Civil Procedure · Drafting
Draft it by the book.
Drafting is its own exam skill. Each document below is reproduced exactly from C.I. 47 and the leading precedent books, then broken into six colour zones you can read, study, and assemble from memory. Pick a document to begin.
Stage 1 · 9 documents
Pleadings — the written case
From the writ that opens the suit to the reply that closes the pleadings — including how a defendant appears.
CI 47 · Form 1 · Order 2 r 3(1)
Writ of Summons
The originating process. Six colour zones: Crown · Parties · Address · Recital · Command · Warning. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 11 · Pleadings
Statement of Claim
The plaintiff's story and prayer for relief. Six colour zones: Court · Parties · Heading · Averments · Relief · Signature. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 2 r 4 · Order 4 rr 9 & 11
Representative Action — Capacity in the Title
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). Five colour zones: Court · Title & Parties · Claim · Capacity · Carry It Through. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Form 5/5A · Order 9 r 3(1)
Notice of Appearance
The defendant signals intent to defend — not a defence, that comes later. Six colour zones: Court · Parties · Heading · Notice · Signature · Certificate — with the take-notice clause, address for service, and the Registrar's certificate. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 9 r 7 · Order 9 r 8
Notice of Conditional Appearance
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. Six colour zones: Court · Parties · Heading · Notice · Signature · Certificate.
CI 47 · Order 11 rr 8–13 · Pleadings
Statement of Defence
The defendant's answer — general traverse, then paragraph-by-paragraph admissions and denials. Six colour zones: Court · Parties · Heading · Traverse · Answers · Signature. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 12 · Counterclaims
Defence & Counterclaim
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. Six colour zones: Court · Parties · Heading · Defence · Counterclaim · Signature. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 12 r 2(2) · Reply
Reply & Defence to Counterclaim
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. Six colour zones: Court · Parties · Heading · Reply · Defence to Counterclaim · Signature. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 11 r 17
Plea of Set-off
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. Three parts: Plea · Particulars · Link to counterclaim. Raw · Decoded · Assemble modes with voice tour.
Stage 2 · 4 documents
Service of process
Getting the writ to a defendant who dodges service, or who is abroad — both brought ex parte.
CI 47 · Order 7 r 6 · Order 19 r 3
Motion Ex Parte for Substituted Service
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. Six colour zones: Court · Parties · Heading · Motion · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 7 r 6(2) · Order 20
Affidavit for Substituted Service
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 8 · Order 19 r 3
Motion Ex Parte for Leave to Serve Out
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. Six colour zones: Court · Parties · Heading · Motion · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 8 r 2 · Order 20
Affidavit for Leave to Serve Out
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). Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
Stage 3 · 11 documents
Ending it without a full trial
Knock the case — or a hopeless defence — out early: strike out, summary judgment, and judgment in default of appearance or of defence.
CI 47 · Order 11 r 18 · Order 19
Motion to Strike Out
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. Six colour zones: Court · Parties · Heading · Take Notice · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 11 r 18 · Order 20
Affidavit to Strike Out
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 14 r 1 · Order 19
Motion for Summary Judgment
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. Six colour zones: Court · Parties · Heading · Take Notice · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 14 r 2(2) · Order 20
Affidavit in Support of Summary Judgment
The heart of the application — it verifies the facts and swears there is no defence (Order 14 r 2(2)). Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 14 r 4–5 · Order 20
Affidavit in Opposition to Summary Judgment
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. Six colour zones: Court · Deponent · Title · Defence · Prayer · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 10 r 1 · Order 19 r 3
Motion for Judgment in Default of Appearance
The twin of default of defence — but here the defendant never appeared at all (Order 10). Ex parte; final judgment for a liquidated claim. Six colour zones: Court · Parties · Heading · Motion · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 10 · Order 20
Affidavit for Judgment in Default of Appearance
Proves due service (the linchpin — Order 10 r 6) and the failure to appear, with a registry search as Exhibit A. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 13 · Order 19
Motion for Judgment in Default of Defence
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). Six colour zones: Court · Parties · Heading · Motion · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 13 · Order 20
Affidavit for Judgment in Default of Defence
Proves the default — service, time elapsed, and a registry search annexed as Exhibit A. The first affidavit in the set to exhibit a document. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 10 r 8 · Order 19
Motion to Set Aside Default Judgment
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. Six colour zones: Court · Parties · Title · Motion · Signature · Service. Pairs with the Affidavit in Support below.
CI 47 · Order 10 r 8 · Order 20
Affidavit to Set Aside Default Judgment
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. Six colour zones: Court · Deponent · Title · Body · Prayer · Jurat. Raw · Decoded · Assemble modes with voice tour.
Stage 4 · 19 documents
Holding & shaping the suit
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.
CI 47 · Order 19 rr 1, 2, 4
Motion on Notice
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). Six colour zones: Court · Parties · Heading · Take Notice · Grounds · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 19 r 4 · Order 20
Affidavit in Support — Motion on Notice
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). Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 19 r 3 · Order 25 r 1
Motion Ex Parte
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). Six colour zones: Court · Parties · Heading · Take Notice · Grounds · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 19 r 3 · Order 20
Affidavit in Support — Motion Ex Parte
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 20
Affidavit (General Form)
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). Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 25 r 1 · Order 19
Motion for Interlocutory Injunction
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. Six colour zones: Court · Parties · Heading · Take Notice · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 25 · Order 20
Affidavit for Interlocutory Injunction
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). Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 25 r 1(3)
Statement of Case for Injunction
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. Six colour zones: Court · Parties · Heading · The Law · Argument · Conclusion. Completes the Motion and Affidavit above.
CI 47 · Order 4 r 5 · Order 19
Motion on Notice for Joinder
An application = a motion + its affidavit. This is the motion — every application is made by motion (Order 19 r 1). Six colour zones: Court · Parties · Heading · Take Notice · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 4 r 5(4) · Order 20
Affidavit in Support of Joinder
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). Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 3 r 2 · Order 19
Motion on Notice for an Order of Transfer
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). Six colour zones: Court · Parties · Heading · Take Notice · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 20 · Order 3 r 2
Affidavit in Support of Motion to Transfer
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 15 r 1(2) · Order 19
Ex Parte Motion for Leave (Third Party)
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. Six colour zones: Court · Parties · Heading · Take Notice · Grounds · Ex Parte. Pairs with the Affidavit in Support below.
CI 47 · Order 15 r 1(2) · Order 20
Affidavit in Support — Third Party Leave
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. Six colour zones: Court · Parties · Heading · Oath · Five Points · Jurat.
CI 47 · Order 15 r 2 · Form 6
Third Party Notice (Form 6)
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. Six colour zones: Court · Parties · Heading · Claim · Appear · Issue.
CI 47 · Order 16 r 5(1) · Order 19
Motion for Leave to Amend Statement of Claim
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. Six colour zones: Court · Parties · Heading · Take Notice · Grounds · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 16 r 11(3) · Order 20
Affidavit in Support of Amendment
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 17 r 2(1)
Notice of Discontinuance
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. Six colour zones: Court · Parties · Heading · Take Notice · Costs · Signature.
CI 47 · Order 17 r 2(3) · Order 19
Motion for Leave to Discontinue
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. Six colour zones: Court · Parties · Heading · Take Notice · Grounds · Signature. Pairs with the Affidavit below.
CI 47 · Order 17 r 2(3) · Order 20
Affidavit in Support of Discontinuance
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
Stage 5 · 4 documents
Readying the case for trial — the pre-trial pit-stop
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.
CI 47 · Order 32 rr 1, 2
Application for Directions
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). Six colour zones: Court · Parties · Heading · Take Notice · Issues & Directions · Signature.
CI 47 · Order 21 rr 2, 7
List of Documents
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. Six colour zones: Heading · Disclosing Party · Schedule 1 · Schedule 2 · Inspection · Verify & Penalty.
CI 47 · Order 22 rr 1, 5
Interrogatories (Form 10)
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. Six colour zones: Heading · Parties · By Leave · Answer on Oath · The Questions · Teeth.
CI 47 · Order 23 rr 2, 3
Request to Admit (Form 12)
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). Six colour zones: Heading · Parties · For This Cause Only · The 14-Day Clock · What to Admit · The Trap.
Stage 6 · 2 documents
The trial
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.
CI 47 · Order 38 rr 3B–3C
Witness Statement
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). Six colour zones: Court · Parties · Heading · The Witness · The Evidence · Statement of Truth.
CI 47 · Order 38 rr 10–13 · Form 14
Writ of Subpoena
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. Six colour zones: Court · To the Witness · The Command · Ad Testificandum · Duces Tecum · Issue & Service.
Stage 7 · 1 document
Judgments & orders
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.
CI 47 · Order 41 r 7 · Form 17
Entry of Judgment
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). Six colour zones: Court · Parties · Heading · The Recital · The Adjudication · Entry & the State.
Stage 8 · 6 documents
Enforcing the judgment
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.
CI 47 · Order 43 · Order 41 r 7
Entry of Judgment — Read for Enforcement
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). Six colour zones: Court · Parties · Heading · Land → Possession · Money → the Menu · An Act → Committal.
CI 47 · Order 44 · Order 45 r 1
Writ of Fieri Facias
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. Six colour zones: Court · Parties · Title · Command · Indorsements · Issue & Seal.
CI 47 · Order 47 r 1 · Order 19 r 3
Motion Ex Parte for a Garnishee Order
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. Six colour zones: Court · Parties · Heading · Motion · Hearing · Signature. Pairs with the Affidavit in Support below.
CI 47 · Order 47 r 2 · Order 20
Affidavit for a Garnishee Order
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. Six colour zones: Court · Parties · Heading · Oath · Grounds · Jurat. Raw · Decoded · Assemble modes with voice tour.
CI 47 · Order 48 rr 1, 2, 7
Interpleader Summons
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). Six colour zones: Court · The Claimants · Heading · Take Notice · The Reliefs · Serve & the Registrar's Branch.
CI 47 · Order 48 r 4 · Order 20
Affidavit in Support of Interpleader
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). Six colour zones: Court · Parties · Heading · The Oath · The Three Proofs · Jurat & the Annex.
Stage 9 · 1 document
Appeals
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.
CI 47 · Order 51 r 1 · CI 19 r 8
Notice of Appeal
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. Six colour zones: Court · Parties · Heading · Take Notice · Grounds & Relief · Parties, Time & No Stay.
Stage 10 · 5 documents
Special actions & procedures
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.
CI 47 · Order 59 rr 2, 3
Moneylender's Action
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). Six colour zones: Court · Parties · Heading · The Licence Indorsement · The Particulars · No Default Without Leave.
CI 47 · Order 66 rr 8–10
Application for a Grant
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). Six colour zones: Court (Probate) · Applicant & Entitlement · Heading · Death & Will · Declaration of Value · Notice, Caveat & Intermeddling.
CI 47 · Order 66 r 7 · r 15
Citation (Probate)
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. Six colour zones: Court (Probate) · Citor & Cited · Heading · The 14-Day Demand · Or Lose the Right · The Caveat Mirror.
CI 47 · Order 74 rr 1(2), 2
Bill of Costs
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)). Six colour zones: Court · Parties · Heading · The Costs Order · The Three Heads · Summary or Taxation.
PNDCL 284 ss 16–18 · Const. arts 64, 99
Election Petition
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. Six colour zones: Court (the Two Fora) · Petitioner & Respondents · The Matter & Heading · The Declared Result · Grounds & Relief · The 21-Day Clock.