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My Law Guide
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Civil Procedure

Drafting Guide

Every court document — when you reach for it, the shape it takes, and how to draft each part from memory.

How to use this guide Three questions, every document. When do you reach for it? What shape does it take — the parts, in order? And how do you draft each part — the one-line hook beside every zone is your memory peg. Cover the hooks and rebuild the document from its skeleton; if a part goes blank, open that document in the app and assemble it from memory. The full app — interactive drafting, voice tours & drills — is at mylawguide.lukmanadams.com.
Ghana School of Law · exam window 22 June 2026
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63 documents
10 families
Civil Procedure · Drafting

All the documents at a glance

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.

Pleadings — the written case
Writ of SummonsCROWN · PARTIES · ADDRESS · RECITAL · COMMAND · WARNING · INDORSEMENT
Statement of ClaimCOURT · PARTIES · HEADING · AVERMENTS · RELIEF · SIGNATURE
Representative Action — Capacity in the TitleCOURT · TITLE & PARTIES · CLAIM · INDORSEMENT AS TO CAPACITY · CARRY IT THROUGH
Notice of AppearanceCOURT · PARTIES · HEADING · NOTICE · SIGNATURE · CERTIFICATE
Notice of Conditional AppearanceCOURT · PARTIES · HEADING · NOTICE · SIGNATURE · CERTIFICATE
Statement of DefenceCOURT · PARTIES · HEADING · TRAVERSE · ANSWERS · SIGNATURE
Defence & CounterclaimCOURT · PARTIES · HEADING · DEFENCE · COUNTERCLAIM · SIGNATURE
Reply & Defence to CounterclaimCOURT · PARTIES · HEADING · REPLY · DEFENCE TO COUNTERCLAIM · SIGNATURE
Plea of Set-offPLEA · PARTICULARS · LINK
Service of process
Motion Ex Parte for Substituted ServiceCOURT · PARTIES · HEADING · MOTION · HEARING · SIGNATURE
Affidavit for Substituted ServiceCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion Ex Parte for Leave to Serve OutCOURT · PARTIES · HEADING · MOTION · HEARING · SIGNATURE
Affidavit for Leave to Serve OutCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Ending it without a full trial
Motion to Strike OutCOURT · PARTIES · HEADING · TAKE NOTICE · HEARING · SIGNATURE
Affidavit to Strike OutCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion for Summary JudgmentCOURT · PARTIES · HEADING · TAKE NOTICE · HEARING · SIGNATURE
Affidavit in Support of Summary JudgmentCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Affidavit in Opposition to Summary JudgmentCOURT · DEPONENT · TITLE · DEFENCE · PRAYER · JURAT
Motion for Judgment in Default of AppearanceCOURT · PARTIES · HEADING · MOTION · HEARING · SIGNATURE
Affidavit for Judgment in Default of AppearanceCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion for Judgment in Default of DefenceCOURT · PARTIES · HEADING · MOTION · HEARING · SIGNATURE
Affidavit for Judgment in Default of DefenceCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion to Set Aside Default JudgmentCOURT · PARTIES · TITLE · MOTION · SIGNATURE · SERVICE
Affidavit in Support of Motion to Set AsideCOURT · DEPONENT · TITLE · BODY · PRAYER · JURAT
Holding & shaping the suit
Motion on NoticeCOURT · PARTIES · HEADING · TAKE NOTICE · GROUNDS · SIGNATURE
Affidavit in Support — Motion on NoticeCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion Ex ParteCOURT · PARTIES · HEADING · TAKE NOTICE · GROUNDS · SIGNATURE
Affidavit in Support — Motion Ex ParteCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Affidavit (General Form)COURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion for Interlocutory InjunctionCOURT · PARTIES · HEADING · TAKE NOTICE · HEARING · SIGNATURE
Affidavit for Interlocutory InjunctionCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Statement of Case for Interlocutory InjunctionCOURT · PARTIES · HEADING · THE LAW · ARGUMENT · CONCLUSION
Motion on Notice for JoinderCOURT · PARTIES · HEADING · TAKE NOTICE · HEARING · SIGNATURE
Affidavit in Support of Motion for JoinderCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Motion on Notice for an Order of TransferCOURT · PARTIES · HEADING · TAKE NOTICE · HEARING · SIGNATURE
Affidavit in Support of Motion to TransferCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Ex Parte Motion for Leave to Issue a Third Party NoticeCOURT · PARTIES · HEADING · TAKE NOTICE · GROUNDS · EX PARTE
Affidavit in Support — Leave to Issue a Third Party NoticeCOURT · PARTIES · HEADING · OATH · FIVE POINTS · JURAT
Third Party Notice (Form 6)COURT · PARTIES · HEADING · CLAIM · APPEAR · ISSUE
Motion on Notice for Leave to Amend Statement of ClaimCOURT · PARTIES · HEADING · TAKE NOTICE · GROUNDS · SIGNATURE
Affidavit in Support — Leave to Amend Statement of ClaimCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Notice of DiscontinuanceCOURT · PARTIES · HEADING · TAKE NOTICE · COSTS · SIGNATURE
Motion on Notice for Leave to DiscontinueCOURT · PARTIES · HEADING · TAKE NOTICE · GROUNDS · SIGNATURE
Affidavit in Support — Leave to DiscontinueCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Readying the case for trial — the pre-trial pit-stop
Application for DirectionsCOURT · PARTIES · HEADING · TAKE NOTICE · ISSUES & DIRECTIONS · SIGNATURE
List of DocumentsHEADING · DISCLOSING PARTY · SCHEDULE 1 · SCHEDULE 2 · INSPECTION · VERIFY & PENALTY
InterrogatoriesHEADING · PARTIES · BY LEAVE · ANSWER ON OATH · THE QUESTIONS · TEETH
Request to AdmitHEADING · PARTIES · FOR THIS CAUSE ONLY · THE 14-DAY CLOCK · WHAT TO ADMIT · THE TRAP
The trial
Witness StatementCOURT · PARTIES · HEADING · THE WITNESS · THE EVIDENCE · STATEMENT OF TRUTH
Writ of SubpoenaCOURT · TO THE WITNESS · THE COMMAND · AD TESTIFICANDUM · DUCES TECUM · ISSUE & SERVICE
Judgments & orders
Entry of JudgmentCOURT · PARTIES · HEADING · THE RECITAL · THE ADJUDICATION · ENTRY & THE STATE
Enforcing the judgment
Entry of Judgment — Read for EnforcementCOURT · PARTIES · HEADING · LAND → POSSESSION · MONEY → THE MENU · AN ACT → COMMITTAL
Writ of Fieri FaciasCOURT · PARTIES · TITLE · COMMAND · INDORSEMENTS · ISSUE & SEAL
Motion Ex Parte for a Garnishee OrderCOURT · PARTIES · HEADING · MOTION · HEARING · SIGNATURE
Affidavit for a Garnishee OrderCOURT · PARTIES · HEADING · OATH · GROUNDS · JURAT
Interpleader SummonsCOURT · THE CLAIMANTS · HEADING · TAKE NOTICE · THE RELIEFS · SERVE & REGISTRAR'S BRANCH
Affidavit in Support of InterpleaderCOURT · PARTIES · HEADING · THE OATH · THE THREE PROOFS · JURAT & THE ANNEX
Appeals
Notice of AppealCOURT · PARTIES · HEADING · TAKE NOTICE · GROUNDS & RELIEF · PARTIES, TIME & NO STAY
Special actions & procedures
Moneylender's Action — Writ Indorsement & ParticularsCOURT · PARTIES · HEADING · THE LICENCE INDORSEMENT · THE PARTICULARS · NO DEFAULT WITHOUT LEAVE
Application for a GrantCOURT (PROBATE) · APPLICANT & ENTITLEMENT · HEADING · DEATH & WILL · DECLARATION OF VALUE · NOTICE, CAVEAT & INTERMEDDLING
CitationCOURT (PROBATE) · CITOR & CITED · HEADING · THE 14-DAY DEMAND · OR LOSE THE RIGHT · THE CAVEAT MIRROR
Bill of CostsCOURT · PARTIES · HEADING · THE COSTS ORDER · THE THREE HEADS · SUMMARY OR TAXATION
Election PetitionCOURT (THE TWO FORA) · PETITIONER & RESPONDENTS · THE MATTER & HEADING · THE DECLARED RESULT · GROUNDS & RELIEF · THE 21-DAY CLOCK
Civil Procedure · Drafting
1 Pleadings — the written case 9 docs

From the writ that opens the suit to the reply that closes the pleadings — including how a defendant appears.

Writ of Summons writ
CI 47 · Order 2 r 3(1) · Form 1
When you reach for it

The originating process.

Format — the shape, in order

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.

  1. 1 CROWN Crown on top, court named, suit numbered, year stamped.
  2. 2 PARTIES Between two named souls — plaintiff above, defendant below.
  3. 3 ADDRESS Speak the defendant's name aloud — this letter is for you.
  4. 4 RECITAL An action has been raised — the writ has dropped.
  5. 5 COMMAND Eight days, enter appearance — the court is no longer asking.
  6. 6 WARNING Silent — judgment falls. Slow — the writ itself dies in twelve months unless renewed.
  7. 7 INDORSEMENT The writ also says what you want — claim it here, repeat it in the pleading.
Statement of Claim
CI 47 · Order 11 · Statement of Claim
When you reach for it

The plaintiff's story and prayer for relief.

Format — the shape, in order

Under the COURT, the PARTIES open a HEADING; AVERMENTS build the case, RELIEF claims the remedy, sealed by a SIGNATURE.

  1. 1 COURT Court named, division noted, year stamped, suit numbered.
  2. 2 PARTIES Between two named souls — plaintiff above, defendant below.
  3. 3 HEADING Statement of Claim — the story begins.
  4. 4 AVERMENTS Numbered facts only, no evidence — one paragraph, one point.
  5. 5 RELIEF Recovery, interest, damages, costs — claim the full set.
  6. 6 SIGNATURE Dated, signed, licenced, served on Registrar and Defendant.
Representative Action — Capacity in the Title writ
CI 47 · Order 2 r 4 · Order 4 rr 9 & 11
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Crown on top, court named, suit numbered — a representative writ opens like any other.
  2. 2 TITLE & PARTIES Name first, then in brackets the hat he wears — 'on behalf of' rides in the title.
  3. 3 CLAIM The family's claim, stated short on the writ's own face.
  4. 4 INDORSEMENT AS TO CAPACITY Beneath the claim, the writ swears the capacity — Order 2 rule 4.
  5. 5 CARRY IT THROUGH Title, indorsement, every pleading — say the capacity three times or risk the challenge.
Notice of Appearance
CI 47 · Form 5/5A · Order 9 r 3(1)
When you reach for it

The defendant signals intent to defend. Not a defence, that comes later.

Format — the shape, in order

Under the COURT, the PARTIES meet a HEADING; the NOTICE enters appearance, a SIGNATURE seals it, the CERTIFICATE proves it filed.

  1. 1 COURT Same court, same suit — the defendant steps in to defend.
  2. 2 PARTIES Between the same two named souls — plaintiff above, defendant below.
  3. 3 HEADING Notice of Appearance — the defendant says 'I will defend.
  4. 4 NOTICE Take notice: appearance entered, address for service given.
  5. 5 SIGNATURE Dated, signed by the lawyer, served on the plaintiff — in triplicate.
  6. 6 CERTIFICATE The Registrar certifies that appearance was entered.
Notice of Conditional Appearance notice
CI 47 · Order 9 r 7 · Order 9 r 8
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — even appearing under protest uses the suit's own heading.
  2. 2 PARTIES Plain Plaintiff and Defendant — a notice is not a motion, so no Applicant/Respondent here.
  3. 3 HEADING Name it — a CONDITIONAL appearance, the word that preserves the objection.
  4. 4 NOTICE TAKE NOTICE — the Defendant enters CONDITIONAL appearance through its lawyers — but it must follow up within 14 days.
  5. 5 SIGNATURE Dated, signed for the Defendant, filed with the Registrar, served on the Plaintiff.
  6. 6 CERTIFICATE The Registrar certifies the appearance was entered — the official record that it happened.
Statement of Defence
CI 47 · Order 11 rr 8–13 · Defence
When you reach for it

The defendant's answer. General traverse, then paragraph-by-paragraph admissions and denials.

Format — the shape, in order

Under the COURT, the PARTIES face a HEADING; a TRAVERSE denies, ANSWERS specify, sealed by a SIGNATURE.

  1. 1 COURT Same court, same suit number, same year — the defendant answers in place.
  2. 2 PARTIES Between the same two named souls — plaintiff above, defendant below.
  3. 3 HEADING Statement of Defence, filed on behalf of the defendant — the answer begins.
  4. 4 TRAVERSE Save what I admit, I deny everything as if set out in extenso and denied seriatim.
  5. 5 ANSWERS Paragraph by paragraph — admit, deny, or add a further answer.
  6. 6 SIGNATURE Dated, signed, licenced, served on Registrar and Plaintiff's lawyer.
Defence & Counterclaim defence & counterclaim
CI 47 · Order 12 · Counterclaim
When you reach for it

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.

Format — the shape, in order

Under the COURT, the PARTIES double up at a HEADING; a DEFENCE guards, a COUNTERCLAIM strikes back, sealed by a SIGNATURE.

  1. 1 COURT Same court, same suit — defence and counterclaim in one document.
  2. 2 PARTIES First the action; then 'AND BY WAY OF COUNTERCLAIM' — roles flip, a new party may join.
  3. 3 HEADING Statement of Defence AND Counterclaim — two pleadings, one paper.
  4. 4 DEFENCE Traverse and answer first — defend before you attack.
  5. 5 COUNTERCLAIM Now the defendant becomes the claimant — repeat, claim, pray.
  6. 6 SIGNATURE Dated, signed, licenced, served on the plaintiff and any new party.
Reply & Defence to Counterclaim reply
CI 47 · Order 12 r 2(2) · Reply
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the Plaintiff answers back inside the very same action.
  2. 2 PARTIES Same parties, NO role-flip — but the joined Defendant to Counterclaim now sits in the title.
  3. 3 HEADING One heading, two pleadings — a Reply to the Defence AND a Defence to the Counterclaim, in the same paper.
  4. 4 REPLY Join issue generally — a Reply usually does no more than deny the Defence afresh.
  5. 5 DEFENCE TO COUNTERCLAIM Now defend the cross-claim — deny its paragraphs, then say why no sum is owed.
  6. 6 SIGNATURE Dated, signed for the PLAINTIFF, served on BOTH the Defendant and the Defendant to Counterclaim.
Plea of Set-off
CI 47 · Order 11 r 17
When you reach for it

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.

Format — the shape, in order

The PLEA raises the set-off, the PARTICULARS prove the cross-sum, the LINK ties it to the counterclaim.

  1. 1 PLEA A shield: I set off what you owe me against what you claim.
  2. 2 PARTICULARS Show the cross-sum: when it arose, how much, what's been paid.
  3. 3 LINK Same money, two lives — also added as a counterclaim.
Civil Procedure · Drafting
2 Service of process 4 docs

Getting the writ to a defendant who dodges service, or who is abroad — both brought ex parte.

Motion Ex Parte for Substituted Service motion
CI 47 · Order 7 r 6 · Order 19 r 3
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — substituted service is the first step: getting the writ delivered.
  2. 2 PARTIES Only the mover gets a second label — the Plaintiff is the Applicant; the Defendant takes NO ‘– Respondent’, because ex parte means no notice.
  3. 3 HEADING Name the application — an EX PARTE motion for an order for substituted service.
  4. 4 MOTION MOTION EX PARTE — pray to serve the writ by other means, then LIST the methods.
  5. 5 HEARING Give the court a date — but as an ex parte motion there are no clear-days of notice to the other side.
  6. 6 SIGNATURE Signed for the Plaintiff – Applicant, filed with the Registrar — and NO 'AND TO' line, because no one is served.
Affidavit for Substituted Service affidavit
CI 47 · Order 7 r 6(2) · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant and a bare Defendant (no Respondent, because the motion is ex parte).
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, my authority, and leave to refer to the file.
  5. 5 GROUNDS Writ issued · THREE attempts failed · defendant evasive · service will keep failing · court may dispense.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Motion Ex Parte for Leave to Serve Out motion
CI 47 · Order 8 · Order 19 r 3
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — leave to serve abroad is the first step: getting notice of the writ overseas.
  2. 2 PARTIES Plaintiff – Applicant, suing per her solicitor; the Defendant (no Respondent) is overseas.
  3. 3 HEADING Name the application — an EX PARTE motion for leave to serve NOTICE of the writ abroad.
  4. 4 MOTION MOTION EX PARTE — leave to serve notice abroad, a time to appear, and leave to serve by airmail.
  5. 5 HEARING Give the court a date — but as an ex parte motion there is no clear-days notice to the other side.
  6. 6 SIGNATURE Signed for the Plaintiff – Applicant, filed with the Registrar — and NO 'AND TO' line, because it is ex parte.
Affidavit for Leave to Serve Out affidavit
CI 47 · Order 8 r 2 · Order 20
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant (per her solicitor) and the overseas Defendant (no Respondent, the application being ex parte).
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, and that I may depose to these facts.
  5. 5 GROUNDS Where the defendant is · notice not writ · good cause · proper case within Order 8 r 3 · airmail.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Civil Procedure · Drafting
3 Ending it without a full trial 11 docs

Knock the case — or a hopeless defence — out early: strike out, summary judgment, and judgment in default of appearance or of defence.

Motion to Strike Out motion
CI 47 · Order 11 r 18 · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — striking out is a step INSIDE the running action.
  2. 2 PARTIES Labels REVERSE — the Plaintiff is the Respondent; the Defendant bringing it is the Applicant.
  3. 3 HEADING Name the application — an order to STRIKE OUT the claim against the 2nd Defendant.
  4. 4 TAKE NOTICE TAKE NOTICE — Counsel prays to strike out the claim for disclosing NO reasonable cause of action.
  5. 5 HEARING Give the court a date on the ordinary three clear days' notice.
  6. 6 SIGNATURE Signed for the 2nd Defendant – Applicant, filed with the Registrar, served on the Plaintiff – Respondent.
Affidavit to Strike Out affidavit
CI 47 · Order 11 r 18 · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical reversed title — Plaintiff – Respondent, 1st Defendant, 2nd Defendant – Applicant.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, my authority, and leave to refer to the file.
  5. 5 GROUNDS Writ issued · I acted only as the company's agent · so the claim shows no cause of action against me.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Motion for Summary Judgment motion
CI 47 · Order 14 r 1 · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — summary judgment is a step INSIDE the running action.
  2. 2 PARTIES Double labels — the Plaintiff is also the Applicant; the Defendant is also the Respondent.
  3. 3 HEADING Name the application — a MOTION ON NOTICE for summary judgment, so the other side is heard.
  4. 4 TAKE NOTICE TAKE NOTICE — Counsel prays for summary judgment, then LISTS the reliefs sought.
  5. 5 HEARING Give the court a date — and serve at least FOUR clear days ahead, not the usual three.
  6. 6 SIGNATURE Signed for the Plaintiff – Applicant, filed with the Registrar, served on the Defendant – Respondent.
Affidavit in Support of Summary Judgment affidavit
CI 47 · Order 14 r 2(2) · Order 20
When you reach for it

The heart of the application. It verifies the facts and swears there is no defence (Order 14 r 2(2)).

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant and Defendant – Respondent.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, my authority, and leave to refer to the file.
  5. 5 GROUNDS Verify the claim — writ issued, appearance filed, sum due — then swear: NO DEFENCE.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Affidavit in Opposition to Summary Judgment affidavit in opposition
CI 47 · Order 14 r 4–5 · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — sworn against the plaintiff's motion.
  2. 2 DEPONENT I have authority; the facts are within my knowledge; I have read their affidavit.
  3. 3 TITLE Affidavit in Opposition — showing cause against summary judgment.
  4. 4 DEFENCE Disclose the defence with specifics and EXHIBIT the proof — never a bare denial.
  5. 5 PRAYER Refuse summary judgment, grant UNCONDITIONAL leave to defend, costs.
  6. 6 JURAT Sworn before a commissioner — and every paragraph must be TRUE.
Motion for Judgment in Default of Appearance motion
CI 47 · Order 10 r 1 · Order 19 r 3
When you reach for it

The twin of default of defence. But here the defendant never appeared at all (Order 10). Ex parte; final judgment for a liquidated claim.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — default of appearance is the earliest disposal, but still inside the action.
  2. 2 PARTIES Double labels — the Plaintiff is also the Applicant; the non-appearing Defendant is the Respondent.
  3. 3 HEADING Name it — an EX PARTE motion for judgment in default of APPEARANCE (not defence).
  4. 4 MOTION MOTION EX PARTE — Counsel prays for FINAL judgment against the Defendant in default of appearance.
  5. 5 HEARING Give the court a date — but as an ex parte motion there is no clear-days notice to the other side.
  6. 6 SIGNATURE Signed for the Plaintiff – Applicant — and still addressed to the served-but-absent Defendant.
Affidavit for Judgment in Default of Appearance affidavit
CI 47 · Order 10 · Order 20
When you reach for it

Proves due service (the linchpin. Order 10 r 6) and the failure to appear, with a registry search as Exhibit A.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant and the non-appearing Defendant – Respondent.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, my authority, and leave to refer to the file.
  5. 5 GROUNDS Writ DULY SERVED · time for appearance gone · a search shows no appearance · so judgment may enter.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Motion for Judgment in Default of Defence motion
CI 47 · Order 13 · Order 19
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — default judgment is a step INSIDE the running action.
  2. 2 PARTIES Double labels — the Plaintiff is also the Applicant; the Defendant is also the Respondent.
  3. 3 HEADING Name the application — JUDGMENT IN DEFAULT OF DEFENCE, brought on notice.
  4. 4 MOTION MOTION ON NOTICE — Counsel prays for judgment in default of defence, on the grounds in the affidavit.
  5. 5 HEARING Give the court a date — on at least THREE clear days' notice (the ordinary motion rule).
  6. 6 SIGNATURE Signed for the Plaintiff – Applicant, filed with the Registrar, served on the defaulting Defendant.
Affidavit for Judgment in Default of Defence affidavit
CI 47 · Order 13 · Order 20
When you reach for it

Proves the default. Service, time elapsed, and a registry search annexed as Exhibit A. The first affidavit in the set to exhibit a document.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant and Defendant – Respondent.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, my authority, and leave to refer to the file.
  5. 5 GROUNDS Prove the default — writ issued, a SEARCH shows no defence, time elapsed, so judgment may enter.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Motion to Set Aside Default Judgment motion to set aside
CI 47 · Order 10 r 8 · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the defendant comes back to undo the default.
  2. 2 PARTIES Plaintiff/Respondent above, Defendant/Applicant below — the roles double up.
  3. 3 TITLE Motion on Notice — to set the default judgment aside.
  4. 4 MOTION Set aside, let me in to defend, and stay execution meanwhile.
  5. 5 SIGNATURE Court to be moved, dated, and signed by the solicitor.
  6. 6 SERVICE Filed with the Registrar, served on the plaintiff — on notice.
Affidavit in Support of Motion to Set Aside affidavit in support
CI 47 · Order 10 r 8 · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — sworn in support of the motion.
  2. 2 DEPONENT I, the Defendant/Applicant, make oath and say — on my own knowledge.
  3. 3 TITLE Affidavit in support — the sworn ground of the motion.
  4. 4 BODY Regular or irregular? Then the two limbs — explain the default, show the defence.
  5. 5 PRAYER Whereof I swear in support — willing to abide by the court's terms.
  6. 6 JURAT Sworn before a commissioner for oaths — and it must be TRUE.
Civil Procedure · Drafting
4 Holding & shaping the suit 20 docs

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.

Motion on Notice motion
CI 47 · Order 19 rr 1, 2
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit already running — a motion is a step INSIDE the pending action, not a new case.
  2. 2 PARTIES The mover is the APPLICANT; the party served is the RESPONDENT — the same suit title, recast for the motion.
  3. 3 HEADING Name the application — MOTION ON NOTICE FOR [the relief] — and cite the envelope rule (Order 19 rr.1, 2) plus the Order that grounds the relief.
  4. 4 TAKE NOTICE TAKE NOTICE — moved on a date NOT LESS THAN THREE CLEAR DAYS after service, praying (a) the order; (b) further orders; (c) costs.
  5. 5 GROUNDS UPON THE GROUNDS set out in the accompanying AFFIDAVIT — the motion asks; the affidavit proves.
  6. 6 SIGNATURE Signed for the Applicant, filed with the Registrar, and served ON NOTICE on the Respondent at least three clear days before the hearing.
Affidavit in Support — Motion on Notice affidavit
CI 47 · Order 19 r 4 · Order 20
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Same masthead as the motion — the affidavit is filed in the SAME suit, under the SAME number.
  2. 2 PARTIES The suit title — Plaintiff/Applicant and Defendant/Respondent, exactly as on the motion.
  3. 3 HEADING Name the document — AFFIDAVIT IN SUPPORT — the sworn pair of the motion on notice.
  4. 4 OATH I, NAME, occupation, address, MAKE OATH AND SAY — then para 1: I am the Applicant, duly authorised to depose.
  5. 5 GROUNDS The facts that justify the order — the documents EXIST · are in the Respondent's POSSESSION · are RELEVANT — then name the grounding Order (21) and verify the source.
  6. 6 JURAT SWORN AT… this … day of … BEFORE ME… a Commissioner for Oaths — the jurat that makes it evidence.
Motion Ex Parte motion
CI 47 · Order 19 r 3
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit already running — even an ex parte application is a step INSIDE the pending action.
  2. 2 PARTIES Only the mover gains a label — Plaintiff/Applicant; the Defendant takes NO ‘/Respondent’, because ex parte means he is not served before the hearing.
  3. 3 HEADING Name it — MOTION EX PARTE FOR [the interim relief] — and cite the gate rule (Order 19 r.3) plus the Order that grounds the relief (Order 25 r.1).
  4. 4 TAKE NOTICE Moved EX PARTE — NO three clear days, NO costs prayer — praying only (a) the interim relief and (b) the catch-all.
  5. 5 GROUNDS UPON THE GROUNDS in the accompanying AFFIDAVIT — which on an ex parte motion must do THREE extra things.
  6. 6 SIGNATURE Signed for the Applicant, filed with the Registrar — but NOT served before the hearing; if granted, served FORTHWITH, and it lapses in ten days unless extended on notice.
Affidavit in Support — Motion Ex Parte affidavit
CI 47 · Order 19 r 3 · r 4 · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same masthead as the ex parte motion — sworn in the SAME suit, under the SAME number.
  2. 2 PARTIES The suit title — Plaintiff/Applicant and a bare Defendant (no Respondent) — and that Defendant is not present to be heard.
  3. 3 HEADING Name the document — AFFIDAVIT IN SUPPORT — the sworn pair of the ex parte motion.
  4. 4 OATH I, NAME, occupation, address, MAKE OATH AND SAY — para 1: I am the Applicant; para 2: the facts giving rise to the application.
  5. 5 GROUNDS The THREE extra burdens — (3) GOOD REASON for no notice · (4) PRECISE NATURE of the damage · (5) FULL AND FRANK DISCLOSURE — then (6) UNDERTAKINGS, (7) verification.
  6. 6 JURAT SWORN AT… this … day of … BEFORE ME… a Commissioner for Oaths — the jurat that puts the deponent's name behind every word.
Affidavit (General Form) affidavit
CI 47 · Order 20
When you reach for it

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).

Format — the shape, in order

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).

  1. 1 COURT Every affidavit bears the TITLE OF THE CAUSE — the same court, region and suit number as the action it belongs to.
  2. 2 PARTIES The suit title — Plaintiff and Defendant — reproduced unchanged, so the registry can match the affidavit to its action at a glance.
  3. 3 HEADING Name the document and the deponent — AFFIDAVIT OF [NAME] — and, where it serves a motion, say IN SUPPORT or IN OPPOSITION.
  4. 4 OATH I, NAME, of ADDRESS, OCCUPATION, [whether employed by a party], MAKE OATH AND SAY — first person, then paragraph 1: who I am and that the facts are within my knowledge (r.4).
  5. 5 GROUNDS Numbered paragraphs, ONE point each: (2) facts you can PROVE; (3) interlocutory INFO/BELIEF with its SOURCE and GROUNDS; (4) the EXHIBIT, marked and certified (r.8, r.14).
  6. 6 JURAT SWORN AT… this … day of … BEFORE ME, a Commissioner for Oaths — full address, date, officer's name and title (r.4) — and NEVER the party's own lawyer (r.11).
Motion for Interlocutory Injunction motion
CI 47 · Order 25 r 1 · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — an injunction is a holding order INSIDE the running action.
  2. 2 PARTIES Double labels — the Plaintiff is also the Applicant; the Defendant is also the Respondent.
  3. 3 HEADING Name the application — an INTERLOCUTORY INJUNCTION, brought on notice.
  4. 4 TAKE NOTICE TAKE NOTICE — Counsel prays to RESTRAIN the Defendant and all acting through it, until final determination.
  5. 5 HEARING Give the court a date on three clear days' notice — or, in urgency, go ex parte for up to ten days.
  6. 6 SIGNATURE Signed for the Plaintiff – Applicant, filed with the Registrar, served on the Defendant – Respondent.
Affidavit for Interlocutory Injunction affidavit
CI 47 · Order 25 · Order 20
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant and Defendant – Respondent.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — who I am, my authority, and leave to refer to the file.
  5. 5 GROUNDS Serious question · damages won't do · balance of convenience · and I undertake as to damages.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Statement of Case for Interlocutory Injunction statement of case
CI 47 · Order 25 r 1(3)
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the statement of case wears the title of the cause it argues.
  2. 2 PARTIES Identical title to the motion — Plaintiff – Applicant and Defendant – Respondent.
  3. 3 HEADING Name the document — STATEMENT OF CASE OF THE APPLICANT (O.25 r 1(3)) — then introduce the relief and the suit.
  4. 4 THE LAW The three-prong test: serious issue · irreparable harm · balance of convenience — all three.
  5. 5 ARGUMENT Take each prong in turn, apply it to the facts — then offer the undertaking as to damages.
  6. 6 CONCLUSION All three prongs crossed — the Court is respectfully urged to grant the injunction.
Motion on Notice for Joinder motion
CI 47 · Order 4 r 5 · Order 19
When you reach for it

An application = a motion + its affidavit. This is the motion. Every application is made by motion (Order 19 r 1).

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — a motion is a step INSIDE the action, not a new case.
  2. 2 PARTIES Plaintiff, Defendant — then the APPLICANT, the newcomer asking to be let in.
  3. 3 HEADING Name the application — a MOTION ON NOTICE, so the other side is warned and heard.
  4. 4 TAKE NOTICE TAKE NOTICE — Counsel will move the court, praying for joinder, on the grounds in the accompanying affidavit.
  5. 5 HEARING Give the court a date — moved on the day, at 9 in the forenoon, on at least three clear days' notice.
  6. 6 SIGNATURE Signed for the Applicant, filed with the Registrar, served on BOTH the Plaintiff and the Defendant.
Affidavit in Support of Motion for Joinder affidavit
CI 47 · Order 4 r 5(4) · Order 20
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff, Defendant, and the Applicant deposing.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion.
  4. 4 OATH I, name of address, make oath and say — first person, who I am, and that I may depose.
  5. 5 GROUNDS Show the INTEREST — same facts, real loss, and that joinder lets the court decide it all completely.
  6. 6 JURAT SWORN AT (place) THIS (date) — deponent signs, Commissioner signs. The jurat is what makes it sworn.
Motion on Notice for an Order of Transfer motion
CI 47 · Order 3 r 2 · Order 19
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the court FIRST seised — the motion is a step inside the existing suit, not a new case.
  2. 2 PARTIES Plaintiff, then the Defendant who is ALSO the Applicant — the party asking for the move.
  3. 3 HEADING Name the application — a MOTION ON NOTICE FOR AN ORDER OF TRANSFER, so the other side is warned and heard.
  4. 4 TAKE NOTICE TAKE NOTICE — Counsel will move the court to REPORT the case to the Chief Justice for transfer, on the grounds in the accompanying affidavit.
  5. 5 HEARING Give the court a date — moved on the day, at 9 in the forenoon, on at least three clear days' notice.
  6. 6 SIGNATURE Signed for the Applicant, filed with the Registrar, served on the Plaintiff.
Affidavit in Support of Motion to Transfer affidavit
CI 47 · Order 20 · Order 3 r 2
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical title to the motion — Plaintiff, and the Defendant/Applicant deposing.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the motion to transfer.
  4. 4 OATH I, name of address, make oath and say — first person, who I am, and that I may depose.
  5. 5 GROUNDS Prove the ONE ground — land, parties and witnesses all in the Central Region; injustice if it stays in Accra.
  6. 6 JURAT SWORN AT (place) THIS (date) — deponent signs, Commissioner signs. The jurat is what makes it sworn.
Ex Parte Motion for Leave to Issue a Third Party Notice motion
CI 47 · Order 15 r 1(2) · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit ALREADY running — the leave application is a step inside the pending action, not a new case.
  2. 2 PARTIES Only the two existing parties appear — the proposed third party is NOT yet a party and is NOT named in the title.
  3. 3 HEADING Name the application — an EX PARTE MOTION FOR LEAVE, brought under Order 15 r.1(2).
  4. 4 TAKE NOTICE TAKE NOTICE — moved EX PARTE for (a) LEAVE to issue and serve the notice, (b) directions on time, (c) further orders.
  5. 5 GROUNDS UPON THE GROUNDS — entitled to contribution / indemnity from the proposed third party; particulars in the supporting affidavit.
  6. 6 EX PARTE Signed for the Applicant, filed with the Registrar — but NO service line, because EX PARTE means no one is given notice.
Affidavit in Support — Leave to Issue a Third Party Notice affidavit
CI 47 · Order 15 r 1(2) · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same masthead as the motion — the affidavit is filed in the SAME suit, under the SAME number.
  2. 2 PARTIES The suit title — still only the two existing parties; the proposed third party is DESCRIBED here, not yet named in the heading.
  3. 3 HEADING Name the document — AFFIDAVIT IN SUPPORT — so the reader knows it is the sworn pair of the motion.
  4. 4 OATH I, NAME, occupation, address, MAKE OATH AND SAY — the deponent identifies himself and swears.
  5. 5 FIVE POINTS THE FIVE REQUIRED POINTS — claim · stage · my claim · facts · name+address. Miss one and leave can be refused or set aside.
  6. 6 JURAT SWORN AT… BEFORE ME… a Commissioner for Oaths — the jurat that makes it evidence.
Third Party Notice (Form 6) notice
CI 47 · Order 15 r 2 · Form 6
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit number — the notice opens a sub-action INSIDE the existing suit, not a new case.
  2. 2 PARTIES NOW there are THREE — Plaintiff, Defendant AND Third Party; from service, the third party is a party to the action.
  3. 3 HEADING THIRD PARTY NOTICE — issued pursuant to the court's ORDER granting leave, dated on its face.
  4. 4 CLAIM The three things a notice MUST contain — the plaintiff's claim, the defendant's claim over, and the question to be determined.
  5. 5 APPEAR EIGHT DAYS to appear — fail, and you are DEEMED to admit the claim and bound by the judgment (r.5).
  6. 6 ISSUE Signed for the Defendant, sealed by the Registrar (two copies), served WITH the writ and ALL pleadings.
Motion on Notice for Leave to Amend Statement of Claim motion
CI 47 · Order 16 r 5(1) · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit already running — the motion to amend is a step inside the existing action, not a new case.
  2. 2 PARTIES Plaintiff who is ALSO the Applicant — the party seeking leave to amend his own pleading.
  3. 3 HEADING Name the application — MOTION ON NOTICE FOR LEAVE TO AMEND, brought under Order 16 rr.5(1) and 11.
  4. 4 TAKE NOTICE TAKE NOTICE — moved for (a) LEAVE to amend the SoC as set out in the proposed Amended SoC, Exhibit PA1; (b) directions on time; (c) further orders.
  5. 5 GROUNDS UPON THE GROUNDS — the amendment ought to be made to determine the REAL QUESTIONS IN CONTROVERSY; particulars in the supporting affidavit.
  6. 6 SIGNATURE Signed for the Applicant, filed with the Registrar, served ON NOTICE on the Defendant — with the proposed Amended SoC exhibited PA1.
Affidavit in Support — Leave to Amend Statement of Claim affidavit
CI 47 · Order 16 r 11(3) · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same masthead as the motion — the affidavit is filed in the SAME suit, under the SAME number.
  2. 2 PARTIES The suit title — Plaintiff/Applicant and Defendant, exactly as on the motion.
  3. 3 HEADING Name the document — AFFIDAVIT IN SUPPORT — the sworn pair of the motion to amend.
  4. 4 OATH I, NAME, occupation, address, MAKE OATH AND SAY — then: I am the Plaintiff, the action was commenced by writ, pleadings have closed.
  5. 5 GROUNDS The grounds — apply for leave (PA1) · the REASON · the real question · the SAME-FACTS limitation answer (r.5(5)) · no prejudice costs can't cure.
  6. 6 JURAT SWORN AT… BEFORE ME… a Commissioner for Oaths — the jurat that makes it evidence.
Notice of Discontinuance notice
CI 47 · Order 17 r 2(1)
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit being ended — the notice is filed in the SAME action it discontinues.
  2. 2 PARTIES Plaintiff and Defendant, plainly — NO 'Applicant' tag, because there is no motion on this route.
  3. 3 HEADING Name the document — NOTICE OF DISCONTINUANCE, brought under Order 17 r.2(1).
  4. 4 TAKE NOTICE TAKE NOTICE — the Plaintiff wholly discontinues (or withdraws a part), no defence yet served / no fresh step taken since the defence.
  5. 5 COSTS AND the Plaintiff shall pay the Defendant's costs, to be taxed — the price of walking away.
  6. 6 SIGNATURE Dated, signed by counsel for the Plaintiff, filed at the Registry and served on the Defendant.
Motion on Notice for Leave to Discontinue motion
CI 47 · Order 17 r 2(3) · Order 19
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit being ended — the motion is a step inside the action it asks to discontinue.
  2. 2 PARTIES Plaintiff who is ALSO the Applicant — the party asking leave to end his own claim.
  3. 3 HEADING Name the application — MOTION ON NOTICE FOR LEAVE TO DISCONTINUE, brought under Order 17 r.2(3).
  4. 4 TAKE NOTICE TAKE NOTICE — moved for (a) LEAVE to discontinue, (b) LIBERTY to re-sue (ask expressly!), (c) costs, (d) further orders.
  5. 5 GROUNDS UPON THE GROUNDS set out in the supporting affidavit — the reason to discontinue and the answer to the Sasraku attack on liberty.
  6. 6 SIGNATURE Signed for the Applicant, filed with the Registrar, served ON NOTICE on the Defendant.
Affidavit in Support — Leave to Discontinue affidavit
CI 47 · Order 17 r 2(3) · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same masthead as the motion — the affidavit is filed in the SAME suit, under the SAME number.
  2. 2 PARTIES The suit title — Plaintiff/Applicant and Defendant, exactly as on the motion.
  3. 3 HEADING Name the document — AFFIDAVIT IN SUPPORT — the sworn pair of the motion to discontinue.
  4. 4 OATH I, NAME, MAKE OATH AND SAY — I am the Plaintiff; the writ issued, the defence was served, and I have since taken a fresh step, so leave is now required.
  5. 5 GROUNDS The grounds — the REASON to discontinue · LIBERTY answered against the SASRAKU SIX · prejudice met by costs.
  6. 6 JURAT SWORN AT… BEFORE ME… a Commissioner for Oaths — the jurat that makes it evidence.
Civil Procedure · Drafting
5 Readying the case for trial — the pre-trial pit-stop 4 docs

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.

Application for Directions application
CI 47 · Order 32 rr 1, 2
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit already running — directions is a stock-take INSIDE the pending action, taken once the pleadings close.
  2. 2 PARTIES The plaintiff is the APPLICANT — taking out directions is normally HIS job; if he sleeps, the defendant may take them or move to dismiss.
  3. 3 HEADING Name it APPLICATION FOR DIRECTIONS and cite Order 32 r.2 — the stock-take rule. It is case management, not a formality.
  4. 4 TAKE NOTICE TAKE NOTICE — moved on a day NOT LESS THAN EIGHT DAYS after service, and WITHIN ONE MONTH of the close of pleadings.
  5. 5 ISSUES & DIRECTIONS The ISSUES come from the pleadings (Hammond v Odoi); the DIRECTIONS map the road to trial — discovery, witness statements, place & mode, a timetable, ADR.
  6. 6 SIGNATURE Signed, filed and served — the Defendant may add his OWN issues, and a late filing is NOT fatal (Armah v Hydrafoam).
List of Documents list
CI 47 · Order 21 rr 2, 7
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 HEADING Headed in the suit on foot — LIST OF DOCUMENTS under Order 21 r.2, filed within FOURTEEN DAYS of the close of pleadings.
  2. 2 DISCLOSING PARTY The party states what it has, or HAS HAD, in its possession, custody or power — documents you once held still get listed.
  3. 3 SCHEDULE 1 Schedule 1 = the cards turned FACE-UP — documents you do NOT object to producing, listed and described.
  4. 4 SCHEDULE 2 Schedule 2 = documents objected to — you still LIST them, but state the GROUND (e.g. legal professional privilege).
  5. 5 INSPECTION Listing isn't enough — the other side may INSPECT the Schedule 1 documents within SEVEN DAYS (r.7).
  6. 6 VERIFY & PENALTY The list may be VERIFIED BY AFFIDAVIT (r.2(8)) — and hiding a document brings strike-out, loss of its use, or CONTEMPT (r.14).
Interrogatories
CI 47 · Order 22 rr 1, 5
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 HEADING Headed in the suit on foot — INTERROGATORIES under Order 22, in Form 10.
  2. 2 PARTIES One party ASKS; the other must ANSWER — interrogatories run only between PARTIES to the cause, not strangers.
  3. 3 BY LEAVE BY LEAVE only — and leave is given only for what is NECESSARY to dispose of the cause fairly or save costs (no fishing, r.5).
  4. 4 ANSWER ON OATH The answer comes back ON AFFIDAVIT (Form 11), within the period the order fixes — a sworn answer, not a casual reply.
  5. 5 THE QUESTIONS Numbered, specific QUESTIONS — each pinning the other side to a fact: a date, an act, a figure.
  6. 6 TEETH An INSUFFICIENT answer can be ordered fuller (r.7) — and the answers may be PUT IN EVIDENCE at trial.
Request to Admit request
CI 47 · Order 23 rr 2, 3
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 HEADING Headed in the suit on foot — REQUEST TO ADMIT under Order 23, in Form 12; the reply comes in Form 13.
  2. 2 PARTIES One party REQUESTS; the other must RESPOND — and it is the RESPONDING party's diary that the clock punishes.
  3. 3 FOR THIS CAUSE ONLY The admission is FOR THE PURPOSES OF THIS CAUSE ONLY — it binds in this suit, not against the world.
  4. 4 THE 14-DAY CLOCK Respond WITHIN FOURTEEN DAYS, in Form 13 — admit, deny, or give a reason to refuse. The clock is short and unforgiving.
  5. 5 WHAT TO ADMIT Two things can be requested: the TRUTH of a FACT, and the AUTHENTICITY of a DOCUMENT.
  6. 6 THE TRAP SILENCE = ADMISSION. No response in fourteen days and the fact or document is DEEMED ADMITTED (r.3) — withdrawn only on consent or leave (r.5).
Civil Procedure · Drafting
6 The trial 2 docs

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.

Witness Statement
CI 47 · Order 38 rr 3B–3C
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit on foot — a witness statement is filed in the pending action, at the directions stage.
  2. 2 PARTIES Same parties as the suit — the statement is a witness's evidence FOR one side in this action.
  3. 3 HEADING Name whose statement it is — WITNESS STATEMENT OF [name] — under Order 38 r.3B. One statement per witness.
  4. 4 THE WITNESS I … WILL SAY' — first person, identified by residence and occupation; facts within own knowledge save where a source is named.
  5. 5 THE EVIDENCE Numbered paragraphs of ONLY what she could say ORALLY — this IS the evidence-in-chief (r.3E); serve it on time or no oral evidence without leave (r.3D).
  6. 6 STATEMENT OF TRUTH It MUST carry a STATEMENT OF TRUTH (r.3C) — the trial-stage descendant of the affidavit's oath; verify it false and the gravest consequences follow.
Writ of Subpoena subpoena
CI 47 · Order 38 rr 10–13 · Form 14
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit on foot — a WRIT OF SUBPOENA in Form 14, issued on a request in Form 15.
  2. 2 TO THE WITNESS Addressed TO the witness by name — a subpoena compels a NON-PARTY, unlike interrogatories which bind a party.
  3. 3 THE COMMAND WE COMMAND YOU to attend — and so from DAY TO DAY until the trial of this action is concluded.
  4. 4 AD TESTIFICANDUM AD TESTIFICANDUM — to GIVE EVIDENCE: the subpoena that compels a witness to attend and testify.
  5. 5 DUCES TECUM DUCES TECUM — and BRING THE DOCUMENTS: the form that compels production at trial. List them precisely.
  6. 6 ISSUE & SERVICE Sealed by the registry on a Form 15 request; SERVED PERSONALLY, within TWELVE WEEKS of issue (rr.12-13).
Civil Procedure · Drafting
7 Judgments & orders 1 doc

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.

Entry of Judgment judgment
CI 47 · Order 41 r 7 · Form 17
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit that was tried — the entry of judgment closes the record of the same action, in the same court.
  2. 2 PARTIES The parties gain NEW names — the winner is the JUDGMENT CREDITOR, the loser the JUDGMENT DEBTOR.
  3. 3 HEADING Name it ENTRY OF JUDGMENT and cite Order 41 r.7 (Form 17) — the drawing-up-and-entry rule.
  4. 4 THE RECITAL Recite the trial and the day judgment was PRONOUNCED — the day from which it takes effect (r.5).
  5. 5 THE ADJUDICATION IT IS ADJUDGED — a DECLARATION is not executable (r.1), so add the CONSEQUENTIAL ORDER (with a time, r.4), the money (forthwith / instalments, r.8) and costs.
  6. 6 ENTRY & THE STATE The creditor DRAWS IT UP and the Registrar ENTERS it in the judgment book (r.7) — but against the STATE, no execution without the s.15 certificate (Act 555).
Civil Procedure · Drafting
8 Enforcing the judgment 6 docs

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.

Entry of Judgment — Read for Enforcement judgment
CI 47 · Order 43 · Order 41 r 7
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit that was decided — enforcement is a continuation of the same action, not a new one.
  2. 2 PARTIES The winner is the JUDGMENT CREDITOR (entitled to enforce); the loser the JUDGMENT DEBTOR (against whom enforcement runs).
  3. 3 HEADING ENTRY OF JUDGMENT — the record you DRAW UP, ENTER and SERVE PERSONALLY first; no entry = nothing to enforce (Akowuah v Amoo).
  4. 4 LAND → POSSESSION Land → a WRIT OF POSSESSION, with leave and notice to occupiers (O.43 r.3); goods → a writ of delivery (r.4).
  5. 5 MONEY → THE MENU Money → the MENU OF FIVE: fi.fa · garnishee · charging order · receiver — pick one or more (O.43 r.1).
  6. 6 AN ACT → COMMITTAL A do/abstain order → COMMITTAL or SEQUESTRATION (r.5) — but ONLY after a PENAL NOTICE served personally (r.7); and an appeal is NOT a stay (r.11).
Writ of Fieri Facias writ
CI 47 · Order 44 · Order 45 r 1
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — but now AFTER judgment: this is enforcement, not trial.
  2. 2 PARTIES Two roles, relabelled — the winner is the Judgment / Execution CREDITOR, the loser the Judgment / Execution DEBTOR.
  3. 3 TITLE Name it — a WRIT OF FIERI FACIAS: a writ of EXECUTION (Order 44) that works by SEIZURE AND SALE (Order 45).
  4. 4 COMMAND TO THE BAILIFF: cause to be made of the debtor's property ENOUGH for the debt + interest + costs — by SEIZURE AND SALE.
  5. 5 INDORSEMENTS Two indorsements — LEAVE to issue where required (r 3); and before you levy on LAND, swear the movables were not enough (r 2(3)-(4)).
  6. 6 ISSUE & SEAL Issued and SEALED by the Registrar — and valid 12 MONTHS: renew it before it expires (Order 44 r 9).
Motion Ex Parte for a Garnishee Order motion
CI 47 · Order 47 r 1 · Order 19 r 3
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — but now AFTER judgment: this is enforcement, not trial.
  2. 2 PARTIES THREE roles now — Judgment Creditor, Judgment Debtor, and the Garnishee who owes the debtor.
  3. 3 HEADING Name it — an EX PARTE garnishee order to SHOW CAUSE (the order nisi).
  4. 4 MOTION MOTION EX PARTE — that the Garnishee show cause why it should not pay, and that the debt be attached meanwhile.
  5. 5 HEARING The order fixes the show-cause day — then it is served ≥ 7 days ahead on the garnishee and the debtor.
  6. 6 SIGNATURE Signed for the Judgment Creditor – Applicant, filed with the Registrar — and NO 'AND TO' line, because the MOTION is ex parte.
Affidavit for a Garnishee Order affidavit
CI 47 · Order 47 r 2 · Order 20
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Same court, same suit — the affidavit wears the title of the cause it supports.
  2. 2 PARTIES Identical three-role title — Judgment Creditor – Applicant, Judgment Debtor, Garnishee.
  3. 3 HEADING Name the deponent in the heading — AFFIDAVIT OF (name) IN SUPPORT OF the garnishee motion.
  4. 4 OATH I, name of address, make oath and say — who I am, and that I may depose to these facts.
  5. 5 GROUNDS Identify the judgment + sum unpaid · the debtor banks with the garnishee · so the garnishee owes the debtor.
  6. 6 JURAT WHEREFORE I swear — SWORN AT (place) THIS (date), deponent signs, Commissioner signs.
Interpleader Summons summons
CI 47 · Order 48 rr 1, 2, 7
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the EXECUTION suit — a Registrar's interpleader arises out of the execution already on foot.
  2. 2 THE CLAIMANTS Addressed TO the two rival CLAIMANTS — the Applicant is the neutral man in the middle who serves them both.
  3. 3 HEADING Name it RELIEF BY WAY OF INTERPLEADER (Order 48) — two kinds: stakeholder (r.1(a)) and Registrar's (r.1(b)).
  4. 4 TAKE NOTICE TAKE NOTICE — the Applicant moves the Court to bring the rivals in and let the man in the middle step out.
  5. 5 THE RELIEFS Three reliefs: MAINTAIN-or-RELINQUISH (r.2) · an ISSUE stated and tried (r.7) · the Applicant DISCHARGED on paying in.
  6. 6 SERVE & REGISTRAR'S BRANCH Serve EVERY claimant; no particulars in 7 days = abandon (r.6); duck the contest = FOREVER BARRED (r.10); the Registrar's branch rides the notice of claim (O.44 rr.12-13).
Affidavit in Support of Interpleader affidavit
CI 47 · Order 48 r 4 · Order 20
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed in the same execution suit — the affidavit travels with the interpleader summons.
  2. 2 PARTIES The Applicant is the man in the middle; the rivals are the Claimants — the affidavit is the Applicant's own oath.
  3. 3 HEADING Name it AFFIDAVIT IN SUPPORT — its one job is the three r.4 proofs.
  4. 4 THE OATH First person, on oath — the man in the middle swears he is genuinely neutral.
  5. 5 THE THREE PROOFS The THREE PROOFS (r.4): (a) NO INTEREST · (b) NO COLLUSION · (c) WILLING TO PAY IN — all three, or you are not a true stakeholder.
  6. 6 JURAT & THE ANNEX Jurat sworn before a Commissioner for Oaths; for the Registrar's branch, ANNEX the notice of claim (O.44 rr.12-13).
Civil Procedure · Drafting
9 Appeals 1 doc

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.

Notice of Appeal notice
CI 47 · Order 51 r 1 · CI 19 r 8
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT Titled in the COURT ABOVE — the appeal goes UP, under a new CIVIL APPEAL number, from the court below.
  2. 2 PARTIES The DISSATISFIED party is the APPELLANT; the other side the RESPONDENT — the roles are recast from the suit below.
  3. 3 HEADING Name it NOTICE OF APPEAL — the document that LAUNCHES the appeal (O.51 r.1; Rule 8 C.I. 19) and must state FOUR things.
  4. 4 TAKE NOTICE TAKE NOTICE — dissatisfied with the decision below, the Appellant appeals against the WHOLE (or a stated PART).
  5. 5 GROUNDS & RELIEF GROUNDS concise & non-argumentative, with PARTICULARS (Hotel Majorie Y v Monyo); plus the one general ground 'against the weight of the evidence'; then the RELIEF.
  6. 6 PARTIES, TIME & NO STAY Name the PARTIES served; file IN TIME (interlocutory 21 days NO extension / final 3 months); and an appeal is NOT a stay — move separately.
Civil Procedure · Drafting
10 Special actions & procedures 5 docs

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.

Moneylender's Action — Writ Indorsement & Particulars reference
CI 47 · Order 59 rr 2, 3
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT Headed like any High Court suit — but a moneylender's action carries special burdens an ordinary plaintiff never faces.
  2. 2 PARTIES The lender (or her assignee) sues the borrower — a moneylender's action to recover money lent or enforce the security.
  3. 3 HEADING Order 59 governs TWO actions — a MONEYLENDER'S action (recover money lent / enforce the security) and a MORTGAGE action (pay · sell · receiver · possession · release).
  4. 4 THE LICENCE INDORSEMENT No moneylender's writ without the LICENCE INDORSEMENT (r.2) — indorse, before issue, that you were licensed when the loan was made.
  5. 5 THE PARTICULARS Lay the loan bare in the claim (r.3) — date · amount lent · rate · the signed note · repaid · unpaid+due · interest accrued.
  6. 6 NO DEFAULT WITHOUT LEAVE Silence is NOT surrender — no default judgment without LEAVE on notice (rr.4-5); and unlicensed ≠ void — the court slashes harsh interest, not the principal.
Application for a Grant application
CI 47 · Order 66 rr 8–10
When you reach for it

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).

Format — the shape, in order

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.

  1. 1 COURT (PROBATE) Headed in the PROBATE court, IN THE MATTER OF the estate of the deceased — a grant is sought, not a contest begun.
  2. 2 APPLICANT & ENTITLEMENT ENTITLEMENT first — name your place on the ladder: executor (r.12 testate) or spouse → children → parents → customary successor, max FOUR (r.13 intestate).
  3. 3 HEADING Name it APPLICATION FOR A GRANT (PROBATE / LETTERS OF ADMINISTRATION) under Order 66 rr.8-10.
  4. 4 DEATH & WILL Prove the DEATH (certificate exhibited, r.9(2)) — and say whether there is a WILL (probate) or none (LA under PNDCL 111).
  5. 5 DECLARATION OF VALUE Declare the VALUE of the estate (r.9(3)) — the figure on which fees are assessed and the grant is sized.
  6. 6 NOTICE, CAVEAT & INTERMEDDLING No LA grant until the 21-DAY NOTICE (r.10); the Registrar won't seal while a CAVEAT stands; and touching the estate without a grant is INTERMEDDLING (r.3).
Citation
CI 47 · Order 66 r 7 · r 15
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT (PROBATE) Headed in the PROBATE court, in the matter of the estate — a citation moves the grant along, it is not a fresh suit.
  2. 2 CITOR & CITED The CITOR (who wants the estate moving) cites the CITED — the named executor, or the person with a prior right who will not act.
  3. 3 HEADING Name it a CITATION — to PROVE/RENOUNCE (r.7) or to ACCEPT/REFUSE a grant (r.15).
  4. 4 THE 14-DAY DEMAND TAKE NOTICE — within FOURTEEN DAYS of service, prove/renounce (r.7) or accept/refuse a grant (r.15).
  5. 5 OR LOSE THE RIGHT Fail to act and your right is EXTINGUISHED / passed over — a grant may then issue to the citor or the next entitled.
  6. 6 THE CAVEAT MIRROR Citation is the SWORD (forces action); the CAVEAT (Form 24) is the SHIELD — it stops a grant issuing without notice to you.
Bill of Costs bill
CI 47 · Order 74 rr 1(2), 2
When you reach for it

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)).

Format — the shape, in order

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.

  1. 1 COURT Headed in the suit that was decided — the bill flows from the costs order the court has already made.
  2. 2 PARTIES Costs follow the event — the winner is the party ENTITLED to costs, the loser the party LIABLE for them.
  3. 3 HEADING Name it BILL OF COSTS FOR TAXATION (Order 74) — costs are in the court's DISCRETION (Eid v Eid).
  4. 4 THE COSTS ORDER Recite the ORDER that the loser pay the winner's costs — the bill is submitted for assessment / taxation.
  5. 5 THE THREE HEADS Three COMPENSATORY heads (r.2(3)): COURT FEES · reasonable EXPENSES (incl. travel) · the lawyer's reasonable FEE — then the TOTAL.
  6. 6 SUMMARY OR TAXATION Fixed SUMMARILY at judgment if practicable (r.2(5)) — else sent to TAXATION (r.2(6)); padded items cut, and your own conduct can reduce it (r.2(4)(d)).
Election Petition petition
PNDCL 284 ss 16–18 · Const. arts 64, 99
When you reach for it

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.

Format — the shape, in order

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.

  1. 1 COURT (THE TWO FORA) The COURT is jurisdictional — PARLIAMENTARY → the High Court (appeal to the Court of Appeal ONLY); PRESIDENTIAL → the Supreme Court.
  2. 2 PETITIONER & RESPONDENTS CAPACITY is jurisdictional (s.17) — only a candidate, a registered voter entitled to vote, or (presidential) a citizen may petition; join the EC.
  3. 3 THE MATTER & HEADING Recite the MATTER — the election + the Representation of the People Act 1992 (PNDCL 284) and the Constitution — then name it an ELECTION PETITION.
  4. 4 THE DECLARED RESULT You cannot petition before the result is DECLARED — even for corruption (Ex parte Hawa Yakubu); recite the declaration (and the Gazette).
  5. 5 GROUNDS & RELIEF Plead the GROUNDS (irregularity / non-compliance / corrupt practice, with particulars) and PRAY the relief — not duly elected / election void, with costs.
  6. 6 THE 21-DAY CLOCK The 21-DAY clock is KING — from the Gazette (parliamentary) or declaration (presidential); NO extension (s.18(3)); no Order 81 mercy.