court, sealed by a SIGNATURE.
Proves the default. Service, time elapsed, and a registry search annexed as Exhibit A. The first affidavit in the set to exhibit a document.
Under the COURT, the PARTIES wear double labels at a HEADING; an OATH names the deponent, the GROUNDS prove the default by a registry search, sworn shut by a JURAT.
The defendant's way back in after a default judgment (Order 10 r 8). On notice, it prays to set the judgment aside, for leave to defend, and a stay of execution meanwhile.
Under the COURT, the PARTIES face a TITLE; the MOTION prays to set aside, a SIGNATURE dates and seals it, the SERVICE sends it to the Registrar and the plaintiff.
Where the case is won. It does the two-limb climb of Botchway: regular or irregular first, then a reasonable explanation for the default and a reasonable defence on the merits, exhibited.
Under the COURT, the DEPONENT meets a TITLE; the BODY climbs the two limbs, the PRAYER asks for the merits, the JURAT swears it true.
Manage the live action — first learn the motion form itself, the envelope every application travels in (on notice by default, ex parte by exception). Then hold the position with an injunction, move the case to the right region by transfer, add a necessary party by joinder, pass liability to a non-party by third party proceedings, fix the pleadings by amendment, or end the claim by discontinuance.
The default envelope every application travels in. An application in a pending suit is made by motion (Order 19 r 1), on notice by default, fixing a hearing not less than three clear days after service (r 2). Name your grounding rule on its face (Asamoah v Marfo).
Under the COURT already seised, the PARTIES show an Applicant and a Respondent; a HEADING names it a motion ON NOTICE under Order 19 rr.1 and 2; a TAKE NOTICE warns of a hearing at least three clear days off and prays the relief; the GROUNDS rest on the accompanying affidavit; and a SIGNATURE seals it, served on notice on the Respondent.
The sworn pair the motion travels with. no motion without an affidavit (r 4). For a production application it deposes the three facts the court looks for: the documents exist, are in the respondent's possession, and are relevant (Order 21).
Under the COURT already seised, the PARTIES block carries the suit title; a HEADING names it the Affidavit in Support; the OATH opens with the Applicant making oath; the GROUNDS depose the facts — the documents exist, are in the Respondent's possession, and are relevant — and name Order 21; and a JURAT seals it, sworn before a Commissioner for Oaths.
The exception. Moved on one side only where a rule allows or the court thinks it proper (Order 19 r 3). The same shape with the service machinery stripped out: no three clear days, no costs, no service line; if granted it is served forthwith and lasts only ten days (Order 25 r 1).
Under the COURT already seised, the PARTIES show a Plaintiff/Applicant and a bare Defendant (no Respondent); a HEADING names it a motion EX PARTE under Order 19 r.3; a TAKE NOTICE says the court will be moved ex parte — no three clear days, no costs — praying only the interim relief; the GROUNDS rest on the accompanying affidavit and its three extra burdens; and a SIGNATURE seals it — filed but NOT served before the hearing, and served forthwith if granted.
The heart of the chapter. Because the court acts on your word alone, it must do three extra things: give a good reason for no notice, state the precise nature of the damage, and make full and frank disclosure (suppress one material fact and the order is set aside — ex parte Salloum), then give undertakings.
Under the COURT already seised, the PARTIES block carries the suit title; a HEADING names it the Affidavit in Support; the OATH opens with the Applicant making oath; the GROUNDS do the three extra things — good reason, precise damage, full and frank disclosure — then give undertakings; and a JURAT seals it, sworn before a Commissioner for Oaths.
The sworn engine every motion above carries. Learn this one shape and you can build the supporting affidavit for any application. Read against three rules: form (r 4 — first person, residence + occupation, numbered paragraphs, jurat), contents (r 8 — only what you can prove, unless interlocutory: info/belief with its source and grounds), and the officer (r 2 a Commissioner for Oaths, never your own lawyer — r 11). Form defects are curable (r 7, ex parte Amidu); scandal is struck (r 9); exhibits are marked and certified (r 14).
A COURT masthead carries the title of the cause (r.3); the PARTIES block names the suit; a HEADING names the document — Affidavit of the deponent; the OATH opens in the first person — I, name, occupation, address, MAKE OATH AND SAY (r.4); the GROUNDS set out the facts in numbered paragraphs — only what can be proved, sourcing any interlocutory belief (r.8), and exhibiting documents marked and certified (r.14); and a JURAT seals it, sworn before a Commissioner for Oaths and never the party's own lawyer (r.11).
The holding order. Restrains a party until the suit is decided (Order 25). The motion states the restraint and travels with a statement of case; watch the ex-parte ten-day limit.
Under the COURT, the PARTIES wear double labels at a HEADING; a TAKE NOTICE prays to restrain the Defendant, a HEARING date calls the court, sealed by a SIGNATURE.
Built on the three limbs. Serious question to be tried, damages inadequate, balance of convenience — plus the undertaking as to damages (Order 25 r 9).
Under the COURT, the PARTIES wear double labels at a HEADING; an OATH names the deponent, the GROUNDS show the threat, the irreparable harm and the undertaking, sworn shut by a JURAT.
The third document candidates forget. Order 25 r 1(3) makes an injunction a three-document bundle. This carries the full legal argument and the authorities: the three-prong test (18th July · Welford Quarcoo · Ransford France; root American Cyanamid), applied prong by prong.
Under the COURT, the PARTIES wear double labels at a HEADING; THE LAW states the three-prong test, the ARGUMENT applies each prong and offers the undertaking, and a CONCLUSION urges the grant.
An application = a motion + its affidavit. This is the motion. Every application is made by motion (Order 19 r 1).
Under the COURT, the PARTIES gain an Applicant at a HEADING; a TAKE NOTICE states the prayer, a HEARING date calls the court, sealed by a SIGNATURE.
The sworn pair of the motion. The facts that justify it (Order 19 r 4). Learn the jurat, the clause that makes it sworn evidence (Order 20).
Under the COURT, the PARTIES include the Applicant at a HEADING; an OATH names the deponent, the GROUNDS show her interest, sworn shut by a JURAT.
Moving a case to the convenient region. The trap: a High Court judge cannot transfer the case himself — the motion asks the court to report the matter to the Chief Justice (Order 3 r 2(1)(b); s.104 Act 459).
Under the COURT first seised, the PARTIES show a Defendant/Applicant at a HEADING; a TAKE NOTICE states the prayer to report the case to the Chief Justice, a HEARING date calls the court, sealed by a SIGNATURE.
Proves the one ground. That the deponent would suffer injustice or hardship if tried where she does not reside or carry on business (Volden v Ghana Goldfields), the land and witnesses being in the convenient region.
Under the COURT, the PARTIES match the motion at a HEADING; an OATH names the deponent, the GROUNDS prove the hardship, sworn shut by a JURAT.
Step one of third party proceedings. A defendant who wants contribution or indemnity from a non-party must use Order 15, never joinder (the wrong-door rule, Appenteng v Bank of West Africa). The leave application is brought ex parte — no notice to anyone.
Under the COURT already seised, the PARTIES show a Defendant/Applicant; a HEADING names it as an ex parte motion for leave; a TAKE NOTICE prays for leave to issue and serve a third party notice; the GROUNDS state the entitlement to contribution or indemnity; and an EX PARTE footer warns that no one is served at this stage.
The sworn pair whose one job is the five required points of Order 15 r 1(2). Plaintiff's claim · stage of proceedings · defendant's claim over · the facts · the third party's name and address. Miss any one and leave can be refused or the notice set aside.
Under the COURT already seised, the PARTIES block carries the suit title; a HEADING names it the Affidavit in Support; the OATH opens with the deponent making oath; the FIVE POINTS march through r.1(2)(a)-(e); and a JURAT seals it, sworn before a Commissioner for Oaths.
The document that drags the non-party in. like a writ for the sub-action (Form 6). States the plaintiff's claim, the defendant's claim over, and the question to be tried; demands an appearance in eight days or deemed admission (r 5); sealed by the Registrar, served with the writ and all pleadings.
Under the COURT already seised, the PARTIES now show THREE — plaintiff, defendant AND third party; a HEADING names the Third Party Notice issued by leave; a CLAIM sets out the plaintiff's claim and the defendant's claim over; an APPEAR demand gives eight days or deemed admission; and an ISSUE footer carries the seal, the writ and all pleadings.
After pleadings close, the free amendment window is shut. Leave must be sought under Order 16 r 5(1). The test is Cropper v Smith / Adjeley v Sowa: allow it however late if it works no injustice costs can't cure. On notice (r 11(1)), specifying the amendment precisely (r 11(2)) — the proposed Amended SoC exhibited as PA1.
Under the COURT already seised, the PARTIES show a Plaintiff/Applicant; a HEADING names it a motion for leave to amend; a TAKE NOTICE prays for leave to amend the Statement of Claim as exhibited; the GROUNDS invoke the real-question-in-controversy test; and a SIGNATURE seals it, served on notice with the proposed amendment exhibited.
The sworn pair. Gives the reason for the amendment, exhibits the proposed pleading, answers limitation under the same-facts carve-out (r 5(5), with the relates-back doctrine), and shows no prejudice that costs can't cure.
Under the COURT already seised, the PARTIES block carries the suit title; a HEADING names it the Affidavit in Support; the OATH opens with the Plaintiff making oath; the GROUNDS give the reason, the real question, the same-facts limitation point and the no-prejudice point; and a JURAT seals it, sworn before a Commissioner for Oaths.
The simplest way to end your own claim. The without-leave route. Before a defence, or after it but before a fresh step (the fresh-step test), just file and serve a one-page notice and pay the defendant's taxed costs. No court, no affidavit. Watch the r 4 costs-stay before re-suing.
Under the COURT already seised, the PARTIES show Plaintiff and Defendant; a HEADING names the Notice of Discontinuance; a TAKE NOTICE states the plaintiff wholly discontinues, no defence yet served; a COSTS undertaking promises the defendant's taxed costs; and a SIGNATURE seals it, filed and served.
The with-leave route. Once a fresh step is taken, leave is needed (r 2(3)). The trap: ask expressly for LIBERTY to re-sue; leave simpliciter presumes none. No court forces a litigant to litigate (Ex parte Asakum), so the fight is over liberty and costs.
Under the COURT already seised, the PARTIES show a Plaintiff/Applicant; a HEADING names it a motion for leave to discontinue; a TAKE NOTICE prays for leave AND liberty to re-sue AND costs; the GROUNDS point to the supporting affidavit; and a SIGNATURE seals it, served on notice.
The sworn pair. Proves the fresh step that makes leave necessary, gives the reason to discontinue, and grounds the liberty by answering each of the Sasraku six circumstances in which liberty is denied.
Under the COURT already seised, the PARTIES block carries the suit title; a HEADING names it the Affidavit in Support; the OATH opens with the Plaintiff making oath and proving the fresh step; the GROUNDS give the reason and answer the Sasraku six on liberty; and a JURAT seals it, sworn before a Commissioner for Oaths.
Once the pleadings close, the case is prepared for trial: all parties put their documents on the table, pin each other to facts on oath, narrow what is really in dispute, and ask the court to take stock and fix the road to trial.
The court's stock-take once the pleadings close. The plaintiff applies within one month, on not less than eight days' notice, listing the issues for trial (drawn from the pleadings — no departure, Hammond v Odoi) and the directions sought: discovery, witness statements, place and mode, a timetable, ADR. Case management, not a formality — a default does not nullify the proceedings (Armah v Hydrafoam).
Under the COURT already seised, the PARTIES show the Plaintiff as Applicant; a HEADING names it an APPLICATION FOR DIRECTIONS under Order 32 r.2; a TAKE NOTICE fixes a hearing at least eight days off, within a month of the close of pleadings; the ISSUES & DIRECTIONS list the questions for trial — drawn from the pleadings — and the directions sought; and a SIGNATURE seals it, served on the Defendant, who may add his own issues, a late filing still not fatal.
The engine of automatic discovery. After pleadings close each party files, within fourteen days, a list of every document in its possession, custody or power: Schedule 1 (no objection to producing) and Schedule 2 (objected to, with the ground — e.g. legal professional privilege). Inspection within seven days (r 7); verified by affidavit (r 2(8)); hide a document and risk strike-out or contempt (r 14). Litigation is all cards up.
A HEADING names it a LIST OF DOCUMENTS under Order 21 r.2, filed in the suit on foot; the DISCLOSING PARTY states what it has, or has had, in its possession, custody or power; SCHEDULE 1 turns face-up the documents it does not object to producing; SCHEDULE 2 lists what is objected to, with the ground; an INSPECTION clause opens them within seven days; and a VERIFY & PENALTY line swears the list true and warns that hiding a document brings strike-out or contempt.
Written questions answered on oath. Served by leave, and only where necessary (no fishing, r 5), to be answered on affidavit in Form 11 within the period the order fixes. An insufficient answer is ordered fuller (r 7), and the sworn answers may be put in evidence at trial — pinning the other side to a position before the witness box.
A HEADING names them INTERROGATORIES under Order 22 (Form 10); the PARTIES show who asks and who must answer; a BY LEAVE line records that the court allowed them; an ANSWER ON OATH clause requires the reply on affidavit within the period fixed; the QUESTIONS pin the other side to specifics; and a TEETH line warns that an insufficient answer is ordered fuller and the answers are evidence at trial.
The silence trap. Request the other side to admit, for this cause only, the truth of a fact or the authenticity of a document (r 2). They have fourteen days to answer in Form 13; silence is a deemed admission (r 3), so the matter need not be proved at trial at all. Unreasonable refusal later proved carries costs (r 4); an admission is withdrawn only on consent or leave (r 5).
A HEADING names it a REQUEST TO ADMIT under Order 23 (Form 12); the PARTIES show who requests and who must respond; a FOR THIS CAUSE ONLY line confines the admission to this suit; a 14-DAY CLOCK sets the unforgiving deadline; the WHAT TO ADMIT asks for the truth of a fact and the authenticity of a document; and a THE TRAP line warns that silence in fourteen days is a deemed admission.
The case finally reaches the courtroom: the written evidence each witness will give — the document the modern trial runs on — and the writ that compels a reluctant witness to attend and produce documents.
The document the modern trial runs on. A signed statement, verified by a statement of truth (r 3C), filed at directions and standing as the witness's evidence-in-chief at trial (r 3E); the witness is then cross-examined on it (r 3F). It carries only what the witness could give orally, in numbered paragraphs; serve it on time or the witness is not called without leave (r 3D).
Under the COURT already seised, the PARTIES show the suit the evidence belongs to; a HEADING names it the WITNESS STATEMENT OF Maa Konadu under Order 38 r.3B; THE WITNESS speaks in the first person — "I … WILL SAY" — identified by residence and occupation; THE EVIDENCE is set out in numbered paragraphs of only what she could say orally — her evidence-in-chief; and a STATEMENT OF TRUTH verifies it as true and is signed, the trial-stage descendant of the affidavit's oath.
The court's command to a reluctant witness (Form 14, requested on Form 15). Two forms often combined: ad testificandum (attend and give evidence) and duces tecum (bring and produce documents). Not a request: WE COMMAND YOU … and so from day to day until the trial is concluded. Sealed by the registry, served personally, within twelve weeks of issue (rr 12-13); disobedience is contempt.
Under the COURT a WRIT OF SUBPOENA issues in Form 14; it is addressed TO THE WITNESS by name and address; THE COMMAND — "WE COMMAND YOU to attend" — runs from day to day until the trial concludes; AD TESTIFICANDUM compels the witness to give evidence; DUCES TECUM compels production of the listed documents; and an ISSUE & SERVICE line seals it by the registry and requires personal service within twelve weeks.
The court has decided — now the decision becomes a record: the judgment is drawn up and entered in the judgment book, the foundation of every enforcement step that follows.
The document that turns the court's spoken decision into the enforceable record. The creditor draws it up and the Registrar enters it in the judgment book (r 7); that entered judgment is the foundation of every writ of execution. A bare declaration is not executable (r 1; Anang Sowah; Mensah v GFA) — carry the consequential order (possession, payment, an act) with the time for it (r 4); it takes effect from its date (r 5); money may be ordered by instalments (r 8); against the State, no execution without the s 15 certificate (Act 555).
Under the COURT that tried the cause, the PARTIES gain new names — Judgment Creditor and Judgment Debtor; a HEADING names it an ENTRY OF JUDGMENT under Order 41 r.7 (Form 17); a RECITAL records the trial and the day judgment was pronounced (from which it takes effect, r.5); the ADJUDICATION sets out what is adjudged — the declaration, the consequential order, the money and costs; and an ENTRY & THE STATE line has the creditor draw it up for entry in the judgment book, with the State's s.15 certificate as the gate to any execution against the Republic.
Collect on a judgment the loser won't pay — first match the relief to its enforcement mode (Order 43), then seize and sell the debtor's own property, or attach a debt a third party owes the judgment debtor. And when execution grabs property a stranger says is his, the holder interpleads to step out of the fight.
Part 19 adds no new document. It teaches you to re-read the entered judgment with an enforcer's eye. Draw it up, enter and serve it personally first (the first step; Akowuah v Amoo), then match each relief to its mode: land → a writ of possession with leave (r 3); money → the menu of five — fi.fa / garnishee / charging order / receiver (r 1); an act → committal or sequestration (r 5), but only behind a penal notice served personally (r 7). An appeal is not a stay (r 11).
Under the COURT that decided the cause, the PARTIES are now Judgment Creditor and Judgment Debtor; a HEADING names the ENTRY OF JUDGMENT — the record drawn up, entered and served personally as the first step; then each relief carries its own enforcement key — LAND → POSSESSION a writ of possession with leave; MONEY → THE MENU fi.fa, garnishee, charging order or receiver; and AN ACT → COMMITTAL committal or sequestration, but only behind a penal notice, an appeal being no stay.
The workhorse of execution. A writ of execution (Order 44) that commands the bailiff to seize and sell enough of the judgment debtor's own property to satisfy the debt, interest and costs (Order 45 r 1). Watch the command (seizure and sale of sufficient property) and the two indorsements — leave to issue, and movables-before-land.
Under the COURT, two PARTIES stand — now creditor and debtor — at a TITLE that names the writ; the COMMAND orders seizure and sale of enough property for the debt, the INDORSEMENTS cover leave and movables-first, all sealed by the Registrar's ISSUE & SEAL, valid twelve months.
Enforcement. Collect on a judgment by attaching a debt a third party (the garnishee, e.g. the debtor's bank) owes the judgment debtor (Order 47). A third ex parte document; introduces the order nisi → order absolute structure.
Under the COURT, three PARTIES now stand — creditor, debtor and garnishee — at a HEADING; a MOTION ex parte prays for an order nisi attaching the debt, a HEARING fixes the show-cause day, sealed by a SIGNATURE with no service line.
Order 47 r 2's two limbs. Identify the judgment and the sum unpaid, and show the garnishee is within the jurisdiction and indebted to the debtor.
Under the COURT, three PARTIES stand at a HEADING; an OATH names the deponent, the GROUNDS prove the unpaid judgment and the garnishee's debt, sworn shut by a JURAT.
The man-in-the-middle's escape hatch. A holder of disputed property who claims no interest of his own, faced with rival claimants, brings them to court (on notice) and asks to step out. Two kinds: stakeholder (r 1(a); AG v Bank of West Africa) and the Registrar's/sheriff's (r 1(b); on the notice of claim, O 44 rr 12-13). Reliefs: claimants maintain or relinquish (r 2); an issue stated and tried (r 7); the applicant discharged on paying in. Serve every claimant; particulars in 7 days or abandoned (r 6); duck the contest = forever barred (r 10).
Headed in the COURT seised of the execution, the summons is addressed TO THE CLAIMANTS — the two rivals; a HEADING names it relief by way of INTERPLEADER under Order 48 (two kinds — stakeholder and Registrar's); a TAKE NOTICE says the Applicant will move the Court; the RELIEFS ask the claimants to maintain or relinquish, an issue to be tried, and the Applicant discharged; and a SERVE line puts it on notice to every claimant, pinned for the Registrar's branch to the notice of claim.
The sworn pair. Its one job is the three proofs of a true stakeholder (r 4): (a) no interest in the thing (beyond charges/costs); (b) no collusion with any claimant; (c) willing to pay or transfer it into court. Miss one and the relief fails. For a Registrar's interpleader, annex the notice of claim (O 44 rr 12-13).
Headed in the COURT seised of the execution, the affidavit shows the PARTIES — the Applicant against the two Claimants; a HEADING names it the AFFIDAVIT IN SUPPORT under Order 48 r.4; THE OATH has the Applicant depose in the first person; THE THREE PROOFS swear no interest, no collusion, and willingness to pay in; and a JURAT seals it, annexing the notice of claim for the Registrar's branch.
The losing party's second chance — take the decision to a higher court. The notice of appeal launches it: the decision attacked, the grounds, the relief and the parties — filed within strict time, and never a stay by itself.
The document that launches the whole appeal. It must state four things (r 1(4)): the decision (whole or part), the grounds, the relief, and the parties directly affected. Keep the grounds concise, under distinct heads and not argumentative, with particulars of any error of law (Hotel Majorie "Y" v Monyo); the one permitted general ground is against the weight of the evidence. File in time — interlocutory 21 days (no extension), final 3 months — and note an appeal is not a stay.
Titled in the COURT above — the appeal goes up; the PARTIES are recast as Appellant and Respondent; a HEADING names it the NOTICE OF APPEAL (Order 51 r.1 / Rule 8 C.I. 19); a TAKE NOTICE says the dissatisfied Appellant appeals against the whole (or part) of the decision below; the GROUNDS & RELIEF state the concise, particularised grounds and what is sought; and a PARTIES, TIME & NO STAY line names who is served, fixes the filing clock, and warns the appeal is no stay.
Beyond the ordinary action — specialist suits and procedures, each with its own rules: the lender's lawsuit (a moneylender's or mortgage action), winding up a deceased's estate (the grant of probate or letters of administration, and the citation that forces a delaying executor's hand), the bill of costs the winner files for taxation, and — outside C.I. 47 — the election petition that can unseat a Member or a President.
The lender's lawsuit. Two disciplines Order 59 demands. The writ must be indorsed that the lender was licensed when the loan was made (r 2); and the statement of claim must lay the loan bare — date, amount lent, rate, the signed note, repaid, unpaid, interest (r 3). Brakes: no default judgment without leave, on notice (rr 4-5); and unlicensed lending is not void — the court reopens unconscionable interest (Ahenfie Cloth Sellers), but the principal is recoverable (City & County Waste).
Headed in the COURT like any High Court suit, the PARTIES show a licensed moneylender suing her borrower; a HEADING marks it a moneylender's action under Order 59 (one of two special actions); a LICENCE INDORSEMENT must sit on the writ before it issues; the PARTICULARS lay the loan bare in the statement of claim; and a NO DEFAULT WITHOUT LEAVE line holds back judgment on a silent defendant and reminds that unlicensed lending is not void.
Authority to deal with a dead person's estate. A valid will → probate to the executors (r 12 ladder); no will → letters of administration under PNDCL 111, down the r 13 ladder (spouse → children → parents → customary successor, max four). The supporting affidavit must establish entitlement, proof of death (r 9(2)), whether there is a will, and a declaration of value (r 9(3)). No LA grant until a 21-day notice (r 10); the Registrar won't seal while a caveat stands; and touching the estate with no grant is intermeddling (r 3, In re Appau).
Headed in the COURT (PROBATE) in the matter of the deceased's estate, the APPLICANT deposes to her ENTITLEMENT on the priority ladder; a HEADING names it an APPLICATION FOR A GRANT under Order 66; the affidavit proves the DEATH and whether there is a WILL; declares the VALUE of the estate; and a NOTICE, CAVEAT & INTERMEDDLING line holds back the grant for 21 days, freezes it behind a caveat, and warns that touching the estate without a grant is an offence.
The sword that breaks a deadlock. It forces a delaying executor or prior-ranked person to act or step aside. Two kinds: prove the will or renounce probate (r 7); accept or refuse a grant (r 15). The cited person has fourteen days, on pain of the right being extinguished or passed over, so a grant may issue to the citor or the next entitled. Its defensive mirror is the caveat (Form 24), which freezes a grant from issuing without notice.
Headed in the COURT (PROBATE) in the matter of the estate, the citation runs from a CITOR to the CITED executor or prior-ranked person; a HEADING names it a CITATION under Order 66 r.7 / r.15; a 14-DAY DEMAND requires the cited person to prove/renounce or accept/refuse; the OR LOSE THE RIGHT warns the right is extinguished on default; and a CAVEAT MIRROR contrasts the defensive Form 24 that freezes a grant.
The itemised statement a winner files when costs go to taxation. Costs are in the court's discretion (r 1; Eid v Eid) and follow the event, but are compensatory, not punitive (r 2(3)): court fees, reasonable expenses, and the lawyer's reasonable fee for work actually done. Fixed summarily at judgment where practicable (r 2(5)); else settled on taxation (r 2(6)), where padded items are taxed off and a party's own conduct can reduce what it recovers (r 2(4)).
Headed in the COURT that gave judgment, the PARTIES are the party entitled to costs and the party liable; a HEADING names it a BILL OF COSTS FOR TAXATION under Order 74; a COSTS ORDER recites the order that the loser pay the winner's costs; the THREE HEADS itemise court fees, reasonable expenses and the lawyer's fee; and a SUMMARY OR TAXATION line sends the bill to be fixed at judgment or taxed, padded items cut.
The saga's final document. And the one where the clock is king. Outside C.I. 47 (1992 Constitution arts 99/64; PNDCL 284; PNDCL 285; C.I. 99). It lives or dies on four fixed points: the right court (parliamentary → the High Court, appeal to the Court of Appeal only — Zakaria v Nyimakan; presidential → the Supreme Court); the right petitioner (capacity, s 17); the declared result recited (no petition before declaration — Ex parte Hawa Yakubu); and presentation within the 21-day, non-extendable window (s 18(3)) — no Order 81 mercy.
The COURT is chosen by the office challenged — High Court for a seat, Supreme Court for the presidency; the PETITIONER & RESPONDENTS turn on capacity under s.17; a MATTER & HEADING recites the election and the governing statutes; the petition shows the DECLARED RESULT; sets out the GROUNDS & RELIEF; and a 21-DAY CLOCK — the one deadline no judge can move — governs it all.