[C.I.

59]
DISTRICT COURT RULES, 2009

ARRANGEMENT OF RULES

GENERAL PROVISIONS

ORDER 1
Preliminary Matters
1. Application of Rules.
2. Publicity of proceedings.
3. Conduct of proceedings by a person other than a party.
4. Acting without authority.
5. Forms in the schedule.

ORDER 2
Commencement of Proceedings
1. Title of parties.
2. Commencement of proceedings.

ORDER 3
Particulars of claim
1. Particulars of claim.
2. Judgment not to exceed claim.

ORDER 4
Service of Process
1. Time and manner of service.
2. Service on particular persons.
3. Service of documents on persons with disability.
4. Process book.
5. Actions against limited liability companies.
6. Substituted service.
7. Proof of service.

ORDER 5
 Venue and Transfer
1. Venue of proceedings.
2. Transfer of proceedings.

ORDER 6
Time
1. Reckoning periods of time.
2. Non-working days.
3. Extension or reduction of time.
4. Definition of month.

ORDER 7
Costs
1. Costs at discretion of Court.
2. Security for costs.
3. Stay of proceedings pending payment or security for costs.
4. Costs out of fund in suit.

ORDER 8
Undefended suits
1. Suit for undefended list when plaintiff has no defence.
2. Copies of affidavit to be furnished by plaintiff.
3. Notice of intention to defend and affidavit of grounds of defence.
4. Judgment for part of claim.
5. Where one defendant has good defence but the other does not.
6. Special leave to defend where rule 3 not complied with.
7. Disposal of undefended suits.
8. Saving of Courts powers.

ORDER 9
Parties
1. Suit on behalf of others.
2. Joint ground of suit.
3. Where joint interest, parties may sue or defend for others.
4. Joint and several demand.
5. Non-joinder.
6. Misjoinder of parties.
7. Distinct causes of action in one writ.
8. Action open to defendant.
9. Power of Court to exclude.
10. Misjoinder of suits.
11. Consolidation of causes.
12. Court to appoint guardians to infant or mentally challenged defendants.
13. Notice and service of notice of appointment of guardian.
14. Suits by infants and mentally challenged persons.
15. Change of parties by reason of death or bankruptcy.
16. Failure to proceed after death.

ORDER 10
Plaintiff Out of Jurisdiction
1. Plaintiff to assign place for service.

ORDER 11
Attendance of Parties
1. Court may permit party to appear by proxy.
2. Act may be done by agent.

ORDER 12
Arrest of Absconding Defendant
1. Defendant leaving jurisdiction; application for security.
2. Security for satisfaction of judgment.
3. Deposit in lieu of security.
4. Committal in default of security deposit.
5. Cost of keeping the arrested person.

ORDER 13
Interlocutory Injunction, Interim Preservation of Property
1. Application for injunction.
2. Detention, preservation of property.
3. Power to order samples to be taken.
4. Sale of perishable property.
5. Order for early trial.
6. Undertaking as to damages.

ORDER 14
Interpleader
1. Entitlement to relief by way of interpleader.
2. Mode of application.
 pp
3. Application by defendant.
4. Matters to be approved by applicant.
5. Date for claimants to appear in court.
6. Filing of particulars of claimant’s claim.
7. Order upon appearance of claimants.
8. Disposal in summary manner.
9. Power to order sale of goods taken in execution.
10. Failure to appear or default of claimant.
11. Other powers.

ORDER 15
Equitable Relief, Counterclaim, Set-off
1. Equitable defence.
2. Relief not specifically asked may be granted.
3. Counterclaim, set-off.
4. Notice of counterclaim or set-off.
5. Defendant may have judgment for balance due on counterclaim.
6. Payment into court where partial set-off.

ORDER 16
Dismissal of Suit on Grounds of Law
1. Legal defence by motion.
2. Facts taken as admitted.
3. Order on the motion.

ORDER 17
Payment into Court
1. Payment into Court upon notice.
2. No intimation to Court of payment.
3. Acceptance of sum paid.
4. Stay of proceedings after payment.
5. Non-acceptance of payment.
6. Order for payment into court to be obtained from Magistrate.

ORDER 18
Written Statements
1. Circumstances which require written statements.
2. Illiterate parties.
3. The pleading to state all material facts.
4. How facts are to be stated.
5. Further and better particulars.
6. Further and better particulars by letter.
7. The relief claimed to be stated.
8. Grounds of claim founded on separate facts to be separately stated.
9. Defendants written statement to meet allegations in statement of claim.
10. Allegations shall not be denied generally, but specifically.
11. Denial of fact must answer point of substance.
12. Admissions, their effect.
13. Set-off or counterclaim to be pleaded.
14. Evidence in denial of allegation or in support of defence not set up in
pleading.
15. Costs in certain cases.
16. Filing and service of written statements.

ORDER 19
Amendment
1. Circumstances.

ORDER 20
Receivers and Managers
1. Appointment of receiver.
2. Ancillary injunction.
3. Security by receiver or manager.
4. Allowance of receiver or manager.
5. Receiver’s accounts.
6. Payment of receipts.

ORDER 21
Execution
1. Mode of execution.
2. Meaning of writ in this Order.
3. Enforcement of judgment for payment of money or order in aid of a writ.
4. Enforcement of judgment for possession of immovable property.
5. Enforcement of judgment for delivery of goods.
6. Court may order act to be done at expense of disobedient party.
7. Execution by or against person not being a party.
8. Conditional judgment, waiver.
9. Forms applicable to this Order.

ORDER 22
 Writs of Execution -General
1. Interpretation.
2. Effect of writ of execution.
3. Necessity for leave to issue writ of execution.
4. Writ in aid of other writ.
5. Application for leave to issue writ.
6. Issue of writ of execution.
7. Duration and renewal of writ of execution.
8. Procedure after issue of writ of execution.
9. Return of writ of execution.
10. Claims by other person (interpleader).
11. Powers of Court hearing application for relief.

ORDER 23
Writ of Fieri Facias
1. Nature of writ of fieri facias.
2. Two or more writs of fieri facias.
3. Separate writs to enforce payment of costs.
4. Methods of putting writ into effect.
5. Service of prohibitory orders.
6. Unauthorised alienation during attachment.
7. Payment of money and proceeds of sale.
8. Sales in execution of judgments.
9. Periods of notice of sale.
10. Setting aside sale for irregularity.
11. When sale becomes absolute.
12. Delivery of property sold.
13. Transfer of securities or shares.
14. Withdrawal on, satisfaction of judgment.
15. Power to stay execution by writ of fieri facias.

ORDER 24
Garnishee Proceedings
1. Order for examination.
2. Examination of party liable to satisfy the judgment.
3. Attachment of debt owed to judgment debtor.
4. Application for order.
5. Service and effect of order to show cause.
6. No attendance or dispute of liability by garnishee.
7. Dispute of liability by garnishee.
8. Claims of third person.
9. Discharge of garnishee or judgment debtor.
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10. Money in court.
11. Costs.

ORDER 25
Proceedings At Trial
1. Failure to attend trial.
2. Judgment given in absence of party may be set aside.
3. Adjournment of trial.
4. Order of giving evidence.
5. Where written pleadings not filed, or parties are illiterate.
6. Disallowance of vexatious questions in cross examination.
7. List of exhibits.
8. Custody of exhibits after trial.

ORDER 26
Evidence Generally
1. General rule on witnesses to be examined orally.
2. Evidence by affidavit.
3. Limitation of expert evidence.
4. Official documents in evidence.
5. Form and issue of witness summons.
6. Amendment of witness summons.
7. Service of witness summons.
8. Duration of witness summons.

ORDER 27
Delays and Discontinuance
1. Duty to avoid delay.
2. Notice of intention to proceed.
3. Striking out for delays.
4. Withdrawal or discontinuance.
5. Strikiing out action as discontinued.
6. Discontinuance does not abate counterclaim.
7. Discontinuance does not operate as estoppel.
8. Stay of subsequent action.
9. Meaning of withdrawal and discontinuance.

ORDER 28
Judgment
1 Delivery of judgment.
 y j g
2 Notice when reserved.
3 When parties deemed to have had notice.
4 Minute of judgment: its effect.
5 Where set-off or counterclaim granted.
6 Decree to be obeyed without demand.
7 Court may direct time for payment or performance and interest.

ORDER 29
Review
1. Power of review.
2. Application within fourteen days.
3. Parties to be heard.
4. Application for review not a stay of proceedings.

ORDER 30
Sittings, Office Hours, Weekends and Public Holidays
1. Days and hours of sitting.
2. Order of business.

PROBATE AND ADMINISTRATION

ORDER 31
Preliminary Matters
1. Application for probate or letters of administration.
2. Preservation of property.
3. Intermeddling with property.
4. Neglect to apply for probate.
5. Production of testamentary papers.
6. Examination in respect of testamentary papers.
7. Notice to executors to come in and prove will.
8. Affidavit in support of application.
9. Declaration of property of the deceased.
10. Caveat.
11. Order of priority for grant where deceased leaves a will.
12. Order of priority for grant where person dies intestate after P.N.D.C.L. 111.
13. Grant where two or more persons are entitled in the same degree.
14. Notice to accept or refuse grant of probate or administration .
15. Custody of will.
16. Examination of will.
17. Attestation clause and witnesses.
18. Blind or illiterate testator.
19. Interlineations, alterations, erasures, obliterations.
20. Documents referred to in a will.
21. Making copy of a will sworn to.
22. Examination of person making affidavit.
23. Double probate.
24. Proof of will in common form.
25. Proof of will in solemn form.
26. Issue of writ to have will pronounced valid.
27. Action to declare will valid.
28. Action to revoke grant of probate or letters of administration.

Administration without will Annexed

29. General procedure for administration.
30. Bond forms.

Contentions Probate Matters

31. Interpretation of contentious probate matters.
32. Commencement of probate action.
33. Intervention.
34. Notice to an interested person.
35. Entry of appearance.
36. Notice to bring in grant.
37. Affidavit of testamentary script.
38. Default of appearance.
40. Pleadings.
41. Counterclaim.
42. Default of pleading.
43. Discontinuance.
44. Interpretation of administration action.
45. Directions by the court in administration action.
46. Parties.

Limited and Special Grants

47. Lost damaged or unobtainable wills.
48. Grant to persons with attorney.
49. Grant for the use of minors.
50. Persons to whom grants may be made as guardians of children.
51. Disability grants.
52. Incapacity after grant.
53. Grant in respect of person serving prison sentence.
54. Grant limited by the terms of the will.
 y
55. Grant limited by absence.
56. Grant for preservation of the estate.
57. Administration pendente lite.
58. Special grant in respect of unadministered assets (De-bonis non).
59. Second grants.

ORDER 32
Matrimonial Applications
1. Jurisdiction.
2. Process.
3. Procedure Generally.
4. Setting down action for trial.
5. Orders.
6. Enforcement of custody, access and maintenance order.

SCHEDULES
First Schedule Forms
Second Schedule Forms

[C.I. 59]
DISTRICT COURT RULES, 20091(1)
In exercise of the powers conferred on the Rules of Court Committee by clause (2) of article 157 of the
Constitution, these Rules are made this ……………… day of ……………… 2008.2(2)

GENERAL PROVISIONS

ORDER 1
Preliminary Matters

1. Application of Rules
(1) These Rules apply to civil proceedings in the District Court.
(2) These Rules are to be interpreted and applied in a manner that helps to
(a) achieve speedy and effective justice,
(b) avoid delays and unnecessary expense,
(c) ensure that as far as possible, all matters in dispute between the parties are completely,
effectively and finally determine and
(d) avoid multiplicity of proceedings.
2. Publicity of proceedings
(1) Proceedings of the Court including the announcement of its decisions shall be in public except
otherwise
(a) ordered by the Court in the interest of public morality, safety or public order, or
(b) required by the Constitution or any other enactment
(2) The proceedings shall be recorded in writing or electronically.
(3) Where the Court orders that proceedings are not to be in public, the Court shall state the reason in
the Record Book and the proceedings shall be conducted by the magistrate in the presence of only the
parties, their lawyers, officers of the Court and any other person who in the opinion of the Court needs to
be allowed to attend.

3. Representation by persons other than a party

(1) A public officer may represent any of the following parties in proceedings
(a) the Republic;
(b) the President;
(c) the Government; or
(d) a person employed by the Government or a public authority whose costs are defrayed by the
government or that authority.
(2) Where in any proceedings the Court is satisfied that a party who is not represented by a lawyer
cannot attend the court in person, the Court may permit the party to be represented by
(a) a member of that party’s family,
(b) an employer of that party or,
(c) an employee of that party, or
(d) any other person,
if the representative satisfies the Court that the representative has the authority to represent the absent
party.

4. Acting without authority

(1) A person who without authority acts or initiates any proceedings in the Court in the name of or on
behalf of another person
(a) shall indemnify that other person in whose name the action was unlawfully commenced for
any damages suffered by that person,
(b) may be prosecuted for deceit of a public officer, or
(c) shall be made to pay costs after the action has been dismissed.
(2) The Court shall dismiss an action that is initiated without the authority of the person on whose
behalf the action is initiated.
5. Forms in the Schedule
The forms set out in the Schedules to these rules shall be used with modifications that are necessary.

ORDER 2
Commencement of Proceedings

1. Description of parties
Unless otherwise provided by an existing enactment, the party who commences civil proceedings
shall be described as the plaintiff and the opposing party shall be described as the defendant.

2. Commencement of proceedings
(1) The forms in the Schedules or other similar forms may be used in matters, causes, and proceedings
to which they are applicable, with the variations that the circumstances require.
(2) In proceedings for which forms are not provided in the Schedule or prescribed by any law, Rules
or orders of Court, the Registrar may, subject to the approval of the Court, frame the forms required,
using those which have been provided as guides.

3. Issue of a writ of summons

(1) A writ of summons is issued on being sealed by the Registrar.
(2) A writ of summons shall not be sealed unless at the time the writ is filed for sealing the person
filing the writ leaves with the Registrar a copy or as many copies as there are defendants and the writ is
signed
(a) or marked by the plaintiff if the plaintiff sues in person, or
(b) by or on behalf of the plaintiffs’ lawyer.
(3) The officer who receives the copy shall file the copy and make an entry in the Cause Book.
(4) Every writ of summons shall be dated on the day on which the writ is issued.
(5) Except as otherwise provided in these Rules, every suit shall be commenced by a writ of summons
issued by the Registrar on oral or written application and filled out and signed or marked by the plaintiff.
(6) The writ of summons shall be as set out in Form 1 of the First Schedule.
(7) A writ of summons shall contain the name and place of abode of the plaintiff and of the defendant
and to the extent that they can be ascertained, state briefly and clearly
(a) the subject-matter of the claim,
(b) the relief sought, and
(c) the date of issue, the return-day and the place of hearing.
(8) A writ of summons, and any other writ, shall bear the date of the day on which the writ is issued.
(9) A writ which is altered without permission of the Court is void.
(10) A writ shall be served within twelve months after it has been issued.
(11) Subject to subrule (11), a writ which is not served within the period specified in subrule (9)
lapses.
(12) Where a writ is not served on a defendant within the time limited for service by this rule, the
Court, on an application for extension made to the Court before the day the writ expires, may by order
extend the validity of the writ for a specified period of not more than twelve months at a time, beginning
with the day that follows the date on which the writ would otherwise expire.
(13) Whenever a writ of summons is issued on the application of a person, the Registrar shall
immediately give or cause to be given to that person, or the agent of that person a hearing notice as set out
in Form 2 or 2A of the First Schedule.

ORDER 3
Particulars of Claim

1. Particulars of claim
(1) It is sufficient for a plaintiff to state the plaintiff’s claim in the writ of summons briefly and in a
general form, but the plaintiff may deliver to the Registrar, at the time of making the application for the
writ of summons, particulars of the plaintiff’s demand in a form which gives the defendant reasonably
sufficient information on the details of the plaintiff’s claim.
(2) Where the plaintiff decides to deliver the particulars to the Registrar, the particulars shall be
accompanied with as many duplicates of the particulars as there are defendants.
(3) A writ of summons shall not be issued until the plaintiff delivers to the Registrar as many
duplicates of the particulars as there are defendants.
(4) Where the plaintiff is illiterate and unable to furnish the required particulars in writing, it is
sufficient for the plaintiff or the plaintiff’s agent to narrate the plaintiff’s case to any literate person for
the narrative to be reduced into writing.
(5) A literate person who reduces a narrative into writing under subrule (4) shall use the written
narrative to produce the particulars in the manner specified in Form 1 of the First Schedule.
(6) The particulars so produced shall be signed or marked by the plaintiff or the plaintiff’s agent,
sealed by the registrar and filed at the registry.
(7) The particulars of claim shall be attached to the writ of summons and a duplicate of the particulars
of claim shall also be attached to each copy of the summons for service.

2. Judgment not to exceed claim

(1) Judgment shall not be given for a sum which is higher than the sum claimed in the writ or
particulars of claim.
(2) Where it appears to the Court at the hearing of any action that the sum claimed in the particulars is
less than the sum claimed on the writ, the Court may in the interest of justice amend the particulars to
enable the plaintiff prove the claim as stated in the writ.

ORDER 4
Service of process

1. Time and Manner of Service

 (1) A writ or document intended for service shall be served on a party within the time and in the
manner specified by these Rules or directed by the Court.
(2) Subject to subrule 7 where service of a notice, summons, order, or other document is required, the
service may be made by a bailiff or other officer of the Court at a reasonable time on any day.
(3) In furtherance of subrule (2), a person authorised by the Court shall be deemed to be an officer of
the Court.
(4) A bailiff who serves a document shall, at the request of the party served, explain to the party the
contents of the document.
(5) Unless the Court considers it just and expedient to direct otherwise, service shall be personal with
the document to be served being delivered to the person to be served.
(6) Service of a document is completely effected if a duplicate or an attested copy of the document is
delivered without the exhibition of the original.
(7) Service may be made out of a particular jurisdiction without permission from the Court.
(8) Service shall not be made on weekends and public holidays unless otherwise directed by the
Court.

2. Service on particular persons

(1) Where a partner of a firm is sued in the name of the firm, the writ or other document intended for
service shall be sufficiently served
(a) either on any one or more of the partners, or
(b) on any person at the principal place of business of the firm within the jurisdiction, who has at
the time of the service the control or management of the business.
(2) Where provision is not made by any other enactment for the service of a document on a body
corporate, service is effected by serving the document on the chairperson, president, or other head of the
body, or on the managing director, secretary, treasurer or other similar officer of that corporate body.
(3) Service of a document on a stool or skin is effected by serving the document on
(a) the occupant of that stool or skin or on the secretary, clerk or linguist of that stool or skin, or
(b) the regent or caretaker of that stool or skin if the stool or skin is vacant.
(4) Service of a document on a family is effected by serving the document on
(a) the head of the family, or
(b) any member of the family who is, or is acting as the caretaker of any property of that family
or
(c) on any person who is a principal member of the family.
(5) Service of a document on a person who is in prison or detention is effected by serving the
document
(a) through the person who is or appears to be in charge of the prison or place of detention, or
(b) where access cannot be readily had to the person in charge, through any warder, guard or
similar officer of that prison or place of detention.
 (6) Service of a writ or any other document intended for service on
(a) a Minister of State in that Minister’s official capacity, or
(b) a Ministry or government department
is effected by serving the writ, process, or other document on the administrative head of the Ministry or
the Department.

3. Service of documents on persons with disability

(1) In a cause or matter where a document is required to be served personally on a person with
disability, the document is duly served, if served on
(a) the father, mother or guardian of the person with disability, or
(b) the person with whom the person with disability resides or under whose care the person with
disability is.
(2) Despite subrule (1) the Court may determine that a document to be served on a person with
disability is duly served if served on that person.
(3) Where the person to be served is employed by the Republic, the Court, may transmit a duplicate of
the document to be served to the head of the department in which that person is employed, and the head
shall cause the document to be served on that person.

4. Process Book
(1) There shall be in every Court, a Process Book in which details of service and non-service shall be
entered.
(2) An affidavit of service as set out in Form 3 in the First Schedule, which is duly deposed to by the
person who effects the service is on production, prima facie evidence of service.

5. Substituted service
Where it appears to the Court either after or without an attempt at personal service that for any reason
personal service cannot be conveniently effected, the Court may order that service be effected
(a) by delivery of the document to an adult resident at the usual or last known place of abode or
business of the person to be served, or
(b) by delivery of the document to a person who is an agent of the person to be served, or to
some other person, if it is proved that there is reasonable probability that the document will,
through that agent or other person, come to the knowledge of the person to be served, or
(c) in any other manner that the Court directs.

6. Proof of Service
(1) Where the bailiff or other officer of the Court charged with the service of a writ or other
document, on any person is unable to effect service because
(a) the person to be served refuses to accept service, or
(b) the bailiff or other officer of the Court is prevented by the violence or threats of that person,
or any other person in concert with him, from personally serving the writ or document,
it is sufficient to inform the person to be served of the nature of the writ or document, and to leave the
writ or document as near to that person as practicable.
(2) Where service of a writ or document is effected by a bailiff or other officer of a Court, a certificate
of service as set out in Form 4 in the First Schedule signed by that bailiff or other officer shall on
production without proof of signature be prima facie evidence of service.

ORDER 5
Venue and Transfer

1. Venue of proceedings
This rule is subject to section 104 of the Courts Act, 1993 (Act 459) which empowers the Chief Justice
to transfer a suit from one Court to another.
(1) A cause or matter that relates to immovable property or an interest in immovable property shall be
commenced in the magisterial district in which the immovable property or part of it is situated.
(2) A cause or matter that relates to movable property destrained or seized for a cause shall be
commenced in the magisterial district in which the distraint or seizure takes place.
(3) A cause or matter to recover penalty or forfeiture against a public officer shall be commenced in
the magisterial district where the cause of action arises.
(4) A cause or matter for specific performance of a contract or in respect of breach of contract, shall
be commenced in the magisterial district in which the contract ought to have been performed or in which
the defendant resides or carries on business.
(5) Any other cause or matter shall be commenced in the magisterial district in which the defendant
resides or carries on business.
(6) Where there are two or more defendants resident in different magisterial districts the cause or
matter may be commenced in any of the magisterial districts.

2. Transfer of proceedings
(1) Where a cause or matter is commenced in a magisterial district other than that in which it ought to
have been commenced under rule 1, it may continue in the magisterial district in which it is commenced
unless
(a) the defendant raises an objection to the jurisdiction before or at the time the plaintiff’s case is
commenced, or
(b) the Court reports to a Supervising Judge of the High Court that in its opinion the proceedings
ought to be transferred and the Supervising Judge of the High Court orders the transfer.
(2) Proceedings taken before an objection is raised to the jurisdiction as regards venue shall not be
affected by the objection, but if the Court is satisfied that the objection is well founded, the Court shall
inform the Supervising Judge of the High Court for the cause or matter to be transferred to the magisterial
district which has jurisdiction and the Supervising Judge of the High Court may make the order as that
Judge considers appropriate.
(3) Where two actions on the same subject matter with substantially the same parties are pending
simultaneously in two different District Courts, the Magistrate of the Court where the action was first
filed shall in writing inform the Supervising High Court Judge for the District of the pendency of the
matter in the different District Courts.
(4) The Supervising High Court Judge shall decide the forum for trial and notify the registrars of the
two district Courts with instructions for them to notify the parties concerned.
(5) The decision of the Supervising High Court Judge is final.
(6) Despite subrules (2) and (3), in an action for maintenance, child custody, paternity or other
matrimonial cause or adoption commenced in the Court contrary to subrule (1), the magistrate before
whom an objection is taken may for good reasons stated, and with regard to all the circumstances, assume
jurisdiction over the case.

ORDER 6
Time

1. Reckoning periods of time

(1) A period of time fixed by these Rules or by a judgement, order or direction of the Court for doing
an act shall be reckoned in accordance with this rule.
(2) Where an act is required to be done
(a) within a specified period after or from a specified date, the period begins to run immediately
after that date.
(b) within a specified period before a specified date, the period ends immediately before that
date,
(c) within a period not later than a specified date, the period ends immediately before the end of
the specified date, or
(d) on a specified number of clear days before or after a specified date, at least that number of
specified days shall intervene between the day on which the act is done and that date.
(3) Where, apart from this rule, the period within which or not later than which an act is required to be
done is a period of seven days or less and would include a Saturday, Sunday or a public holiday, that
Saturday, Sunday or public holiday shall be excluded.

2. Non-working days
Where the time prescribed by these Rules or by any judgement, order or direction, for doing an act at
an office of the Court expires on a day on which that office is closed, and for that reason that act cannot
be done on that day, the act shall be considered to have been done in time if done on the next day on
which that office opens.

3. Extension or reduction of time

(1) The Court may, on terms that it considers just, by order extend or reduce the period within which a
person is required or authorised by these Rules, or by a judgement, order or direction of the Court, to do
an act in any cause or matter.
(2) The Court may extend the period required for any act by these rules although the application for
extension is not made until after the expiration of the period.
(3) The period within which a person is required by these Rules, or by any order or direction, to serve,
file or amend a pleading or other document may be extended by consent given in writing, without an
order of the Court for that purpose.

4. Definition of month
Without limiting the effect of section 23 of the Interpretation Act, 1960 (C.A.4), in the application of
these Rules, the word “month”, where it occurs in any judgment, order, direction or other document that
forms a part of a cause or matter in the Court, means a calendar month unless the context otherwise
requires.

ORDER 7
Costs

1. Costs at discretion of Court

(1) The costs in a suit or matter, and of each particular proceeding in the suit or matter is at the
discretion of the Court and the Court may after hearing the parties, award costs it considers just.
(2) In the absence of any express direction by the Court, costs shall be awarded at the end of the suit
or proceeding.
(3) The Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of
the whole suit, but the Court may order the successful party despite the success in the suit, to bear the
costs of a particular proceeding in the suit.

2. Security for costs

(1) The Court may where it considers fit, either on its own motion or on the application of a
defendant, require a plaintiff in an action, whether at the commencement or at any time during the action,
to give
(a) security for costs to the satisfaction of the Court by deposit or otherwise, or
(b) further or better security.
(2) The Court may require a defendant to give security, or further or better security, for the costs of a
particular proceeding undertaken in the defendant’s interest.

3. Stay of proceedings pending payment or security for costs

Where the Court orders costs to be paid, or security to be given for costs by any party, the Court, if it
considers it fit, may order proceedings
(a) by or on behalf of that party in the same suit or proceeding, or
(b) connected with the same suit or proceedings
to be stayed until the costs are paid or security is given accordingly, but the order shall be without
prejudice to another lawful method of enforcing payment.

4. Costs out of fund in suit

The Court may order costs to be paid out of any fund or property to which a suit or matter relates.
 ORDER 8
Undefended Suits

1. Suits for undefended list

Despite order 2 rule 4 of these rules, a plaintiff who wishes to place that plaintiff’s suit on the
undefended list, shall attach to the Writ of Summons an affidavit in support of the claim and all the
documents which the plaintiff intends to rely on in support of the claim.
(2) The affidavit shall
(a) be as set out in Form 5 of the First Schedule or as appropriate;
(b) set out the grounds on which the claim is based, and
(c) state that the deponent believes there is no defence to the claim.
(3) The Court shall if satisfied that there are good grounds for the relief and that there is no defence to
the claim
(i) enter the suit for hearing in a list called the “Undefended List”,
(ii) mark the writ of summons as entered on the Undefended List, and
(iii) enter on the writ of summons a date for hearing suitable to the circumstances of the
particular case.

2. Copies of affidavit to be furnished by plaintiff

The plaintiff shall deliver to the Registrar on the issue of the writ of summons under rule 1 as many
copies of the affidavit and the supporting documents as there are parties against whom relief is sought,
and the Registrar shall annex one copy of the affidavit and the supporting documents to each copy of the
writ of summons for service.

3. Notice of intention to defend and affidavit of grounds of defence

(1) A party served with a writ of summons and affidavit together with the supporting documents who
wishes to defend the action shall not less than five days before the date fixed for the hearing, file an
affidavit together with documents which support that party’s defence, setting out the grounds of defence .
(2) The affidavit shall state whether the defence alleged goes to the whole or part only of the
plaintiff’s claim and if it is to a part of the claim, which part.
(3) If the Court is satisfied at the hearing by the affidavit and the supporting documentsor by the
defendant’s oral evidence on oath that the defendant has
(a) a good defence to the action on the merits, or
(b) disclosed sufficient facts to merit a defence of the suit,
the Court shall permit the defence of the suit on terms that it considers just.
(4) Where the defendant is permitted to defend the action, the Court shall enter the suit in the general
list for hearing.

4. Judgment for claim or part thereof

 (1) Where it appears that the defence put up by the defendant applies only to a part of the plaintiff’s
claim, or that a part of the claim is admitted, the Court shall give judgment for the part of the claim that
the defence does not apply to or which is admitted.
(2) Where it appears that the defence put up by the defendant does not amount in law to a defence to
the plaintiff’s claim the Court shall give judgment for the plaintiff without proceeding to a hearing or
trial.
(3) Judgment under subrule (1) may be subject to terms that the Court considers appropriate including
(a) suspension of execution,
(b) payment of the amount levied or any part of that amount into Court by the Sheriff, or
(c) the taxation of costs
and the defendant shall be allowed to defend the residue of the plaintiff’s claim.

5. Where one defendant has a good defence but the other does not
Where it appears to the Court that
(a) a defendant has a good defence to or ought to be permitted to defend the action, and
(b) another defendant does not have a defence and does not have to be permitted to defend the
action,
the Court may permit the defendant with a good defence to defend and the plaintiff is entitled to enter
(c) final judgment against the defendant who does not have a good defence, and
(d) into execution on the judgment
without prejudice to the plaintiff’s right to proceed with the action against the defendant who has a good
defence.

6. Special leave to defend where rule 3 not complied with

Where a defendant fails to deliver the affidavit under rule 3 but subsequently files an affidavit which
(a) discloses a defence on the merits, and
(b) satisfactorily explains why the affidavit was not delivered,
the Court may at any time before judgment is entered permit the defendant to defend the action on terms
that the Court considers just.

7. Disposal of undefended suits

Where a defendant fails to deliver the affidavit under rule 3, and the defendant is not permitted to
defend in accordance with the provisions of rule 6, the Court shall deal with the suit as an undefended
suit, and give judgment without calling on the plaintiff to summon witnesses to prove the plaintiff’s case
formally.

8. Saving of Court’s powers

This Order does not preclude the Court from hearing or requiring oral evidence, if the Court thinks it
fit to do so at any stage of the proceedings.
 ORDER 9
Parties

1. Suit on behalf of others

(1) If a plaintiff sues, or a defendant is sued in a representative capacity, this fact shall be stated on the
writ.
(2) The Court may order any of the persons represented to be made a party either instead of or in
addition to the previously existing parties.

2. Joint ground for suit

Where a number of persons have a joint ground for instituting a suit, all those persons shall be made
parties to the suit unless another enactment provides or the Court determines otherwise.

3. Where joint interest, parties may sue or defend for others

Where a number of persons have the same interest in one suit, one or more of those persons may be
authorised to sue or to defend the suit for the benefit of or on behalf of all the parties interested.

4. Joint and several demand

(1) Where a person has a joint and several demand against a number of persons either as principals or
sureties, that person may proceed against any one or more of that number of persons severally, or jointly
or jointly and severally.
(2) Where a defendant claims contribution, indemnity, or other remedy or relief against another
person, the defendant may apply for that person to be made a party to the suit.

5. Non-joinder
(1) Where it appears to the Court before or at the hearing of a suit that all the persons who
(a) are entitled to some share or interest in the subject matter,
(b) claim some share or interest in the subject-matter of the suit, or
(c) are likely to be affected by the result,
have not been made parties, the Court may adjourn the hearing of the suit to a future date to be fixed by
the Court, and direct that those persons be made either plaintiffs or defendants in the suit, as the case may
be.
(2) Where the Court adjourns the hearing of a suit under subrule (1), the Court shall issue a notice to
the persons who are to be joined and the notice shall be served in
(a) the manner provided by the rules for the service of a writ of summons, or
(b) in any other manner that the Court may direct,
and on proof of due service of the notice the person served shall be bound by all proceedings in the cause.
(3) Where before or at the hearing of a suit, a person who is not a party to the suit realises that the suit
affects or is likely to affect that person’s interest, that person may apply to the Court to be joined either as
a plaintiff or a defendant as appropriate.

6. Misjoinder of parties
The Court may at any stage of the proceedings, and on terms that appear to the Court to be just, order
that the name of a party who has been improperly joined whether as a plaintiff or as a defendant be struck
off.

7. Distinct causes of action in one writ

Where a writ states two or more distinct causes of action by and against the same parties, and in the
same rights, the Court may, either before or at the hearing, order the trials to be held separately and make
an order for adjournment and costs as justice requires, if it appears inexpedient to try the different causes
together.

8. Action open to defendant

A defendant who alleges that the plaintiff has joined two or more distinct causes of action which
cannot be conveniently disposed of together in the same action may at any time apply to the Court for an
order which confines the action to the causes of action that can be conveniently disposed of together.

9. Power of Court to exclude

Where on the hearing of the application in rule 8 it appears to the Court that the causes of action in the
suit cannot all be conveniently disposed of together, the Court may order any of the causes of action in
the suit to be excluded, and consequential amendment to be made.

10. Misjoinder of suits

Where a writ states two or more distinct causes of action,
(a) but not by and against the same parties, or
(b) by and against the same parties but not in the same rights,
the writ may be amended or struck out, on the application of a defendant, but the party who instituted the
suit may apply to the Court to have the case if struck out, to be restored.

11. Consolidation of causes

(1) Causes of action on the same subject matter but involving different parties pending in the same
Court may by order of the Court be consolidated, and the Court that makes the order shall give any
directions that are necessary for the conduct of the consolidated actions.
(2) Causes of action on the same subject matter but involving different parties pending in various
Courts may on application of any of the parties to any of the Courts, be referred to the Supervising High
Court Judge of the magisterial district for an order of consolidation of the various causes of action and for
directions as to the conduct of the consolidated actions.

12. Court to appoint guardians to infant or mentally challenged defendants

Where a defendant defaults in answering or defending a suit after service of the writ, and it appears to
the Court that the defendant is an infant or a mentally challenged person, the Court,
 (a) on the application of the plaintiff, or
(b) of its own motion,
if it considers it appropriate, may by an order appoint a fit person to be guardian of the defendant for the
purposes of the suit, and to defend the suit.

13. Notice and service of notice of appointment of guardian

Before the Court makes the order under rule 12 it shall cause a notice that it considers reasonable to be
served on the person with whom, or under whose care the defendant is but in the case of an infant who
(a) does not reside with the guardian, or
(b) is not under the care of the guardian,
the Court, unless there is good reason to do otherwise, shall cause the notice to be served on the guardian.

14. Suits by infants and mentally challenged persons

An infant or a mentally challenged person may sue as plaintiff by that infant’s or mentally challenged
person’s guardian ad litem or next friend, subject to terms that relate to the liabilities for costs of the
guardian or next friend as the Court considers just.

15. Change of parties by reason of death or bankruptcy

(1) Where a cause of action survives after the death or bankruptcy of a party to the action, the action
shall not abate by reason only of the death or bankruptcy.
(2) Where at any stage of the proceedings the interest or liability of a party is assigned or transmitted
to or devolves on another person, the Court may, for the effective and complete determination of the
matters in dispute, order that other person to be substituted for the party whose interest has been assigned
or transmitted or has devolved.
(3) An application for an order under this rule may be made ex parte.
(4) A person who is served with an order made ex parte under this rule, may within fourteen days
after the service apply to the court to discharge or vary the order.
(5) Where an order is made under this rule for a person to be made a party and that person is already a
party on the other side of the record, the order shall be treated as containing a direction that the person
shall cease to be a party on that other side.
(6) When an order is made under this rule for a person to be made a party and that person is already
on the same side but in a different capacity, the order may contain a direction that requires that person to
cease to be a party in that previous capacity.
(7) An order under this rule shall be noted in the Cause Book by the Registrar and after it is noted, the
Registrar shall serve the order
(a) on every other party to the proceedings or on any person who becomes or ceases to be a
party by virtue of the order; and
(b) with a copy of the writ on any person who becomes a defendant.
(8) A person ordered under this rule to become a party shall not become a party until the order is
served on that person and where that person becomes a party, all things done in the course of the
proceedings before that person becomes a party shall continue to be valid.
(9) A person ordered to become a party shall be served with all previous processes at the cost of the
person who obtains the order.

16. Failure to proceed after death

(1) Where the cause of action survives, after the death of a plaintiff and an order for substitution is not
made under rule 15 (2), the defendant may apply to the Court for an order which requires the action to be
proceeded with within the time specified in the order or otherwise be struck out.
(2) The Court shall not make an order under subrule (1) unless it is satisfied that due notice of the
application has been given to the personal representative, the customary successor or head of family of
the deceased plaintiff and to any other interested person who, in the opinion of the Court, should be
notified.
(3) The costs of the application under subrule (1) shall be borne by the estate of the deceased plaintiff.

ORDER 10
Plaintiff out of Jurisdiction

Plaintiff to assign place for service

Where a plaintiff, on whose behalf or by whom a suit is instituted or carried on, either alone or jointly
with another person, is out of the jurisdiction, or is only temporarily in the jurisdiction, the plaintiff shall
assign a fit place within the jurisdiction where notices or other papers issuing from the Court may be
served on the plaintiff.

ORDER 11
Attendance of Parties

1. Court may permit party to appear by proxy

Where in a cause or matter pending before the Court, the Court is satisfied that the plaintiff or
defendant is prevented by a good or reasonable cause from attending the Court in person, the Court may
permit another person who satisfies the Court of having the authority of the plaintiff or defendant to
appear for the plaintiff or defendant.

2. Act may be done by agent

Where by the Rules of Court any act may be done by any party in a suit, that act may be done either
by the party in person, or by that party’s solicitor or agent.

ORDER 12

Arrest of Absconding Defendant

1. Defendant leaving jurisdiction; application for security

(1) Where a plaintiff institutes an action in which the value of the claim is more than four thousand
five hundred Ghana Cedis, the plaintiff, at any time before final judgment, may make an application ex
parte supported by an affidavit as set out in Form 6 of the First Schedule to the Court, for an order that
requires the defendant to give security to satisfy any judgment or order that may be given against the
defendant in the action, if
(a) the defendant has disposed of or removed all or a substantial part of the property of the
defendant from the country or is about to do so;
(b) the defendant is about to leave the country; or
(c) the action is a matrimonial cause.
(2) Where the Court is satisfied that
(a) the provisions in subrule (1) have been fulfilled, and
(b) the execution of the judgment in the action against the defendant is likely to be obstructed or
delayed as a result,
it may issue a warrant as in Form 7 of the First Schedule, to bring the defendant before the Court to show
why the defendant should not give good and sufficient security to satisfy any judgment or order that may
be given against the defendant.
(3) The deposition in the supporting affidavit of a plaintiff who makes an application under subrule
(1) is not sufficient proof of the claim in the application.
(4) The Magistrate to whom the application is made shall investigate the claim in the application and
shall only make the order after sufficient proof of the claim.

2. Security for satisfaction of judgment

(1) Where
(a) the claim made in rule 1 is proved to the satisfaction of the Magistrate, and
(b) the defendant fails to show cause why security should not be given,
the Court shall order the defendant to give bail for the satisfaction of any judgment that may be given
against the defendant in the action.
(2) For the purpose of subrule (1) the surety shall undertake to pay any money that is adjudged to be
paid by the defendant in the action, if the defendant defaults in the payment and Form 8 or 8 (A) as set out
in the First Schedule may be used.

3. Deposit in lieu of security

A deposit of money or other valuable property by the defendant which is sufficient to satisfy (he claim
and costs of the action may be accepted by the Court instead of security.

4. Committal in default of security or deposit

(1) Where the defendant fails to provide sufficient security, the defendant may be committed to
custody for a maximum period of twenty one days within which the Court shall dispose of the matter.

5. Cost of keeping the arrested person

(1) The expenses incurred for keeping the defendant in custody shall be the sum determined by the
Court, and shall be paid by the plaintiff in advance to the prison authority.
 (2) Any amount spent under subrule (1) may be recovered by the plaintiff in the action unless the
court otherwise orders.
(3) The Court may order
(a) the release of the defendant from custody if the plaintiff ails to pay the subsistence expenses,
or
(b) in the case of serious illness, the removal of the defendant to a hospital.
(4) The warrant for discharge shall be as set out in Form 9 of the First Schedule.

ORDER 13
Interlocutory Injunction, Interim Preservation of Property

1. Application for injunction

(1) The Court may, by an interlocutory order grant an injunction either unconditionally or upon terms
and conditions that the Court considers just.
(2) A party to a cause or matter may apply for the grant of an injunction before, at or after the trial of
the cause or matter, whether or not a claim for injunction is included in the party’s writ, counterclaim or
other claim.
(3) The applicant for an injunction shall attach to the motion paper a supporting affidavit which sets
out fully the facts in support of the application.
(4) A respondent who desires to oppose the application shall within seven days of being served with
the application file an affidavit in opposition containing all the facts the respondent seeks to rely on.
(5) In case of urgency a party may make the application ex parte, supported by an affidavit.
(6) An application made ex parte under subrule (5) may be granted if the applicant gives sufficient
reason for making the application ex parte and specifies some irreparable damage or mischief which will
be caused to the applicant if the applicant proceeds by giving notice to the respondent.
(7) An order made as a result of an application made ex parte under subrule (5), shall not remain in
force for more than ten days.
(8) If an application on notice is not made to extend the order, the order shall lapse ten days after it
has been made.
(9) The Court may, on application by a party affected by an order made under subrule (1) or (6), set
aside the order on terms that the Court considers fit.
(10) A party shall not make an application under this rule before the issue of the writ or the filing of a
counterclaim or other claim under these Rules.

2. Detention, preservation of property

(1) The Court on the application of party to a cause or matter may
(a) make an order for the detention, custody or preservation of property which is the
subject-matter of a cause or matter or in respect of which a question may arise in the action,
or
(b) order the inspection of any property in the possession of a party.
 (2) In furtherance of subrule (1) the Court may by the order authorise a person to enter land or
building in the possession of a party to the cause or matter.
(3) Where the right of a party to a specific fund is disputed, the Court on the application of a party to
the cause or matter may order the fund to be paid into Court or otherwise secured.
(4) An order under this rule may be made on terms that the Court considers just.

3. Power to order samples to be taken

(1) Where the Court considers it necessary or expedient for the purpose of obtaining full information
or evidence in any cause or matter, the Court, by an order made on terms that it considers just, may
authorise or require
(a) a sample to be taken of the property which is the subject-matter of the cause or matter or on
which a question may arise; or
(b) an observation to be made or an experiment to be conducted on the property.
(2) In furtherance of subrule (1), the Court may by the order authorise a person to enter any land or
building in the possession of a party to the cause or matter.

4. Sale of perishable property

The Court on the application of a party to a cause or matter may make an order for the sale of any
perishable property
(a) which is the subject of the cause or matter, or
(b) on which a question may arise in the cause or matter, and which for any other good reason it
is desirable to sell immediately.

5. Order for early trial

(1) Where an application for
(a) an injunction,
(b) the appointment of a receiver, or
(c) an order under rules 2, 3, or 4
is made before the trial of the cause or matter and the Court thinks that the matter in dispute can be better
dealt with by an early trial rather than by considering the whole merits of the application, the Court may
make an order for an early trial and may also make an order with respect to the period before trial as the
justice of the case requires.
(2) Where the Court grants an application for injunction or the appointment of a receiver or an order
under rule 1, 2, 3, or 4, the order for injunction, the appointment of a receiver or the order under those
rules shall lapse at the end of six months from the date it is made unless the contrary is stated in the order.
(3) An order that lapses under subrule (2) shall not be renewed unless the applicant provides
substantial security to indemnify the party against whom the order is made.
(4) The order for substantial security shall be made despite anything contained in rule 6.

6. Undertaking as to damages
 (1) Where an application made under rule 1 or 2 is opposed, the Court shall before making an order
require the applicant to give an undertaking to cover any loss or damage that the other party may suffer if
it turns out in the end that the applicant is not entitled to the order .
(2) Where an applicant gives an undertaking under subrule (1) the Court shall,
(a) at the end of the proceedings in which the undertaking is given, assess the damage, if any,
which the person who opposes the application has suffered and which the applicant is liable
to pay for, and
(b) give judgment as the circumstances require.

ORDER 14

Interpleader

1. Entitlement to relief by way of interpleader

A person may apply to the Court for relief by way of interpleader if
(a) that person, referred to as the applicant, is under liability for a debt, money or goods for
which the applicant is or expects to be sued by two or more parties, referred to as the
claimants, who claim adverse titles to the debt, money or goods, or
(b) that person is a Registrar or other officer of the Court charged with the execution of process
by or under the authority of the Court, and a claim is made to
(i) property taken or intended to be taken in execution under a process, or
(ii) the proceeds or value of the property by a claimant other than the person against
whom the process is issued.

2. Mode of application
(1) An application for relief under this Order shall be made by motion on notice to the claimants.
(2) On the hearing of the application, the Court may order the claimants to appear and state the nature
and particulars of their claims and either maintain or relinquish them.

3. Application by defendant
Where the applicant is a defendant the application for relief may be made at any time after the service
of the writ of summons or other process originating the action and the Court shall stay further proceedings
until the application has been dealt with.

4. Matters to be proved by applicant

The applicant shall satisfy the Court by affidavit or otherwise that the applicant
(a) claims no interest in the subject matter in dispute, other than for charges or costs,
(b) is not in collusion with any of the claimants, and
(a) is willing to pay or transfer the subject matter into Court or to dispose of it as the Court
directs.
5. Date for claimants to appear in court
An order under rule 2 (2) shall
(a) specify the date on which the claimants shall appear in Court, and
(b) be served on the claimants

6. Filing of particulars of claimants claim

(1) Not later than seven days after the Court makes an order under rule 2 (2) or after service of the
order on the claimants, if the Court so directs, a claimant who intends to maintain a claim shall file in the
registry particulars of the claim, and notice of the particulars of the claim shall be given to every other
claimant and to the applicant.
(2) A claimant who fails to file the particulars of the claim may not be heard by the Court and shall be
considered to have abandoned the claim unless the Court directs otherwise and grants the claimant
extension of time within which to file the particulars.

7. Order upon appearance of claimants

If more than one claimant appears as a result of an order made under rule 2 (2), the Court may either
order
(a) one of the claimants to be made a defendant in an action already commenced in respect of
the subject matter in dispute, instead of or in addition to the defendant, or
(b) that an issue between the claimants be stated and tried and in this case may direct which of
the claimants is to be plaintiff and which defendant.

8. Disposal in summary manner

The Court may summarily determine the questions in issue between the claimants and make an order
on terms that it considers just where
(a) the claimants consent or one of them so requests, or
(b) the question in issue between the parties is a question of law and the facts are not in dispute.

9. Power to order sale of goods taken in execution

Where an application for relief under this Order is made by a Registrar who has taken possession of
goods or chattels for the purpose of sale in execution of any process, and a person claims to be entitled to
the goods or chattels or any part of the goods or chattels under a bill of sale or otherwise, the Court may
direct that the proceeds of sale be applied in a manner and on terms that the Court considers just.

10. Failure to appear or default of claimant

(1) The Court may make an order to declare a claimant and any person who claims under the claimant
forever barred against the applicant and persons claiming under the applicant if the claimant is ordered by
the Court to appear and maintain or relinquish the claim and the claimant
(a) does not appears in accordance with the order, or
(b) appears but neglects or refuses to comply with an order made after the appearance.
11. Other powers
(1) Subject to this order, the Court may in interpleader proceedings, give judgment or make an order
that it considers necessary to dispose finally of all questions that arise from the proceedings and may
make an order in respect of costs or any other matter that it considers just.
(2) An order under subrule (1) does not affect the rights of the claimants between themselves.

ORDER 15
Equitable Relief, Counterclaim, Set-Off

1. Relief not specifically asked may be granted

A plaintiff may obtain any equitable relief which the facts stated and proved in the suit entitles that
plaintiff even if that relief has not been specifically asked for.

2. Counterclaim, set-off
(1) A defendant in an action may set-off, or set up by way of counterclaim against claims of the
plaintiff, any right or claim the defendant has in relation to the plaintiff.
(2) A set-off or counterclaim under subrule (1) has the same effect as a statement of claim in a cross
action and the Court may pronounce final judgment in the same action, both on the original and on the
cross claim.
(3) Where a set-off or counterclaim cannot be conveniently disposed of in the same action the Court
shall make an order for a separate trial for the set-off or counterclaim.

3. Notice of counterclaim or set-off

(1) A defendant may set-up a counterclaim or set-off only if that defendant has
(a) lodged with the Registrar a notice in the original, and as many duplicates of the notice as
there are plaintiffs, containing the name and address of the defendant and a concise statement
of the grounds of the counterclaim or set-off, and
(b) paid the Court and service fees payable if the claim were by writ of summons
but the Court may on terms that it considers just, allow the defendant to set up a counterclaim or set-off
even if the notice has not been duly lodged.
(2) On receipt of the notice of counterclaim or set-off, and on due payment of the fees, the Registrar
shall cause a duplicate of the notice to be served on the plaintiff.
(3) The provisions of Order 3 as to particulars of claim apply, as far as they are appropriate to
counterclaim and set-off.

4. Defendant may have judgment for balance due on counterclaim

In an action where a set-off or counterclaim is established, as a defence against the plaintiff’s claim,
the Court may
(a) if the balance is in favour of the defendant, give judgment for the defendant for the balance,
or
 (b) otherwise award to the defendant the relief that the defendant is entitled to on the merits of
the case.

5. Payment into Court where partial set-off

The Court, if it sees fit, may order a defence of partial set-off to be accompanied by payment into
Court of the amount, which on the defendant’s showing, the plaintiff is entitled to, unless the plaintiff’s
claim to that amount is resisted on some other ground of defence.

ORDER 16
Dismissal of Suit on Grounds of Law

1. Legal defence by motion

The defendant may apply to the Court by motion to dismiss the suit without requiring the defendant to
answer questions of fact, where the defendant has a good legal or equitable defence to the suit, so that
even if the allegations of the plaintiff were admitted or established, the plaintiff would not be entitled to
any decree against the defendant.

2. Facts taken as admitted

For the purposes of the application under rule 1 the defendant shall be taken as having admitted the
truth of the plaintiff’s allegations of fact, and evidence in respect of matters of fact, and discussion of a
question of fact, shall not be allowed.

3. Order on the motion

The Court, on hearing the application referred to in rule 2, shall
(a) either dismiss the suit or order the defendant to answer the plaintiff’s allegations of fact, and
(b) make an order as to costs as it considers just.

ORDER 17
Payment into Court

1. Payment into Court upon notice

(1) In a suit for debt or damages, the defendant on notice in writing to the plaintiff may pay into Court
at any time after service of the writ of summons, a sum of money
(a) in satisfaction of the claim, or
(b) where several causes of action are joined in the same action, in satisfaction of one or more of
the causes of action.
(2) Where money is paid into Court in satisfaction of one or more of several causes of action the
notice shall specify the cause or causes of action in respect of which the payment is made and the sum
paid in respect of each cause of action unless the Court orders otherwise.
(3) The notice shall be as set-out in Form 10 or 10 (A) of the First Schedule and shall
(a) state whether liablility is admitted or denied, and
 (b) be acknowledged in writing by the plaintiff within three days of receipt.
(4) Where in a suit for debt or damages, the defendant tenders to any or all of the plaintiffs in the suit,
personally, the sum of money claimed in debt or damages and the plaintiff or plaintiffs refuse to accept
the sum of money tendered, the defendant may put up the defence of tender before trial, by paying the
sum of money tendered into Court.

2. No intimation to Court of payment

Except in an action to which a defence of tender before trial is pleaded, a statement of the fact that
money has been paid into Court under the last preceding rule shall not be inserted in the pleading and
communication of that fact shall not be made to the Court at the trial of a suit until questions of liability
and amount of debt or damages have been decided.

3. Acceptance of sum paid

Where the defendant pays money into Court, the plaintiff may
(a) accept the money paid in full satisfaction and discharge of the cause of action in respect of
which it is paid, and
(b) apply by motion for payment of the money out of the Court to the plaintiff.

4. Stay of proceedings after payment

On hearing the motion referred to in rule 3 (b), the Court shall make an order for
a) stay, in whole or in part, of further proceedings in the suit, and
(b) costs and other matters that the Court considers just
and the plaintiff in an action for libel or slander may make a statement in open Court in terms approved
by the Court.

5. Non-acceptance of payment
The failure of a plaintiff to accept the payment of money under rule 4 shall be construed by the Court
to be a claim for indebtedness which is greater than the sum paid into Court and in that case the Court in
determining the suit and disposing of costs shall have regard to the fact of the payment into Court and the
non-acceptance of the payment.

6. Order for payment into court to be obtained from Magistrate

Where in proceedings before the Court for the administration of the estate of a deceased person, or of a
trust estate, a person desires to pay money into Court or deposit anything in Court, that person may do so
provided the notice of payment into Court or deposit is provided to all persons affected by the
proceedings.

ORDER 18
Written Statements

1. Circumstances which require written statements

 (1) An action shall ordinarily be heard and determined in a summary manner without written
statements, but where it appears to the Court (for reasons recorded in the minutes) that the nature and
circumstances of a case make it expedient in the interest of justice to have written statements, the Court
may order
(a) the plaintiff to file a written statement of claim, and
(b) the defendant to file a written answer or statement of defence.
(2) The order to file a written statement may be made at any stage of an action, either before or during
the hearing.
(3) Despite subrule 1, written statements shall be filed in cases of
(a) probate and administration,
(b) matrimonial causes,
(c) defamation,
(d) adoption, and
(e) negligence.

2. Illiterate parties
(1) In making the order under rule 1, the Court shall
(a) have regard to the background of the parties, and
(b) not require a party who is incapable of preparing or understanding a written statement, to file
a written statement.
(2) Despite subrule (1) where the Court considers it necessary in the interest of justice that the
statement of a party should be reduced into writing before the hearing, the Court may direct that the
statement
(a) be taken down in writing by the Registrar, other officer of the Court or any other literate
person, and
(b) after it has been read and interpreted to the party by the person who took it and the party
appears satisfied with it, and the Court has verified this by oral examination of the party, be
filed as a written statement.

3. The Written Statement to state all material facts

A written statement shall contain all the material facts which the party presenting the written statement
relies on, but not the evidence by which those facts are to be proved, and the statement shall be divided
into paragraphs numbered consecutively with each paragraph containing, as nearly as may be, a separate
allegation.

4. How facts are to be stated

Facts in a written statement shall be alleged directly, precisely, distinctly, and as briefly as is
consistent with clarity.

5. Further and better particulars by letter

 Before making an application to the Court for an order for further and better particulars, a party may
apply for the further and better particulars by a letter.

6. The relief claimed to be stated

A statement of claim shall state specifically the relief claimed by the plaintiff either simply or in the
alternative, and may also ask for general relief and the same applies to a counterclaim made or a relief
claimed by the defendant in the statement of defence.

7. Grounds of claim founded on separate facts to be separately stated

Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon
separate and distinct facts those facts shall be stated, as far as possible, separately and distinctly and this
rule applies where the defendant relies on several distinct grounds of set-off or counterclaim founded on
separate and distinct facts.

8. Defendant’s written statement to answer allegations in statement of claim

(1) A defendant shall in the written statement of defence deny all the material allegations in the
statement of the plaintiff that the defendant intends to deny at the hearing.
(2) Every allegation of fact in a written statement of claim which is not
(a) specifically denied,
(b) denied by necessary implication, or
(c) stated to be not admitted
in the statement of defence shall, at the hearing, be taken as admitted.

10. Allegations shall not be denied generally, but specifically

It is not sufficient to deny generally the facts alleged by the statement of claim, the defendant shall in
the statement of defence deal specifically with every alleged fact either by
(a) admitting or denying one after the other, the truth of each allegation of fact that is within the
knowledge of the defendant, or
(b) stating that the defendant does not know whether the allegation is true or otherwise.

11. Denial of fact must answer point of substance

(1) Where a party denies an allegation of fact, that party shall not do so evasively but answer to the
point of substance.
(2) Where a matter of fact is alleged with diverse circumstances, it is not sufficient to deny it as
alleged along with those circumstances, but a fair and substantial answer as regards the circumstances
shall also be given.

12. Admissions: their effect

The defendant shall allege any fact which the defendant relies on in defence but which is not stated in
the statement of claim and which for instance
 (a) establishes fraud on the part of the plaintiff, or
(b) shows that the plaintiff’s right to
(i) recover any sum or property, or
(ii) any relief capable of being granted on the statement of claim,
has not yet accrued, has been released, is barred, or otherwise gone.

13. Set-off or counterclaim to be pleaded

Where a defendant seeks to rely on any fact, which supports a right of set-off or counterclaim, the
defendant shall in the statement of defence, state specifically that the defendant does so by way of set-off
or counterclaim, and give the particulars of the set-off or counterclaim.

14. Evidence in denial of allegation or in support of defence not set up in pleading

(1) The filing of a statement of defence by a defendant does not prevent the defendant from
(a) disproving at the hearing any allegation of the plaintiff not admitted by the statement of
defence, or
(b) giving evidence in support of a defence not expressly set up by the statement of the defence.
(2) Despite subrule (1), if the Court is of the opinion that the defence
(a) ought to have been expressly set up by the statement of defence,
(b) is inconsistent with the statement of defence, or
(c) is likely to take the plaintiff by surprise and to raise new issues,
the Court may prevent the defendant from presenting that defence at the hearing or make an order that the
justice of the case may require.

15. Costs in certain cases

Where the Court is of the opinion that any allegations of fact, denied or not admitted in a pleading,
ought to have been admitted, the Court may make an order as to costs that considers just.

16. Filing and service of written statements

A written statement from the plaintiff or defendant shall, if the Court thinks fit, be
(a) filed at the time directed by the Court, and
(b) served on the opposite party at the time and in the manner directed by the Court.

ORDER 19
Amendment

1. Circumstances
(1) The Court in order to determine the real question in controversy between the parties in a suit may
at any stage of the proceedings, either of its own motion or on the application of either party, order
 (a) a pleading to be amended, whether or not the defect or error that is the cause of the
amendment is that of the party applying to amend, and
(b) any amendment that is necessary or proper for the purpose of eliminating a statement which
may tend to prejudice, embarrass, or delay the fair trial of the action.
(2) The order for amendment shall be made on terms as to costs or otherwise as the Court considers
just.
(3) A difference between the contents of the particulars of claim or defence and the allegation proved
at the hearing, may be amended at the hearing either at once or on terms as to notice, adjournment, or
costs as justice in the case requires.

ORDER 20
Receivers and Managers

1. Appointment of receiver or manager

(1) For the purpose of this Order a receiver shall only receive rent, income or other benefits from the
property, which is the subject matter of the suit and shall not manage that property unless the Court
further appoints the receiver to be a manager.
(2) The Court may appoint a receiver by an interlocutory order in a case in which it appears to the
Court to be just or convenient to do so and the order may be made either unconditionally or on terms and
conditions that the Court thinks just.
(3) A party to a cause or matter may apply to the Court for the appointment of a receiver or manager
whether or not a claim for appointment of a receiver or manager was included in the particulars of claim
or in the writ or counterclaim.
(4) Payment of income or receipts in respect of receivership shall be made into a deposit account
which shall be opened specifically for the receivership.

2. Ancillary injunction
An application for an order for the appointment of a receiver or manager may be combined with an
application for an injunction to restrain any dealings with the property which is the subject matter of the
suit, until the case is disposed of.

3. Security by receiver or manager

(1) A person appointed as a receiver or manager shall provide security for the due performance of the
duties of that office.
(2) The security may be a bank guarantee or a deposit of title deed to an immovable property which is
worth not less than the value of the property in dispute, unless the Court directs otherwise.

4. Allowance of receiver or manager

(1) A person appointed receiver shall be paid a reasonable monthly remuneration fixed by the Court,
but which in any event does not exceed the salary of the Registrar of the Court.
(2) A person appointed a manager shall be paid a reasonable monthly remuneration fixed by the
Court, but which in any event does
not exceed the monthly salary of the manager of a comparable organisation.
(3) Where the person appointed a receiver or a manager is the Registrar or some other court official
the remuneration payable to the receiver or manager shall be paid into the Consolidated Fund.

5. Receiver’s accounts
(1) A receiver shall submit accounts to the Court at the intervals or on the dates directed by the Court,
for the accounts to be audited.
(2) The receiver and the beneficiaries of the property for which the receiver has been appointed may
meet before the Registrar at pre-arranged times for the receiver to explain the accounts to those
beneficiaries.

6. Payment of receipts
(1) A receiver or a manager shall keep proper books of account in accordance with the nature of the
business and the facilities available and pay net receipts to the Registrar who shall deal with the receipts
according to the orders of the Court.
(2) A person appointed as a manager for a business, enterprise or undertaking which is a going
concern shall as far as is possible open and run a banking account solely for the business, enterprise or
undertaking.
(3) Where a bank account is opened, outgoings and other payments shall be made by cheques drawn
on that account unless there are special circumstances for not doing so.
(4) Receipts and other payments to the business shall be paid into the account on the same day or
latest by the morning following the date of receipt.
(5) Where there is no bank within reasonable access of the business, the Court shall give directions as
to the safe custody of receipts and other payments to the business after hearing the parties and the
Registrar of the Court.
(6) Where there is a bank account, the manager and one other person appointed by the Court shall be
joint signatories to the account.
(7) A receiver or a manager who defaults in any material respect in the performance of the duties of a
receiver or manager may be called to show cause for the failure, and the Court may give directions that it
considers proper, including an order that the remuneration of the receiver
or manager be withheld and the security provided under rule 3 may be called on to pay a debt or deficit
which appears from the accounts.
(8) There shall be proper stock taking of the business
(a) before a manager takes over the management of a business, and
(b) before the manager is discharged.

ORDER 21
Execution

1. Mode of execution
The mode of execution is determined by the nature of the judgment and the property of the judgment
debtor available to satisfy the judgment.

2. Meaning of writ in this order

In this order a reference to a writ includes a reference to a further writ or an order in aid of the writ.

3. Enforcement of judgment for payment of money or order in aid of a writ

(1) Subject to these Rules, a judgment or order for the payment of money which is not a judgment or
order for the payment of money into court, may be enforced by one or more of the following:
(a) writ of fieri facias as set out in Form 11 in the First Schedule;
(b) garnishee proceedings;
(c) a charging order;
(d) the appointment of a receiver;
(e) in a case in which rule 6 applies, an order of committal from the High Court; and
(f) subject to the conditions stated in Order 24, summons to show cause.
(2) Subject to these Rules, a judgment or order for the payment of money into Court may be enforced
by either or both of the following
(a) the appointment of a receiver;
(b) in a case in which rule 6 applies, an order of committal from the High Court.

4. Enforcement of judgment for possession of immovable property

(1) Subject to these Rules, a judgment or order for the recovery of possession of immovable property
may be enforced by either or both of the following:
(a) a writ of possession;
(b) in a case in which rule 6 applies, an order of committal from the High Court.
(2) A writ of possession shall be used to enforce a judgment or order for the recovery of possession of
immovable property and shall be as set out in Form 12 in the First Schedule.
(3) A writ of possession shall not be issued without leave of the Court.
(4) The leave shall be granted if it is shown that each person in actual possession of the whole or any
part of the immovable property has received, in the opinion of the Court, sufficient notice of the
proceedings in which the judgment is obtained to enable that person to apply to the Court for the relief to
which that person is entitled.
(5) A writ of possession may include provision for enforcing the payment of money adjudged or
ordered to be paid by the judgment or order which is to be enforced by the writ.

5. Enforcement of judgment for delivery of goods

(1) Subject to these Rules, a judgment or order for the delivery of goods which does not give a person
against whom the judgment is given or the order is made, the alternative of paying the assessed value of
the goods, may be enforced by a writ of delivery to recover the goods or their assessed value, referred to
in this rule as a writ of specific delivery.
 (2) Subject to these Rules, a judgment or order for the delivery of goods or payment of their assessed
value may be enforced by either or both of the following:
(a) a writ of delivery to recover the goods or their assessed value;
(b) a writ of specific delivery with leave of the Court.
(3) A writ of specific delivery as set out in Form 13 in the First Schedule and a writ of delivery to
recover goods or their assessed value may include a provision for enforcing the payment of money
adjudged to be paid by the judgment or order which is to be enforced by the writ.
(4) A judgment or order for the payment of the assessed value of goods may be enforced by the same
means as any other judgment or order for the payment of money.

6. Enforcement of judgment to do or abstain from doing an act

Where a person
(a) required by a judgment or order to do an act within a time specified in the judgment or order
refuses or neglects to do that act within that time, or
(b) disobeys a judgment or order requiring that person to abstain from doing an act,
the judgment or order may be enforced by an application to the High Court for in order for committal .

7. Court may order act to be done at expense of disobedient party

(1) If a mandatory order, an injunction, a judgment or order for the specific performance of a contract
is not complied with, the Court may direct that the party by whom the order, injunction or judgment is
obtained or some other person appointed by the Court, at the cost of the disobedient party, enforce the
order, judgment or injunction as far as is practicable.
(2) If a judgment or order that requires a party to execute a deed or endorse a negotiable instrument is
not complied with, the other party interested in having the deed executed or the instrument endorsed may
prepare a deed for endorsement of the instrument in accordance with the terms of the judgment or order
and tender it to the Court for execution together with the amount of any stamp duty payable.
(3) The deed for endorsement of the instrument with the signature on it by the Registrar shall have the
same effect as the execution or endorsement by the disobedient party and the disobedient party is liable
for contempt of Court.
(4) Subrules (2) and (3) shall not limit the right of the other party in whose favour the order is made to
apply to the High Court for an order of committal for contempt against the disobedient party.
(5) Where an action is taken under subrules (1) and (2) the expenses incurred may be ascertained in a
manner directed by the Court and execution may issue against the disobedient party for the amount as
ascertained and for costs.

8. Execution by or against person not being a party

(1) A person who is not a party to the cause or matter but who obtains any order or in whose favour
an order is made, is entitled to enforce obedience to the order by the same process as a party.
(2) A person who is not a party to a cause or matter but against whom obedience to a judgment or
order may be enforced is liable to the same process for enforcing obedience to the judgment or order as a
party.
9. Conditional judgment, waiver
A party entitled under a judgment or order or to any relief subject to the fulfillment of a condition but
who fails to fulfil that condition, shall be considered to have abandoned the benefit of the judgment or
order and unless the Court otherwise directs, another person interested may take any proceedings which
are either warranted by the judgment or, order or might have been taken if the judgment or order had not
been given or made.

10. Forms applicable to this Order

The Forms provided in the Schedule to these Rules shall be used for the respective purposes provided
for in this Order.

ORDER 22
Writs of Execution-General

1. Interpretation
In this Order, unless the context otherwise requires, a writ of execution includes a writ of fieri facias, a
writ of possession, a writ of delivery and any other writ in aid of execution.

2. Effect of writ of execution

(1) A writ of execution may be enforced in any part of the country.
(2) A writ of execution against goods binds goods in the hands of the judgment debtor as from the
time when the writ is issued, but does not affect the title to goods acquired by a person in good faith for
valuable consideration.
(3) Despite subrule (2), if that person who acquires title to the goods has notice that the writ or any
other writ by virtue of which the goods of the judgment debtor may be seized or attached has been
delivered to the judgment debtor but remains unexecuted in the hands of the Registrar then execution may
be levied against the goods.
(4) Execution against immovable property may be commenced by the judgment creditor but if the
judgment debtor provides information about the debtor’s movable property sufficient to satisfy the
judgment debt and costs to the Court or judgment creditor within twenty-one day of the commencement
of execution, the execution against the immovable property shall be stayed.
(5) Where the execution is levied against immovable property, there shall be endorsed on the writ of
execution a statement that there was not sufficient-movable property to satisfy the judgement debt.
(6) Subject to subrule (4), either movable or immovable property which belongs to the judgment
debtor whether held in the judgment debtor’s name or by another person in trust for or on behalf of the
judgment debtor, is liable to attachment and sale in execution of the judgment or order.

3. Necessity for leave to issue writ of execution

(1) A writ of execution to enforce a judgment or order may not issue without leave of the Court where
(a) six years or more have elapsed since the date of the judgment or order,
(b) a change has taken place, whether by death or otherwise, in the parties entitled or liable to
 execution under the judgment or order,
(c) the judgment or order is against the assets of a deceased person which has come into the
hands of that deceased person’s executors or administrators after the date of the judgment or
order, and it is sought to issue execution against those assets,
(d) under the judgment or order, a person is entitled to a relief subject to the fulfilment of a
condition which it is alleged has been fulfilled, or
(e) goods to be seized under a writ of execution are in the hands of a receiver appointed by the
Court or a sequestrator.
(2) Where the Court grants leave for the issue of a writ of execution and the writ is not issued within
one year after the date of the order that grants the leave, the order shall cease to have effect but a fresh
order may be made at anytime within six months after the old order had ceased to have effect.

4. Writ in aid of other writ

A writ of execution which is in aid of another writ of execution shall not issue without leave of the
Court.

5. Application for leave to issue writ

(1) An application for leave to issue a writ of execution may be made ex parte.
(2) The application shall be supported by an affidavit which
(a) identifies the judgment or order to which the application relates and, if the judgment or order
is for the payment of money, states the amount originally due and the amount due under it at
the date of the application;
(b) states, where the case falls within rule 3 (1) (a), the reasons or for the delay in enforcing the
judgment or order;
(c) states, where the case falls within rule 3 (1) (b), the change which has taken place in the
parties entitled or liable to execution since the date of the judgment or order;
(d) states where the case falls within rule 3 (1) (c) or (d), that a demand to satisfy the judgment
or order has been made on the person liable to satisfy the judgment or order and that the
person has refused or failed to do so; and
(e) gives any other information that is necessary to satisfy the Court that
(i) the applicant is entitled to proceed to execution on the judgment or order in question,
and
(ii) the person against whom it is sought to issue execution is liable to execution on the
judgment.
(3) The Court which hears the application may
(a) grant leave in accordance with the application, or
(b) order that any issue or question, on which a decision is necessary to enable the rights of the
parties to be determined be tried in a manner in which a question of fact or law which arises
in an action may be tried,
and in either case, may impose terms as to costs or otherwise as it considers just.
6. Issue of writ of execution
(1) A writ of execution is issued when it is sealed by the Registrar.
(2) A request for the issue of a writ of execution shall be filed before the writ is issued.
(3) The request shall be signed by the person entitled to the execution, or by that poison’s lawyer.
(4) On receipt of a request for the issue of a writ of execution, the Registrar shall make a note of the
request, and of the date and hour of receipt.
(5) The Registrar may seek the direction of the Court as to any request for issue of a writ of execution
and may decline to issue the writ.
(6) A writ of execution shall only be sealed if at the time it is tendered for sealing
(a) the Registrar is satisfied that the period, if any, specified in the judgment or order for the
payment of any money or for any other action to be taken under the judgment or order has
expired, and
(b) the person tendering it produces
(i) the judgment or order on which the writ is to issue or an office copy of the judgment
or order, and
(ii) the order granting leave or evidence of the grant of leave where the writ may not issue
without leave of the Court.
(7) The Registrar shall indorse on every writ of execution the date on which it is issued.
(8) Unless the Court otherwise directs, a writ of execution is valid in the first instance for twelve
months beginning with the date of its issue.

7. Duration and renewal of writ of execution

(1) For the purpose of execution, writs of execution shall be issued in the order they are applied for.
(2) Where a writ is not wholly executed and an application for extension is made to the Court before
the day on which the writ would otherwise expire, the Court may by order extend the validity of the writ
for a period of twelve months at any one time, beginning with the day on which the order is made.
(3) A writ, which has had its validity extended under this rule shall only be executed, if
(a) either the writ is sealed with the seal of the office of which it is issued showing the date on
which the order which extends its validity was made, or
(b) the applicant for the order serves on the Registrar to whom the writ is directed, a notice in
the specified form, sealed with the seal of the office out of which it is issued, informing
that Registrar of the making of the order and the date of the order.
(4) The priority of a writ, which has its validity extended under this rule is determined by reference to
the date on which the writ is originally delivered to the Registrar.
(5) The production of a writ of execution, or of the notice in subrule (3), provides evidence that the
validity of that writ or of the writ referred to in that notice, has been extended under this rule.

8. Procedure after issue of writ of execution

 (1) A writ of execution shall be enforced by a bailiff of the Court acting in accordance with the
instructions of the Registrar.
(2) A bailiff who is responsible for the enforcement of a writ of execution shall
(a) as soon as possible return the writ to the Registrar with a statement of account that shows
(i) the amount realized,
(ii) the amount due to the bailiff for fees and expenses, and
(iii) the balance, if any,
(b) pay the balance under paragraph (a) to the Registrar, and
(c) where a sale is held, deliver to the Registrar a duly certified account.
(3) The Registrar shall pay the balance to the execution creditor or other person entitled to the
balance.
(4) If for any reason the balance is not paid to the person entitled to the balance within fourteen days
after the receipt of the balance by the Registrar, the Registrar shall after that date, deal with it in the same
manner as the Registrar deals with money paid into Court.
(5) A bailiff shall not pay any money realized by a writ of execution to the execution creditor or to the
execution creditor’s lawyer or agent.
(6) The Registrar shall pay mileage money to the bailiff, but the bailiff may ask the execution creditor
to pay it to the Registrar in the first instance.
(7) A bailiff shall not receive or demand any subsistence allowance or any fee or charge whatsoever
in respect of the execution of any writ, except the mileage money, fees and expenses which the bailiff is
entitled to and which are stated in the statement of account delivered by the bailiff to the Registrar.
(8) The Registrar shall
(a) keep a book in which the Registrar shall enter the date of the return of every writ, the amount
realized, the amount of fees, expenses and the balance paid into court, and
(b) file the receipts for the balance as well as the voucher in support of the entry in the book
required to be kept under paragraph (a).

9. Return of writ of execution

(1) A party at whose instance a writ of execution is issued may serve a notice on the Registrar to
whom the writ is directed requiring the Registrar, to endorse on the writ within the time specified in the
notice, a statement of the manner in which the Registrar executes the writ and to send to that party a copy
of the statement.
(2) If a Registrar on whom the notice is served fails to comply with the notice, the party who serves
the notice may apply to the Court for an order directing the Registrar to comply with the notice.

10. Claims by other person (Interpleader)

(1) A person who makes a claim
(a) to or in respect of a property taken or intended to be taken in execution under process of the
Court, or
 (b) to the proceeds or value of that property,
shall give notice of the claim to the Registrar and include in the notice a statement of the person’s address
for service.
(2) On receipt of a claim made under subrule (1), the Registrar shall immediately give notice to the
execution creditor who shall within four days after receiving the notice give notice as set out in Form 14
in the First Schedule, to the Registrar to inform the Registrar of whether the claim is disputed or admitted.
(3) Where
(a) the execution creditor
(i) gives notice under subrule (2) to the Registrar which disputes the claim, or
(ii) fails to give the required notice within the period specified in subrule (2), and
(b) the claim made under subrule (1) is not withdrawn, the Registrar may apply to the Court for
relief.
(4) An application for relief by the Registrar under this rule shall be made ex parte to the Court to
seek an order that requires the claimant and the execution creditor to appear before the Court on a date
specified in the order for the issue between them to be determined.
(5) Where the execution creditor gives notice under subrule (2) to the Registrar which admits the
claim, the Registrar shall immediately withdraw from possession of the property claimed and may apply
to the Court for an order to prevent an action against the Registrar for having taken possession of the
property.
(6) Notice of an application under subrule (5) shall be served on the person who makes a claim under
subrule (1) to or in respect of the property concerned, and that person may attend the hearing of the
application.
(7) An execution creditor who gives notice in accordance with subrule (2) which admits the claim, is
liable to the Registrar only for the fees and expenses incurred by the Registrar before receipt of that
notice.

11. Powers of Court hearing application for relief

(1) Where in proceedings that arise out of an order made under subrule (4), all the persons who make
adverse claims to the property in dispute, in this rule referred to as the claimants, appear at the hearing,
the Court may
(a) summarily determine the question in issue between the claimants and the execution creditor
and make an order accordingly on terms that are just; or
(b) order that any issue between the claimants and the execution creditor be stated and tried, and
direct which of them is to be plaintiff and which defendant.
(2) Where a claimant, who has been duly served with notice of an order made under subrule (4), fails
to appear or appears but fails or refuses to comply with an order made after the appearance, the claimant,
and any person who claims under the claimant shall be forever barred from the prosecution of the
claimant’s claim against the Registrar and any person claiming under the Registrar.
(3) Subrule (2) does not affect the rights of the claimants as between themselves.
(4) Where a claimant claims to be entitled to any property as security for debt, the Court may
 (a) order that the property or part of the property be sold, and
(b) direct that the proceeds of sale be applied in a manner and on terms that the Court considers
just and that are specified in the order.
(5) In furtherance of this rule the Court may give judgment or make an order that may finally dispose
of all questions arising between a claimant and the execution creditor.
(6) An appeal against the judgment given or an order made under subrule (5) shall be filed within
fourteen days from the date of the judgment or order in accordance with Order 51 rule 16 of C.I. 47.

ORDER 23
Writ of Fieri Facias

1. Nature of writ of fieri facias

(1) A judgment or order for the payment of money may be enforced by a writ of fieri facias (fi.fa)
(2) Where a writ of fi.fa is issued it shall be executed by the seizure and sale of the debtor’s property
sufficient to satisfy
(a) the amount of the judgment debt,
(b) post-judgment interest at the appropriate rate until payment, and
(c) the costs of the execution.

2. Two or more writ of fieri facias

(1) A party entitled to enforce a judgment or order by writ of fi.fa may issue two or more of these
writs, directed to different Registrars, at either the same time or different times, to enforce that judgment
or order but the cost of execution of those writs taken together shall not exceed the cost of execution, if
the judgment or order were levied under one writ.
(2) Where a party issues two or more writs of fi.fa directed to different Registrars to enforce the same
judgment or order, that party shall inform each Registrar of the issue of the other writ or writs.

3. Separate writ to enforce payment of costs

(1) A party entitled to enforce a judgment or order for the payment of money, together with costs may
issue
(a) one writ of fi.fa to enforce payment of the sum other than costs adjudged or ordered, and
(b) another writ of fi.fa to enforce payment of the costs.
(2) A party entitled to enforce a judgment or order for the delivery of possession of property other
than money may issue a writ of fi.fa to enforce payment of damages or costs awarded to that party by that
judgment or order.

4. Methods of putting writ into effect

(1) Subject to the other provisions of this Order and to the provisions of any other relevant enactment,
a writ of fi.fa shall be enforced as regards
(a) movable property in the possession of the judgment debtor, by actual seizure, with the
 property being kept in the custody of the Registrar until sale;
(b) money or negotiable instrument, by actual seizure with the money or instrument being
deposited in court by the Registrar and held subject to the further order of the Court;
(c) movable property which the judgment debtor is entitled to subject to a lien or right of some
other person to the immediate possession of the property, by delivering to the person in
possession a written order which prohibits the person in possession from giving over the
property to the judgment debtor;
(d) shares in a body corporate, by a written order which prohibits
(i) the person in whose name the shares are held from making any transfer of the shares
or receiving payment of dividends on the shares, and
(ii) the manager, secretary or other proper officer of the body corporate from making a
payment of dividends until further order is issued by the Court;
(e) immovable property or interest in immovable property, whether at law or in equity, by a
written order which prohibits
(i) the judgment debtor from alienating the property or any interest in the property by
sale, gift or in any other way, and
(ii) any person from receiving the property or interest in that property by purchase, gift or
otherwise;
and the Registrar may also, by direction of the Court, take and retain actual possession of the property.
(2) The orders referred to in subrule (1) (c), (d) and (e) shall be signed by the Registrar.
(3) Subject to any other relevant enactment, property in the custody or under the control of a public
officer in that officer’s official capacity is liable to attachment in execution of a judgment or order after
notice has been given to the Attorney-General, and the order of attachment shall be served on that public
officer.
(4) Property in the custody of the Court is liable to attachment by leave of the Court, and the order of
attachment shall be served on the Registrar.

5. Service of prohibitory orders

(1) In the case of movable property which is not in the possession of the judgment debtor, a certified
copy of the order referred to in rule 4 (1) (c) shall be delivered to the person in possession of the property.
(2) In the case of shares in any body corporate, a certified copy of the order referred to in rule 4 (1)
(d) shall be delivered to or served on the manager, secretary or other proper officer of that body corporate.
(3) In the case of immovable property or any interest in it, a copy of the order referred to in rule 4 (1)
(e), certified by the Registrar shall
(a) be delivered to the judgment debtor,
(b) if the judgment debtor, cannot be found, be delivered to some adult person at the judgment
debtor’s last known place of abode or business to be given to the judgment debtor, or
(c) if delivery cannot be made, be affixed
(i) to a front door of the court building from which the writ of fi.fa issued, and
 (ii) to the door of the District Court nearest the immovable property which is the subject
of the writ, if that District Court is not the Court from which the writ issued.
(4) A similar copy of the order referred to in rule 4 (1) (e) shall in every case be posted on or affixed
to some conspicuous part of the immovable property in question.

6. Unauthorised alienation during attachment

After an attachment has been made by actual seizure, or by written order duly delivered, served or
posted in accordance with rule 5,
(a) an alienation without leave of the Court of the property attached, whether by sale, gift or
otherwise, and
(b) any payment of the debt, dividends, or shares to the judgment debtor during the continuance
of the attachment, is void, and the person who makes the alienation or payment is liable to
committal for contempt of court.

7. Payment of money and proceeds of sale

The Court may at any time during an attachment under this Order, direct that part of the property
attached that
(a) consists of money, be paid over to the party who has applied for execution of the judgment,
or
(b) does not consist of money, should as far as is necessary for the satisfaction of the judgment,
be sold, and the money realized from the sale, or a sufficient part of it be paid to the party
who has applied for execution of the judgment.

8. Sales in execution of judgments

(1) Sales in execution of judgments shall be
(a) made under the direction of the Registrar,
(b) conducted according to any orders, that the Court may make on the application of the party
concerned.
(2) The sales shall be made by public auction in accordance with the Auction Sales Law, 1989
(P.N.D.C.L. 230), unless the Court authorises the sale to be made in any other manner.
(3) An order relating to the sale may be made at the time of issuing a writ of fi.fa or afterwards.

9. Periods of notice of sale

(1) Subject to subrule (2) a sale shall not be made until
(a) in the case of movable property, at least seven days notice of the sale, or
(b) in the case of immovable property, at least twenty-one days notice,
has been given to the public, unless the judgment debtor in writing consents otherwise.
(2) Despite any notices which are published elsewhere, a notice shall be published in the town or
place where the property to be sold is situated, and if the sale is to take place in any other town or place
the notice shall also be published, in the town or at the place of sale.
10. Setting aside sale for irregularity
(1) At any time within twenty-one days from the date of the sale of any immovable property, an
application may be made to the Court to set aside the sale on the ground of material irregularity in the
conduct of the sale, but a sale shall not be set aside on the ground of irregularity unless the applicant
proves to the satisfaction of the Court that the applicant has sustained substantial injury because of that
irregularity.
(2) If the application is granted by the Court, the Court shall make an order to set aside the sale for
irregularity, and the purchaser shall be entitled to receive back any money deposited or paid by the
purchaser on account of the sale, with or without interest, to be paid by the parties and in the manner
directed by the Court.

11. When sale becomes absolute

(1) If an application is not made under rule 10, the sale shall become absolute.
(2) If an application made under rule 10 is dismissed, the Court shall make an order confirming the
sale.
(3) After a sale of immovable property becomes absolute or is confirmed under this rule, the Court
shall grant a certificate as set out in Form 15 of the First Schedule to the person who is declared the
purchaser at the sale, to the effect that that person has purchased the right, title and interest of the
judgment debtor in the property sold.
(4) A certificate of purchase granted under subrule (3) is a valid transfer of the right, title and interest
of the judgment debtor in the property sold and shall be deemed to be a conveyance of the property to the
purchaser.

12. Delivery of property sold

(1) Where the property sold consists of movable property
(a) in the possession of the judgment debtor or of which the judgment debtor is entitled to the
immediate possession, and
(b) of which actual seizure has been made,
the property shall be delivered to the purchaser.
(2) Where the property sold consists of movable property to which the judgment debtor is entitled
subject to a lien or right of any other person to the immediate possession of the property, delivery to the
purchaser shall, as far as practicable, be made by the Registrar giving notice to the person in immediate
possession which prohibits that person in immediate possession from delivering possession of the
property to any person except the purchaser of the property.
(3) If the property sold consists of immovable property in the possession of
(a) the judgment debtor,
(b) some other person on behalf of the judgment debtor,
(c) some other person claiming under a title created by the judgment debtor after the attachment
of the property,
the Court shall, on the application of the purchaser, order delivery to be made by putting the purchaser, or
any person whom the purchaser may appoint to receive delivery on the purchaser’s behalf, in possession
of the property and if need be, by removing any person who refuses to vacate the property.
(4) If the property sold consists of immovable property in the occupation of a person entitled to
occupy it, the Court shall, on the application of the purchaser, order delivery of it to be made by affixing a
copy of the certificate of purchase in some conspicuous place on the immovable property and on the
Court building.
(5) If the property sold consists of shares in a body corporate, the Court shall, on the application of
the purchaser, make an order which prohibits
(a) the person in whose name the shares are held from
(i) making any transfer of the shares to any other person except the purchaser, and
(ii) receiving payment of any dividends on the shares, and
(b) the manager, secretary or other proper officer of the body corporate from permitting any
transfer or payment to be made to any person other than the purchaser.
(6) If the property sold consists of negotiable securities of which actual seizure has been made, they
shall be delivered to the purchaser.

13. Transfer of securities or shares

(1) If the endorsement, transfer or conveyance of the party
(a) in whose name any negotiable security or a share in a body corporate stands, or
(b) in whom a mortgage or equity of redemption is vested is required to transfer the security,
mortgage or equity, the Registrar may endorse the security or share certificate or may
execute any other document necessary for the transfer of the property.
(2) The endorsement or execution shall be in the following form, or to the like effect:
A.B. by CD., Registrar of the District Court in the Y Region of Ghana; in an action by E.F. versus: A.B.
(3) Until the transfer of a security or a share, the Court may by order appoint some other person to
receive interest or dividend due on the security or share and to sign receipts for the interest or dividend.
(4) An endorsement made, or a document executed, or receipt signed by the Registrar or another
person appointed by the Court is binding on the judgment debtor or the party entitled to the security or
share.

14. Withdrawal on satisfaction of judgment

(1) If the amount adjudged, with costs, charges and expenses incurred by the attachment, is paid into
Court or if the judgment or order is otherwise satisfied, vacated or set aside, an order shall be issued for
the withdrawal of the attachment.
(2) If the execution debtor deposits in court a sum sufficient to cover the expenses, an order shall be
issued for the withdrawal of the attachment, and the necessary steps shall be taken to stay further
proceedings in execution of the judgment or order.

15. Power to stay execution by writ of fieri facias

(1) Where a judgment is given or an order is made for the payment of money by a person and on an
application made at the time of the judgment or order or at anytime after the judgement or order by the
judgment debtor or other party liable to execution the Court is satisfied that
(a) there are special circumstances which render it inexpedient to enforce the judgment or order;
or
(b) the applicant is unable from any just cause to pay the money, then, despite anything in rule 2
or 3, the Court may by order stay the execution of the judgment or order by writ of fi.fa
either absolutely or for a period and subject to conditions that the Court considers
appropriate.
(2) Where an application made under subrule 1 is not made at the time the judgment is given or the
order is made,
(a) the application shall be supported by an affidavit made by or on behalf of the applicant
stating the grounds of the application and the evidence necessary to substantiate those
grounds, and
(b) notice of the application and a copy of the supporting affidavit shall be served on the party
entitled to enforce the judgment or order within a period of not less than four clear days
before the day named in the notice for hearing of the application.
(3) Where the application is made on the ground of the applicant’s inability to pay, the affidavit shall
disclose the applicant’s income, the nature and value of any property of the applicant and the amount of
any other liabilities of the applicant.
(4) An order that stays execution under this rule may be varied or revoked by a subsequent order.

ORDER 24
Garnishee Proceedings

1. Order for examination

(1) Where a person obtains a judgment or order for the payment of money by another person, referred
to in this Order as the judgment debtor, the Court, on an application made ex parte by the person entitled
to enforce the judgment or order, may order the judgment debtor or, where the judgment debtor is a body
corporate, an officer of that body corporate to attend the Court and be orally examined on
(a) whether any debts are owing to the judgment debtor, and
(b) whether the judgment debtor has any property or other means of satisfying the judgment or
order.
(2) The Court may also order the judgment debtor or where the judgment debtor is a body corporate
the officer of the judgement debtor to produce, at the time and place appointed for the examination, any
books or documents in the possession of the judgment debtor relevant to these questions.

2. Examination of party liable to satisfy the judgment

Where there is difficulty with the enforcement of any judgment or order, other than a judgment or
order under rule 1, the Court may make an order under rule 1 to require the party liable to satisfy the
judgment or order to attend the Court and be examined on questions specified in the order and rule 1 shall
apply accordingly with the necessary modifications.
3. Attachment of debt owed to judgment debtor
(1) Where a person, in this Order referred to as the judgment creditor obtains a judgment or order for
the payment of money by the judgment debtor and
(a) the judgment or order is not for the payment of money into Court, and
(b) another person referred to as the garnishee is indebted to the judgment debtor,
the Court may, subject to the provisions of this Order and of any other relevant enactment, order the
garnishee to pay to the judgment creditor,
(c) the amount of any debt due or accruing to the judgment debtor from the garnishee, or
(d) as much of the debt as is sufficient to satisfy that judgment or order and the costs of the
garnishee proceedings.
(2) In furtherance of this rule a bank is a debtor to a customer who has a credit balance in an account
kept with the bank and the credit balance is
(a) the debt owed by the bank to the customer, and
(b) subject to garnishee proceedings.
(3) An order under this rule shall
(a) in the first instance be an order to show cause,
(b) specify the time for further consideration of the matter, and
(c) attach the debt or as much of the debt as is specified in the order, to satisfy the judgment or
order and the costs of the proceedings.

4. Application for order

An application for an order under rule 3 may be made ex parte and shall be supported by an affidavit
that
(a) identifies the judgment or order to be enforced and states the amount remaining unpaid under
it at the time of the application,
(b) states that to the best of the information or belief of the deponent, the garnishee is indebted to
the judgment debtor, and
(c) states the sources of the deponent’s information or the grounds for the deponent’s belief.

5. Service and effect of order to show cause

(1) An order under rule 1 to show cause as set out in Form 16 of the First Schedule shall be served, at
least seven days before the time appointed for the further consideration of the matter, on
(a) the garnishee personally; and
(b) the judgment debtor unless the Court otherwise directs,
(2) Service of the order on the garnishee shall bind the garnishee as regards the debt or the part of the
debt specified in the order from the date of service on the garnishee.
6. No attendance or dispute of liability by garnishee
(1) Where at the further consideration of the matter, the garnishee does not attend or does not dispute
the debt due or claimed to be due from the garnishee to the judgment debtor, the Court may, subject to
rule 7, make an order absolute under rule 1 against the garnishee.
(2) An order absolute under rule 1 against the garnishee may be enforced in the same manner as any
other order for the payment of money, except that in the case of a garnishee bank the Court may order the
bank to pay the judgment creditor the credit balance or as much of it as is necessary to satisfy the
judgment debt and costs.

7. Dispute of liability by garnishee

Where at the further consideration of the matter the garnishee disputes liability to pay the debt due or
claimed to be due to the judgment debtor, the Court may summarily determine the question in issue or
order that any question necessary for determining the liability of the garnishee be tried in the manner in
which a question or issue in an action may be tried.

8. Claims of third person

(1) If in garnishee proceedings it is brought to the notice of the Court that some person other than the
judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a
charge or lien on the debt, the Court may order that other person to attend the Court and state the nature
of the claim, with particulars of the claim.
(2) After hearing a person who attends the Court in compliance with an order under subrule (1), the
Court may
(a) summarily determine the questions in issue between the claimants, or
(b) make another order as it considers just, including an order that the question or issue
necessary for determining the validity of the claim of that person be tried in a manner a
question or an issue in an action may be tried.

9. Discharge of garnishee or judgment debtor

(1) A payment made by a garnishee in compliance with an order absolute under this Order and any
execution levied against the garnishee under this order is a valid discharge of the liability of the garnishee
to the judgment debtor to the extent of the amount paid or levied, even if the garnishee proceedings are
subsequently set aside or the judgment or order from which they arose are reversed.
(2) A payment made by a garnishee in compliance with an order absolute under this Order and an
execution levied against the garnishee in furtherance of the order shall also be a valid discharge of the
liability of the judgment debtor to the judgment creditor to the extent of the amount paid or levied despite
the subsequent setting aside of the garnishee proceedings or reversal of the judgment or order from which
they arose are reversed.

10. Money in Court

(1) Where money stands to the credit of a judgment debtor in Court, the judgment creditor is not
entitled to take garnishee proceedings in respect of that money but may apply to the Court for an order
that the money or so much of it as is sufficient to satisfy the judgment or order sought to be enforced,
together with the costs of the application be paid to the judgment creditor.
(2) Notice of the application shall be served on the judgment debtor at least seven days before the day
named in the application for hearing the application.
(3) The money to which the application relates shall not be paid out of Court until after the
determination of the application unless the Court directs otherwise
(4) The Court which hears the application may make any order that it considers just as regards the
money in Court.

11. Costs
The costs of an application for an order under rule 1 or 8, and of any proceedings arising from or
incidental to the application shall, unless the Court otherwise directs, be retained by the judgment creditor
out of the money recovered by the judgment creditor under the order and in priority over the judgment
debt.

ORDER 25
Proceedings at Trial

1. Failure to attend trial

(1) Where an action is called for trial and the parties fail to attend, the trial magistrate may strike the
action off the trial list.
(2) Where an action is called for trial and a party fails to attend, the trial magistrate may
(a) where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim, if any,
and allow the plaintiff to prove the claim;
(b) where the defendant attends and the plaintiff fails to attend, dismiss the action and allow the
defendant to prove the counterclaim, if any; or
(c) make any other order that is just.

2. Judgment given in absence of party may be set aside

(1) A magistrate, on an application by the affected party, may set aside or vary, on terms that are just,
a judgment obtained against a party who fails to attend the trial.
(2) An application under this rule shall be made within fourteen days after the trial.

3. Adjournment of trial
The Court may, if it considers it necessary in the interest of justice, adjourn a trial for a time and on
terms the Court considers appropriate.

4. Order of giving evidence

(1) The case of the plaintiff shall be opened by the plaintiff giving evidence on the plaintiff’s own
behalf or in the case of a representative action, on behalf of the person the plaintiff represents.
(2) The defendant may cross-examine the plaintiff if the defendant chooses to do so.
(3) The plaintiff shall after giving evidence call the plaintiff’s witnesses if any who shall give
evidence in accordance with Order 26 and who may be cross-examined and re-examined.
(4) When the plaintiff finishes calling witnesses the Court shall enquire from the plantiff whether that
was the end of the plantiff’s case and on an affirmative answer record this fact in the Record Book as the
close of the plaintiff’s case at that stage.
(5) Where the defendant elects to adduce evidence, the defendant may after the close of the plaintiff’s
case, open the case of the defendant and give evidence on the defendant’s own behalf or on behalf of the
parties the defendant represents, if any.
(6) The plaintiff may cross-examine the defendant if the plaintiff elects to do so.
(7) The defendant may also call witnesses who may give evidence and be cross-examined and
re-examined.
(8) When the defendant finishes calling witnesses the court shall enquire from defendant whether that
was the end of the defendant’s case and on an affirmative answer record this fact in the Record Book as
the close of the defendant’s case at that stage.
(9) Where the parties are not represented by lawyers the court may adjourn the case to a date for
judgment.
(10) Where the parties are represented by lawyers the lawyer may address the Court before the
judgment is given.

5. Where written pleadings not filed, or parties are illiterate

Where written pleadings have not been filed, or the parties or any of them is incapable of
understanding the effect of the written pleadings with sufficient accuracy,
(a) the preceding rules on the order of proceedings at the hearing shall be varied by the Court as
far as is necessary; and
(b) the defendant’s statement in defence, if the defendant does not admit the whole cause of
action, shall be heard
(i) immediately after the conclusion of the plaintiff’s statement of claim and the grounds
for the claim, and
(ii) before any witnesses are examined unless the Court directs otherwise.

6. Disallowance of vexatious questions in cross-examination

The magistrate may disallow a question asked in cross-examination of a party or a witness which
appears to the magistrate to be vexatious and not relevant to any matter which it is proper to enquire into
in the cause or matter.

7. List of exhibits
(1) The clerk of the Court shall take charge of every document or object put in as an exhibit during
the trial and shall mark or label each exhibit with
(a) a letter or letters indicating the party by whom the exhibit is put in or the witnesses by whom
it is proved, and
(b) a number, so that all the exhibits put in by a party or proved by a witness are numbered in
one consecutive series.
 (2) The clerk of the Court shall cause a list to be made of all the exhibits in the action, and a party
may, on payment of the prescribed fee, have a certified copy of that list and any documentary exhibit.
(3) The list of exhibits when completed and any documentary exhibit shall be attached to the
pleadings and shall form part of the record of the action.
(4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit.

8. Custody of exhibits after trial

(1) An exhibit tendered at a trial shall be kept in the registry of the trial Court until the period limited
for appeal has expired and where an appeal is made after the trial, the exhibits shall be forwarded to the
High Court with the record of proceedings.
(2) An exhibit shall not, except by order of the Court, be given to any party or taken out of the
registry before the expiration of the time limited for appeal or until the appeal has been heard and
disposed of.

ORDER 26
Evidence Generally

1. General rule on witnesses to be examined orally

(1) Subject to the Constitution, the Evidence Act, 1975 (N.R.C.D. 323), these Rules and any other
relevant enactment, a fact required to Le proved at the trial of an action by the evidence of a witness shall
be proved by the examination of the witness orally and in open court.
(2) Where a party to the action or a witness is unable to come to court as a result of illness but is
reasonably well and capable of giving evidence the Court, in the interest of justice and for reasons to be
stated in the record book, may move to the house, hospital or other place where that party or witness is
confined to take that party’s or witness’s evidence.

2. Evidence by affidavit
(1) On an application in a cause or matter, the Court, unless these Rules prescribe otherwise or it
determines otherwise, may order that evidence be given by affidavit and may, on the application of a
party, order the attendance for cross-examination of the person making the affidavit.
(2) Where, a person who has been ordered to attend Court for cross-examination under subrule (1)
does not attend, that person’s affidavit shall not be used as evidence without the permission of the Court.

3. Limitation of expert evidence

The Court may, at or before the trial of an action, order that the number of medical or other expert
witnesses who may be called at the trial be limited as specified in the order.

4. Official documents in evidence

Without limiting the effect of any relevant enactment, a document purporting to be sealed with the seal
of an office or a department shall be received in evidence without further proof, and any document
purporting to be so sealed and to be a copy of a document filed in or issued out of that office or
department shall be presumed to be an office copy of that document without further proof unless the
contrary is shown.

5. Form and issue of witness summons

(1) A witness summons is a document issued by the Court which requires a witness to
(a) attend Court to give evidence; or
(b) produce a document to the Court.
(2) A witness summons shall be as set out in Form 17 of the First Schedule.
(3) A witness summons is issued when it is sealed by an officer of the registry of the Court which
requires the attendance of the witness or the production of a document by the witness.
(4) Before a witness summons is issued, a request as set out in Form 18 of the First Schedule for the
issue of the summons shall be filed in the registry out of which the summons is to issue and the request
shall contain
(a) the name and address of the party issuing the summons, if the party issuing is acting in
person, or
(b) the name or firm and business address of that party’s lawyer and if the lawyer is the agent of
another, the name or firm and business address of the lawyer’s principal.

6. Amendment of witness summons

Where there is a mistake in a person’s name or address in a witness summons which has not been
served, the party by whom the summons is issued may have the summons re-sealed in the correct form by
filing a second request under rule 5 (4) endorsed with the words amended and re-sealed.

7. Service of witness summons

A witness summons shall be served personally, and the service is not valid unless it is effected within
twelve weeks after the date of issue of the summons.

8. Duration of witness summons

A witness summons shall continue to have effect after service until the conclusion of the trial at which
the attendance of the witness is required.

ORDER 27
Delays and Discontinuance

1. Duty to avoid delay

It is the duty of the parties, their lawyers and the Court to avoid unnecessary adjournments and other
delays and ensure that causes or matters are disposed of as speedily as the justice of the case permits.

Proceedings after delay

2. Notice of intention to proceed

Where six months have elapsed since the last step was taken in any cause or matter, the party who
wishes to proceed shall give to every other party not less than twenty eight days notice of the intention to
proceed.

3. Striking out for delays

(1) Where in a cause or matter a step has not been taken for twelve months from the date of the last
proceedings and a notice under rule 2 has not been given, the Registrar shall or any party to the cause or
matter may apply to the Court for an order that the cause or matter be struck out for want of prosecution.
(2) Notice of the application shall be served on all the parties concerned at least fourteen days before
the day stated in the notice for hearing of the application.
(3) On the hearing of the application, and on proof of service of the notice on all parties concerned,
the Court shall strike out the cause or matter if none of the parties shows cause to the satisfaction of the
Court why the cause or matter should not be struck out.
(4) If a party shows cause to the satisfaction of the Court why the cause or matter should not be struck
out for want of prosecution, the Court shall order the proceedings to continue on terms that the Court
thinks fit.

4. Withdrawal or discontinuance
(1) A party may withdraw or discontinue a case or action by either writing to the Registrar of the
Court or by making an oral application to the magistrate when the case is being heard.
(2) The Court on receipt of a notice of discontinuance shall strike out the action as discontinued,
subject to the award of costs.

5. Discontinuance does not abate Counterclaim

Where there is a counterclaim, the Magistrate shall explain to the plaintiff that the defendant’s
counterclaim shall not abate by reason only of the plaintiff’s discontinuance.

6. Effect of discontinuance
Discontinuance or withdrawal shall not be a defence to any subsequent action by either party.

7. Stay of subsequent action

Where a subsequent action is brought for the same or substantially the same cause of action before the
costs of the discontinued action are paid, the Court may on the application of the party affected order a
stay of the subsequent action until the costs are paid.

8. Meaning of withdrawal and discontinuance

In this rule the term withdrawal means the termination of only part of the claim whereas
discontinuance means that the entire claim is abandoned.

ORDER 28
Judgement

1. Delivery of judgment
 (1) The decision or judgment in an action shall be delivered in open Court, unless for reasons to be
stated in the record the Court otherwise directs.
(2) It is the duty of the Court to deliver judgment as soon as possible after the close of each case
before it, and in any event not later than four weeks after the close of the case.
(3) In furtherance of sub rule (2) a case is closed when the evidence has been given to the Court and
the final addresses if any have been concluded.
(4) Where for any reason judgment is not delivered within the period of four weeks, the Court shall
not later than seven days after the expiration of that period inform the Chief Justice in writing of that fact
and shall state the reasons for the delay and the date on which the Court proposes to deliver judgment.
(5) Where judgment is not delivered within the period of four weeks, a party to the cause or matter
may, in writing, notify the Chief Justice of that fact and request that a date be fixed for the delivery of
judgment.
(6) On receipt of a notice from the Court or a party under subrule (4) or (5), the Chief Justice may fix
a date for the delivery of judgment by the Court and notify the Court accordingly, and the Court shall
ensure that judgment is delivered on the date fixed by the Chief Justice.

2. Notice when reserved

If the Court reserves judgment at the hearing, parties to the action shall be served with notice to attend
and hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in
which case there shall be no further notice.

3. When parties deemed to have had notice

Parties are deemed to have notice of the decision or judgment of the Court if the decision or judgment
is pronounced at the hearing, and parties who have been served with notice to attend and hear the decision
or judgment shall be deemed to have notice of the decision or judgment when pronounced whether they
infact attend or not.

4. Minute of judgment: its effect

(1) Minutes of every judgment, whether final or interlocutory, shall be made and those minutes are a
decree of the Court, and have the full force and effect of a formal decree.
(2) The Court may order a formal decree to be drawn up on the application of either party and that
Formal Decree shall as near as may be as set out in Form 19 of the First Schedule.

5. Where set-off or counterclaim granted

If the defendant has been granted a set off or counterclaim against the claim of the plaintiff, the
judgment shall state the amount due
(a) to the plaintiff, and
(b) to the defendant
and the judgement shall be for the recovery of any sum which is due to either party.

6. Decree to be obeyed without demand

 A person who is directed by a decree or order to pay money or do any other act shall obey the decree
or order on being served, without any demand for payment or performance, and if a time for performance
is not specified in the decree or order that person is bound to obey the decree or order immediately after
the decree or order has been made unless the Court enlarges the time by a subsequent order.

7. Court may direct time for payment or performance, and interest

(1) The Court, at the time of giving judgment or making an order or at any time afterwards, may
(a) direct the time within which a payment is to be made or another act done, and
(b) order the payment of interest at the same rate as a High Court may order in the
circumstances.
(2) The time for payment shall be reckoned from the date of the judgment or order or from some other
point of time that the Court considers appropriate.

8. Payment by instalments
(1) Where a judgment or an order directs the payment of money, the Court may for any sufficient
reason, order that the amount be paid by instalments, with interest.
(2) The order may be made at the time of giving judgment, or at any time afterwards by a Magistrate
who has the necessary jurisdiction, and may be rescinded at any time on sufficient cause.

ORDER 29
Review

1. Power of review
(1) A magistrate may on grounds that the magistrate considers sufficient, review a judgment or
decision given by that magistrate where either party has obtained leave to appeal or a reference has been
made on a special case, and the appeal or reference is not withdrawn.
(2) The magistrate may, in the review open and re-hear the case wholly or in part, and take fresh
evidence, reverse, vary, or confirm the previous judgment or decision.

2. Application within fourteen days

(1) An application for review of a judgment shall be made by motion on notice not later than fourteen
days after the judgment.
(2) The Court shall not entertain an application for review after the fourteen days, unless within thirty
days after the fourteen days an application for special permission of the Court is filed.
(3) The Court may grant the special permission on terms that the Court considers just.

3. Parties to be heard
A party shall be given the opportunity to be heard.

4. Application for review not a stay of proceedings

(1) The application for review shall not of itself operate as a stay of execution unless the Court so
orders, and the order may be made on terms as to security for satisfaction or performance of the judgment
or otherwise as the court considers necessary.
(2) Money paid into Court in the action shall be retained to await the result of the motion or the
further order of the Court.

ORDER 30
Sittings, Office Hours, Weekends and Public Holidays

1. Days and hours of sitting

(1) Subject to the Courts Act, 1993 (Act 459) the Chief Justice may appoint any day including
weekends and public holidays, for the hearing of a cause or matter as the circumstances require.
(2) The sittings of the Court shall be for the hours that the Chief Justice directs.

2. Order of business
Subject to special arrangement for any particular day, the business of the day shall be taken as nearly
as the circumstances permit in the following order:
(a) at the commencement of the sitting, judgments shall be delivered in matters for which
delivery of judgment has been fixed for that day;
(b) motions shall be taken in the order in which they stand in the motion list; and
(c) the causes or matters on the cause list shall then be called in their order unless the Court
considers it fit to vary the order.

PROBATE AND ADMINISTRATION

ORDER 31
Preliminary Matters

1. Application for probate or letters of administration

(1) An application for probate or letters of administration in respect of the estate of a deceased person
may be made only to the Court with jurisdiction over the area where the deceased had at the time of death
a fixed place of abode.
(2) Despite subrule (1) where a person who does not have a fixed place of abode in the country, dies
within or outside the country, the Court in the area where that person’s property is located shall, subject to
the Courts Act, 1993 (Act 459) or any other relevant enactment in force, have jurisdiction for the
purposes of granting probate or letters administration in respect of the estate.
(3) Where the deceased has property within the jurisdiction of more than one Court, the application
shall be made to only one of the Courts in respect of all the properties.
(4) Notice of an application made under subrule (3) shall be given to the Registrar of every Court
which has jurisdiction over the area where any property of the deceased is located and any caveat filed in
any of those Courts shall be brought to the notice of the Court before which the application is pending
and that Court may stay the hearing of the application until it is satisfied that no caveat has been filed in
another Court and if a caveat has been filed, the reasons necessitating its filing has been dealt with and the
caveat removed.
(5) In this Order property means movable and immovable property.

2. Preservation of property
(1) The Court to which an application is made under rule 1 may, for the preservation of the property
of the deceased within its jurisdiction or for the discovery or preservation of any will or other
testamentary instruments of the deceased, take interim measures that it considers necessary.
(2) Where the circumstances so require, the Court within whose jurisdiction the property is situated
shall on the death of the person or as soon as may be practicable after the death, appoint an officer of the
Court or any other person that it considers fit, to take possession of the property within its jurisdiction or
put the property under seal until the property is dealt with in accordance with law.

3. Intermeddling with property

Where a person who is not the executor of a will or appointed by the Court to administer the estate of
a deceased person, takes possession of and administers or otherwise deals with the property of a deceased
person, that person
(a) is subject to the same obligations and liabilities as an executor or administrator,
(b) commits the offence of intermeddling, and
(c) is liable on summary conviction to a fine of not more than five hundred penalty units or
twice the value of the estate intermeddled with or to imprisonment for a term of not more
than two years or both.

4. Failure to apply for probate

Where a person who is the executor in the will of a deceased person
(a) takes possession of and administers or otherwise deals with any part of the property of the
deceased, and
(b) does not apply for probate within three months after the death, or after the termination of any
proceedings in respect of probate or administration,
that person, in addition to any other liability which may be incurred, commits the offence of
intermeddling and is liable on summary conviction to a fine of not more than five hundred penalty units
or to imprisonment for a term of not more than two years or to both

5. Production of testamentary papers

Where it appears to the Court that any paper of the deceased which is or which purports to be
testamentary, is in the possession or under the control of any person, the Court may, whether or not any
proceedings relating to probate or administration are pending, order that person to produce the paper in
Court.

6. Examination in respect of testamentary papers

(1) Where it appears to the Court that there are reasonable grounds to believe that any person has
knowledge of any paper which purports to be testamentary, even if it is not shown that the paper is
 (a) in that person’s possession, or
(b) under that person’s control,
the Court may, whether or not proceedings that relate to probate or administration are pending, order that
person to attend Court and to produce the paper before the court.
(2) The order to produce a testamentary paper for examination shall be in the form set out in Form 20
in the First Schedule.

7. Notice to executors to come in and prove will

(1) The Court may of its own motion or on the application of a person who claims an interest under a
will, give notice to the executors named in the will to come and prove the will or renounce probate.
(2) The executors or any one or more of them shall, within fourteen days after receipt of the notice,
come in and prove the will or renounce probate.
(3) Where an executor who has received a notice under this rule does not come to prove the will or
renounce probate as required by subrule (2), the right of the executor to executorships shall be
extinguished and an application for letters of administration with will annexed may be made by a person
entitled to letters of administration.
(4) A notice under this rule shall be as set out in Form 21 in the First Schedule.

Application for Grant of Probate or letters of Administration

8. Affidavit in support of application

The application for probate or letters of administration shall be supported by an affidavit sworn by the
applicant and with other documents that the Court may require.

9. Declaration of property of a deceased

(1) On an application for the grant of probate or letters of administration, the Court may require
evidence of the identity of the applicant in addition to that provided by the applicant, where the additional
evidence is necessary or desirable.
(2) The Court shall ascertain the time and place of death of the deceased and require proof of death by
production of a death or burial certificate or some other evidence to the satisfaction of the Court.
(3) The applicant shall make a declaration of the value of the property of the deceased and the Court
shall, as the circumstances allow, satisfy itself of the correct value.
(4) The declaration under this rule shall be as set out in Form 22 of the First Schedule.

10. Notice of grant

(1) The Court shall order a grant of letters of administration to issue only if after the grant, notice of
the grant is given for a period of not less than twenty-one days or any other period ordered by the Court,
with the notice being posted in the following manner
(a) in the court where the application for the grant was made;
(b) in any public place within the jurisdiction of the Court where the notice is likely to be seen
 by those who may have an interest in the estate; and
(c) at the last known place of abode of the deceased in respect of whose estate the grant is made.
(2) Where the grant is in respect of the estate of a person who dies intestate, the notice shall be given
whenever practicable to all persons entitled to a share of the estate of the deceased under the Intestate
Succession Act, 1985 (P.N.D.C.L. 111) as amended but the Court may dispense with the notice to the
beneficiaries if it considers it expedient to do so.
(3) The Court shall not order any grant of probate or letters of administration to issue until all
inquiries which it considers fit to make are answered to its satisfaction.
(4) The Court shall make available every facility that is necessary for obtaining probate or letters of
administration and which is consistent with the prevention of error and fraud.
(5) Notice under this rule shall be as set out in Form 23 in the First Schedule.

11. Caveat
(1) A person who has or claims to have an interest in the estate of a deceased and who wishes to
ensure that grant of probate or letters of administration is not made without notice to that person, may file
a caveat as set out in Form 24 of the First Schedule.
(2) The caveat may be filed either before or after an application has been made for probate or letters
of administration, but before the grant.
(3) A caveat which is filed before an application for probate or letters of administration is made shall
be brought to the notice of the Court by the Registrar as soon as the application is filed.
(4) A caveat filed after an application for probate or letters of administration has been made shall be
brought immediately to the notice of the Court by the Registrar.
(5) On being given notice of a caveat, the Court shall direct the Registrar to bring the caveat to the
notice of the applicant or the lawyer of the applicant and this notice shall be as set out in Form 25 of the
First Schedule and the Court shall decline to take any further steps until the applicant duly warns the
caveator in accordance with subrules 8 and 9 of this rule.
(6) A caveat shall remain in force for three months from the date on which it is filed, but may be
renewed.
(7) The Registrar shall not allow any grant of probate or letters of administration to be sealed if the
Registrar has knowledge of an effective caveat in respect of the grant but a caveat shall not operate to
prevent the sealing of a grant on the day on which the caveat is filed or on which a copy of the caveat is
received.
(8) A person who files a caveat shall be warned and the warning shall be as set out in Form 26 of the
First Schedule.
(9) The warning shall be issued by the Registrar at the instance of the applicant or any person
interested in the estate and it shall require the person who filed the caveat to file an affidavit stating the
nature and particulars of any interest that person may have in the estate of the deceased.
(10) If the warning is not obeyed, the applicant shall move the Court in respect of the applicant’s
original motion for the grant of probate or letters of administration and where the Court considers it fit,
the Court shall direct that notice be served on the caveator.
(11) If the warning is obeyed, a copy of the affidavit filed shall be served on the applicant by the
Registrar.
(12) On receipt of the affidavit of a caveator, the applicant shall move the Court to grant probate or
letters of administration on notice to the caveator who shall at the expense of the applicant, be served with
copies of any affidavits on which the applicant intends to rely.
(13) At the hearing of the motion, if the parties agree among themselves as to the person to whom a
grant of probate or letters of administration shall be made, the Court may order that the caveat be
removed from the file and a grant be made to that person.
(14) Where the parties fail to agree on the person to whom a grant shall be made, the Court
(a) shall summarily determine who is entitled to the grant of probate or letters of administration,
or
(b) if it considers it necessary, order the applicant to issue a writ against the caveator within
fourteen days from the date of the order, to determine who is entitled to grant of probate or
letters of administration.

12. Order of priority for grant where deceased leaves a will

(1) Where a person dies and leaves a will, the executors are entitled to grant of probate.

(2) Where the executors renounce or fail to take probate, any person interested in the estate of the
deceased person may apply for grant of letters of administration with the will annexed.
(3) The person entitled to grant of probate or letters of administration with the will annexed shall be
determined in accordance with the following order of priority:
(a) a specific legatee, devisee, creditor or the personal representative of any of these persons but
administration shall be given to a living person in preference to the personal representative of
a deceased person who would, if living be entitled in the same degree;
(b) a legatee or devisee whether residuary or specific who claims to be entitled on the occurrence
of a contingency;
(c) a residuary legatee or devisee holding in trust for another person;
(d) the ultimate residuary legatee or devisee where the residue is not disposed of by the will; or
(e) a person who has no interest under the will of the deceased but who would have been entitled
to a grant if the deceased had died intestate.
(4) The Court may make a grant to a specific legatee or devisee if satisfied that the interest of the
person entitled to the residue is so small as to justify the person being passed over.

13. Order of priority for grant where person dies instestate after P.N.D.C.L. 111
Where a person dies intestate on or after 14th June, 1985, the persons who have beneficial interest in
the estate of the deceased shall be entitled to a grant of letters of administration in the following order of
priority,
(a) surviving spouse;
(b) surviving children;
(c) a surviving parent;
 (d) customary successor of the deceased.

14. Grant where two or more persons are entitled in the same degree
(1) Unless otherwise provided by any other relevant enactment, the number of persons to whom a
grant may be made shall not exceed four.
(2) Where there is a dispute between persons who are entitled to a grant in the same degree, the Court
(a) may make a grant to any one of them without joining the others; and
(b) shall summarily determine the dispute and make a grant to one of them as it considers fit.

15. Notice to accept or refuse grant of probate or administration

(1) Where a person who has a prior right to a grant of probate or letters administration delays, or
refuses to take it and does not renounce the right, a person who has an inferior right may serve a notice as
set out in Form 27 of the First Schedule, on the person with the prior right, calling on that person with the
prior right to take the grant or renounce the right.
(2) If on being served with a notice under subrule (1), the person with prior right does not apply for a
grant or renounce the right within fourteen days, the person serving the notice may apply for a grant and
the Court shall make a grant to the applicant if the Court is of the opinion that it is desirable to do so.

Probate or administration with Will annexed

16. Custody of wills

(1) A person may make a will and deposit it for safe custody in the Court that has jurisdiction over the
area in which that person has a fixed place of abode.
(2) A will made under subrule (1) shall be sealed with the seal of the person who made the will and
the seal of the Court.
(3) An original will filed in a Court shall not be given out for any purpose without the direction in
writing of the Court in which the will is filed.
(4) A certified copy of the probate or letters of administration with will annexed may be obtained
from the Court.

17. Examination of will

(1) On receipt of an application for probate or for letters of administration with will annexed, the
Court shall
(a) inspect the will to find out whether it appears to have been signed by the testator or by some
other person in the testator’s presence and at the testators direction, and to have been
subscribed by two witnesses in accordance with the Wills Act, 1971 (Act 360), and
(b) not proceed further if the will does not appear to be properly signed and subscribed as under
paragraph (a).
(2) If the will appears to be properly signed and subscribed as under subrule (1) (a), the Court shall
examine the attestation clause, if any, and consider whether it shows the will to have been in fact executed
in accordance with the Wills Act, 1971 (Act 360).
18. Attestation clause and witnesses
(1) If there is no attestation clause, or if the attestation clause is insufficient, the Court shall require an
affidavit from at least one subscribing witness, if either of them is living, to prove that the will was in fact
executed in accordance with the Wills Act, 1971 (Act 360).
(2) The affidavit shall form part of the probate so that the probate shall be a complete document on
the face of it.
(3) If on a close examination of the affidavit it appears that the will was not in fact executed in
accordance with the Wills Act, 1971 (Act 360), the Court shall refuse to grant probate.
(4) Where both subscribing witnesses are dead, or on some other reasonable grounds the affidavit
cannot be obtained from either of them, the Court
(a) shall require an affidavit as set out in Form 28 in the First Schedule from another person, if
any, present at the execution of the will, and
(b) if the affidavit cannot be obtained, shall require proof of
(i) that fact,
(ii) the handwriting of the deceased and of the subscribing witnesses, and
(iii) any circumstances that raise a presumption in favour of the due execution of the will.
(5) An attestation clause and an affidavit of handwriting shall be set out in Forms 29 and 30
respectively in the First Schedule.

19. Blind or illiterate testator

Where a testator is blind or illiterate, the Court shall not grant probate of the will or letters of
administration with the will annexed unless the Court is first satisfied, by proof or by what appears on the
face of the will; that the will was read over to the deceased before its execution or that the deceased had at
that time knowledge of its contents.

20. Interlineations, alterations, erasures, obliterations

(1) The Court, on being satisfied that a will has been duly executed, shall carefully inspect it to see
whether there are any interlineations, alterations, erasures, or obliterations that appear in it and which
have to be accounted for.
(2) Interlineations, alterations, erasures and obliterations are invalid unless they are made valid by the
re-execution of the will, or by the subsequent execution of a codicil to the will.

21. Documents referred to in a will

(1) Where a will contains a reference to a document of a nature that raises a question whether it ought
to or ought not to form a constituent part of the will, the Court shall require the production of the
document and ascertain whether or not it forms a constituent part of the will and if the document is not
produced, a satisfactory account of why it cannot be produced shall be given.
(2) A document cannot form part of a will unless it is in existence at the time the will was executed.
(3) If there are any traces of sealing wax or wafers or other marks on a will which lead to the
inference that some other document has been at some time annexed or attached to the will,
 (a) a satisfactory account of those traces shall be given,
(b) the document shall be produced, and
(c) if the document cannot be produced a satisfactory account of why it cannot be produced shall
be given.

22. Making copy of a will sworn to

Each will or copy of a will which an executor or an administrator swears to shall be marked by the
executor or administrator and any person before whom the executor or administrator makes the oath as set
out in Forms 31 and 32 respectively in the First Schedule.

23. Examination of person making affidavit

Where evidence is directed or allowed to be given by affidavit, the Court may require the deponent to
personally attend the Court and to be orally examined before the Court in respect of the matter of the
affidavit.

24. Double probate

Where probate, is granted to one of the executors named in the will, the Court may make the same
grant to another executor named in the will, and the grant shall be as set out in Form 33 in the First
Schedule.

25. Proof of will in common form

Where a will appears regular on the face of it and there is no dispute as to its validity, the application
for probate may be sufficiently supported by an affidavit deposing to the due execution and attestation of
the will and by other documents or papers that the Court may require.

26. Proof of will in solemn form

(1) Where for any reason the executors of a will are in doubt as to the validity of the will or the
validity of the will is disputed, the executors may if they consider it necessary to do so, prove the will in
solemn form in an action commenced by writ asking the Court to pronounce the will valid.
(2) A person who claims to have an interest in the estate of a deceased person may by notice in
writing request the executors named in the will of the deceased to prove the will in solemn form.
(3) The notice under subrule (2) shall state
(a) the name, address and description of the person filing the notice;
(b) the interest the person has in the estate of the deceased; and
(c) the specific grounds on which the validity of the will is disputed.
(4) The notice shall be
(a) signed by the person who desires proof in solemn form or by the person’s lawyer;
(b) filed in the registry; and
(c) served on all executors named in the will and beneficiaries under the will.
(5) Where a notice is served on an executor under subrule (4), the executor shall not later than eight
days after the service, file in the registry an answer to the notice stating the intention of the executor
either to prove the will in solemn form or to renounce probate and the Registrar shall on receiving the
answer serve the person who filed the notice with a copy of the answer.
(6) If an executor who is served with the notice under this rule declares an intention to renounce
probate or fails to file an answer as required under subrule (5),
(a) the right of the executor to executorship shall wholly cease and the representation of the
testator and the administration of the estate may be effected as if the executor had never been
appointed; and
(b) in the case where the executor defaults in filing an answer and shows good cause for failing
to file the answer, the Court may extend the time within which the answer shall be filed by
the executor.
(7) An extension of time given under subrule (6) (b) shall be upon terms, if any, that the Court sees fit
to impose.

27. Issue of writ to have will pronounced valid

(1) An executor who files an answer under rule 26 (5) and states in that answer the executor’s
intention to prove the will, shall not later than eight days after filing the answer, issue a writ claiming that
the will must be pronounced valid and admitted to probate.
(2) If the executor fails to issue a writ within the time specified in subrule (1), the person who issues
the notice may apply to the Court for an order terminating the right of the executor to the executorship,
and the Court may either make that order or extend the time within which the executor must issue a writ
on terms, if any, that the Court considers just.
(3) A writ issued under subrule (1) shall join as a defendant the person who issued the notice calling
on the executor to prove the will in solemn form and the Court may either of its own motion or on
application, join as plaintiff or defendant any person who claims or appears to have an interest in the
estate of the deceased.
(4) Where the executor who is required to file an answer under rule 26 (5)
(a) renounces probate,
(b) fails to file an answer after having been served with the relevant notice, or
(c) fails to issue a writ after having filed an answer and the Court makes an order under subrule
(2) for the termination of executorship,
any person named as beneficiary in the will may issue a writ to establish the validity of the will and for
grant of letters of administration with the will annexed.
(5) In an action brought under subrule (4) the person who files and serves a notice on the executor
shall be joined as a defendant but the Court may either on application or of its own motion, order any
person who claims or appears to have an interest in the estate to be joined as plaintiff or defendant.

28. Action to declare will valid

(1) A person who claims to have an interest in the estate of a deceased testator, may issue a writ
against the executor for a declaration that the will is invalid, instead of issuing a notice to the executor to
prove the will under rule 26 (2).
 (2) In an action brought by an interested party under subrule (1), the Court may join any person who
claims or appears to have an interest in the estate of the deceased as plaintiff or as defendant.

29. Action to revoke grant of probate or letters of administration

(1) Where grant of probate or letters of administration has been made, any person who seeks to have
the grant revoked by the Court may issue a writ to seek that relief.
(2) In any action brought under rules 25 to 29, rules 32 to 43 of this order shall apply.

Administration without Will Annexed

30. General procedure for administration

(1) The Court in granting letters of administration shall proceed as far as is appropriate as in the case
of probate.
(2) Where administration is applied for by one or more persons with priority or equal interest, the
Court shall require proof that notice of the application has been given to the other person with prior or
equal interest.

31 Bond forms
(1) The person to whom administration is granted shall execute a bond as set out in Form 34 or 35 in
the First Schedule, with two or more sureties as set out in Form 35 (A) in the First Schedule, to the
Registrar for the collection, entrance on and administration of the property of the deceased.
(2) The bond shall be an amount equal to double the value of the property of the deceased as sworn to,
unless the Court considers it just to reduce the amount.
(3) The Court may in any case direct that more than one bond as the Court considers reasonable and
just be executed.
(4) If administration is granted to the Administrator-General or if the Administrator-General is
appointed to act in any capacity, the Administrator-General shall not be required to execute the bond or
give security but is subject to the same liabilities and duties as if the bond has been executed or security
has been given.
(5) Where it is subsequently discovered that the deceased died possessed of property which was not
included in the grant or in the original affidavit, a corrective affidavit as set out in Form 36 in the First
Schedule and which gives full particulars shall be given to the Registrar of the Court.
(6) Where the bond already given is not sufficient to cover the whole estate including the increased
amount, a further bond shall be given in a sum sufficient to meet the deficiency.
(7) The penalty in the bond shall be double the value of the additional property and the word
“intended” which comes before the word “administrator” in Form 35(A) in the First Schedule shall be
omitted.
(8) Where the Registrar, is satisfied that an undertaking in the bond has been broken, the Registrar
may assign the bond as set out in Form 37 in the First Schedule to another person, and that person may
(a) sue on the bond in that person’s own name as if it had originally been given to that person
instead of the Registrar, and
 (b) recover on the bond as a trustee for all persons interested, the full amount recoverable in
respect of breach of the undertaking in the bond.

Contentions Probate Matters

32. Meaning of contentious probate matters

For the purpose of contentious probate matters as provided for under this Order, a probate action
means an action for
(a) the grant of probate of the will or letters of administration of the estate of a deceased person;
(b) the revocation of the grant of probate or letters of administration; or
(c) a judgement or order that pronounces the validity or otherwise of an alleged will.

33. Commencement of probate action

(1) A probate action shall be commenced by writ.
(2) The title to the writ shall contain an indication of the capacity in which the plaintiff is suing.
(3) The writ must be endorsed with a statement of the nature of the relief claimed by the plaintiff
(3) Where the probate or letters of administration has not been lodged in the registry of the Court, a
writ for the revocation of grant of probate or letters of administration of the estate of a deceased person
shall not be issued out unless notice is given under rule 37.
(4) Where the Court grants leave under this rule, it may give direction as regards the service of
pleadings, filing of affidavit or of testamentary scripts and other matters that the Court considers
necessary.

34. Intervention
(1) A person who is not already a party to a probate action may apply to the Court for leave to
intervene in the action.
(2) The application shall be supported by an affidavit which shows the interest of the applicant in the
estate of the deceased and shall be served on all the existing parties.
(3) Where the Court grants leave under this rule, it may give direction as regards the service of
pleadings, filing of affidavits or of testamentary scripts and other matters that the Court considers
necessary.

35. Notice to an interested person

(1) On the application of the plaintiff or of any person who intervenes in a probate action, a notice as
set out in Form 38 in the First Schedule may be issued against a person who is not already a party to the
action but who has an interest adverse to the applicant.
(2) The notice shall inform the person with the adverse interest that judgment may be given without
further notice if that person does not enter appearance in the action
(3) A notice under this rule shall be issued out of the registry and shall be accompanied by an affidavit
sworn by the applicant, specifying the alleged adverse interest of the person on whom it is served.
 (4) A notice is issued when it is sealed by the Registrar.
(5) A notice issued under this rule shall be served personally unless in a particular case the Court
considers it necessary to order some other mode of service.

36. Entry of appearance

(1) A person authorised to intervene under rule 34 or on whom a notice has been served under rule 35
shall enter appearance
(a) within the time specified in the order authorising that person to intervene, or
(b) if the appearance is not limited, within eight days from the date of the making of the order or
service of the notice.

37. Notice to bring in grant

(1) Where an action is brought for the revocation of a grant of probate or letters of administration, the
plaintiff shall serve notice on the person to whom the probate or letters of administration is granted
requiring that person to bring and leave at the registry of the Court the probate or letters of administration.
(2) A person on whom a notice is served under subrule (1) shall comply with the notice within four
days from the date of service of the notice.
(3) Where a person served with a notice under subrule (1) does not comply with the notice within the
time specified, the plaintiff may apply to the Court for an order directing that the probate or letters of
administration be brought and left at the registry of the Court within a time that the Court may specify.

38. Affidavit of testamentary script

(1) In this rule a testamentary script means
(a) a will or draft of a will,
(b) written instructions for a will made by or at the request or under instructions of the testator,
and
(c) any document which purports to be evidence of the contents or to be a copy of a will which
is alleged to have been lost or destroyed.

(2) The plaintiff and every defendant who has entered an appearance in a probate action shall depose
to an affidavit as set out in Form 39 in the First Schedule.
(3) The affidavit shall
(a) describe any testamentary script of the deceased person whose estate is the subject of the
action, of which the deponent has any knowledge, or
(b) state that the deponent does not know of any testamentary script; and
(c) if a testamentary script is not in the possession of the deponent or the deponent does not
know under whose control the script is, state that the deponent does not know the name or
address of any such person.
(4) Any testamentary script in the possession or under the control of the deponent shall be annexed to
the affidavit.
 (5) An affidavit required by this rule, together with any annexed testamentary script shall be filed
(a) within fourteen days after entry of appearance by a defendant to the action, or
(b) if the defendant enters appearance and the Court does not otherwise direct, before the action
is set down for trial.
(6) Except with the leave of the Court, a party to a probate action shall not, be allowed to inspect
(a) an affidavit filed under this rule by any other party to the action, or
(b) any testamentary script annexed to the affidavit
unless an affidavit sworn by that party containing the information required under subrule (3) has been
filed.

39. Default of appearance

(1) A judgement in default of appearance shall not be entered in a probate action.
(2) A defendant who is served with a writ and a statement of claim and who enters an appearance
shall file a statement of defence not later than fourteen days after the service of the writ.
(3) Where the plaintiff sets down the action for trial under subrule (2), the plaintiff shall depose to an
affidavit of testamentary script as required by rule 38 (2).

40. Pleadings
(1) A writ in a probate action shall be accompanied by a statement of claim which shall be served on
the defendant in the action and on any person who intervenes.
(2) A defendant who is served with a writ and statement of claim and who enters an appearance shall
file a statement of defence not later than fourteen days after the service of the writ.
(3) Where the plaintiff in a probate action disputes the interest of a defendant, the plaintiff shall state
this fact in the plaintiff’s statement of claim.
(4) In a probate action in which the interest by which a party claims to be entitled to a grant of letters
of administration is disputed, the party who disputes that interest shall show in that party’s pleading that if
the allegations made in it are proved, that party would be entitled to an interest in the estate.
(5) A party who pleads that at the time when a will which is the subject of the action is alleged to have
been executed, the testator did not know and approve of its contents shall specify the nature of the case on
which the party intends to rely.
(6) A party referred to in subrule (5) shall specifically plead the following matters if the party intends
to rely on any of them:
(a) that the will was not duly executed; or
(b) that at the time of the execution of the will, the testator was not of sound mind, memory and
understanding; or
(c) that the will was a forgery; or
(d) that the execution of the will was obtained by undue influence or fraud.

41. Counterclaim
 A defendant in a probate action who alleges or claims to be entitled to any relief or remedy in respect
of a matter relating to the grant of probate or letters of administration, shall add to the defence a
counterclaim in respect of the claim, relief or remedy.

42. Default of pleading

(1) Judgement shall not be given in default of pleading in a probate action.
(2) Where a party to a probate action fails to file a pleading which the party is required by this Order
to file, then unless the Court strikes out the action, the other party may, after the expiration of the period
fixed under this Order for the filing of that pleading, apply to the Court for leave to set down the action
for trial.

43. Discontinuance
(1) A probate action shall not be discontinued except by leave of the Court.
(2) At any stage of the proceedings in a probate action, the Court, on the application of the plaintiff or
of any party to the action, may order that
(a) the action be discontinued on terms as to costs or otherwise that the Court thinks just, and
(b) a grant of probate or letters of administration in respect of the estate which is the subject
matter of the action be made to the person entitled to it.

Administration and Similar Actions

44. Interpretation of Administration

(1) An action may be brought for determination of any question or relief which can be determined or
granted in any administration action even if the question or relief does not involve
(a) a claim for administration of the estate under the direction of the Court, or
(b) an execution under the direction of the Court of a trust in connection with which the question
arises or the relief is sought.
(2) Without limiting the effect of subrule (1), an action may be brought for the determination of any
of the following:
(a) a question that arises in the administration of the estate of a deceased person or in the
execution of a trust; or
(b) a question on the composition of a class of persons who have a claim against the estate of a
deceased person or a beneficial interest in the estate of the deceased or in any property
subject to a trust; or
(c) a question as to the right or interest of a person who claims to be a creditor of the estate of a
deceased person or to be entitled to a right or interest under a will or on an intestacy of a
deceased person or beneficiary under a trust.
(3) Without limiting the effect of subrule (1), an action may be brought for any of the following
reliefs:
(a) an order which requires an executor or administrator to furnish and if necessary, verify
accounts; or
 (b) an order which requires the payment into court of money held by a person in trust in that
person’s capacity as executor, administrator or trustee; or
(c) an order which directs a person to do or abstain from doing a particular act in that person’s
capacity as executor, administrator or trustee; or
(d) an order which approves a sale, purchase, compromise or other transaction by a person in the
person’s capacity as executor, administrator or trustee; or
(e) an order which directs any act to be done in the administration of the estate of a deceased
person or in the execution of a trust which the Court could order to be done if the estate or
trust were being administered or executed under the direction of the Court.

45. Directions by the Court in administration action

(1) Where in an administration action the Court makes an order for the full administration of the
estate of a deceased person or for the execution of a trust, the Court shall give directions as to the manner
in which the estate shall be administered or the trust executed.
(2) The Order may expressly stipulate that an account or inquiry which is not immediately and
manifestly required shall not be taken or made without leave.
(3) The Court may stay proceedings under this rule if in its opinion it is not necessary for proceedings
to take their full course and may make consequential orders which it thinks fit.

46. Parties
(1) The executors or administrators of the estate or the trustee of a trust to which an action in rule 44
relates shall be parties to the action, and where the action is brought by the executors, administrators or
trustees, any of them who does not consent to being joined as a plaintiff shall be made a defendant.
(2) A person who has a bénéficiai interest in or a claim against the estate or has a beneficial interest
under a trust to which an action mentioned in rule 44 relates need not be a party to the action, but the
plaintiff may make any such person that the plaintiff thinks fit a party, having regard to the nature of the
relief claimed in the action.
(3) Where in proceedings under a judgment or order given or made in an action for administration a
claim in respect of a debt or other liability is made against the estate by a person who is a party to the
action,
(a) a person who is not an executor or an administrator of the estate is not entitled to appear as a
party in relation to the claim without leave of the Court, and
(b) the Court may direct or allow any other party to appear either in addition to or in substitution
for the executors or administrators on terms as to costs or otherwise that the Court considers
fit.

Limited and Special Grants

47. Lost, damaged or unobtainable wills

(1) Where an original will or codicil is lost, destroyed or damaged, an application may be made to the
Court for an order to admit the will to proof as contained in a copy, draft or any other admissible means,
of proof.
 (2) In making an order under subrule (1), the Court may grant probate until the original will or codicil
or a more authentic copy is found and proved.
(3) Where a will cannot be obtained within the jurisdiction because it is in the custody of a foreign
Court, or official or a person resident abroad, a duly authenticated copy may be admitted to probate either
without limitation or until the original is produced and admitted to probate.

48. Grant to person with power of attorney

(1) Where a person entitled to a grant of letters of administration is resident outside the country, the
grant may be made to the attorney of that person as set out in Form 40 in the First Schedule for that
person’s use and benefit until the person obtains a grant.
(2) Where the person entitled to a grant is an executor, a grant of administration with the will annexed
may be made to the attorney of the executor for the use and benefit of the executor until the executor
applies for and obtains probate but a grant shall not be made to the attorney unless notice is given to other
executors.
(3) The notice shall be left at the last known address of the executor who is to be served or sent to that
address by registered post.
(4) A power of attorney under subrule (2) shall be as set out in Form 41 in the First Schedule and shall
be executed before a notary public and deposited in the registry of the Court.
(5) A certified English translation of the power of attorney shall be attached to the power of attorney
if it is in a language other than English.
(6) The affidavit in support of the attorney’s application for the grant shall be accompanied by an
office copy of the power of attorney deposited in the court under subrule (4).

49. Grant for the use of minors

(1) Where a person entitled to a grant of probate or letters of administration is a child under the age of
eighteen years, a grant shall not be made to the child but to the child’s guardian for the child’s use and
benefit until the child attains full age.
(2) An application by a guardian for a grant for the use and benefit of a child shall be supported by an
affidavit, as set out in Form 42 in the First Schedule, and the affidavit shall
(a) depose to the fact that the person entitled to the grant is under the age of eighteen years, and
(b) contain particulars of the estate.
(3) Where a sole executor is a child, the guardian of that child may be granted administration with
will annexed until the child attains full age after which a grant of probate may be made to the sole
executor.
(4) The Court may make a grant to another person, rather than make a grant to a minor’s guardian.
(5) Where one of several executors is a child, probate may be granted to one of the other executors but
the right of the child to a grant shall be reserved until the child attains full age.
(6) The right of an executor who is a child to probate when that child attains the age of eighteen years
shall not be renounced by another person on the child’s behalf.

50. Persons to whom grants may be made as guardians of children

 The persons to whom grants may be made as guardians for the use and benefit of a child are:
(a) the child’s parents including adopted parents jointly, or
(b) a guardian appointed by one of the parents to be the testamentary guardian to act jointly with
the surviving parent, or
(c) a guardian determined by the Court on application by the surviving parent or testamentary
guardian where the surviving parent objects to the testamentary guardian or the testamentary
guardian considers the surviving parent unfit, or
(d) any guardian appointed by a court of competent jurisdiction where
(i) a child has no testamentary guardian; or
(ii) the original guardian dies or refuses to act; or
(iii) the child does not have parents or there are no persons with parental rights in relation
to that child.

51. Disability grants

(1) Where a person who is entitled to a grant is by reason of mental or physical disability unable to
manage that person’s affairs, a grant may be made for that person’s use and benefit during the period of
the disability as provided in subrule 4.
(2) The Court shall not grant probate under subrule (1) unless there is no person entitled in the same
degree as the person with disability or the Court determines otherwise.
(3) Where one of several executors is under mental or physical disability the court may grant probate
to the others.
(4) The court may grant probate under subrule (1) or (3)
(a) to a person entitled to the residuary estate or probate, or
(b) on intestacy, to any person the Court considers fit, where the person has an interest in the
estate.
(5) Before a grant is made under subrule (1) or (3), medical evidence of incapacity shall be produced
to the satisfaction of the Court.

52. Incapacity after grant

Where a person to whom a grant has been made becomes incapable after the grant, the grant shall be
revoked and a new grant made on the application of
(a) any person interested in the estate, or
(b) any other person that the Court considers fit.

53. Grant in respect of person serving prison sentence

(1) A grant shall not be made to a person serving a sentence of imprisonment but where a person
entitled to a grant is serving a sentence of imprisonment a grant may be made to that person’s attorney for
that person’s use and benefit or the Court may appoint another person as administrator in place of the
prisoner.
 (2) Where a person to whom a grant has been made is sentenced to a term of imprisonment the grant
shall be revoked and the Court may make a grant to that person’s attorney or to another person as
provided in subrule (1).

54. Grant limited by the terms of the will

(1) Where a testator appoints one person as a general executor and another person for a special
purpose both may apply for probate.
(2) If the application for probate is made by both executors at the same time, one grant shall be made
but the powers of the executors shall be distinguished.
(3) If an application is first made by one of the executors, a grant may be made to that executor with
the right of the other executor reserved.

55. Limited by absence

Where a personal representative to whom a grant of probate has been made, resides outside the
country, the Court may on the application of a creditor or person interested in the estate of the deceased,
make a limited grant until the absent representative returns to the jurisdiction.

56. Grant for the preservation of the estate

(1) The Court on an application for preservation of the estate of a deceased person may make a grant
before those entitled to a grant of probate apply.
(2) The application may be made ex parte by a creditor or a person who has an interest in the estate of
the deceased.
(3) A grant made under this rule is limited only to the collection and receipt of property that forms
part of the estate and the doing of acts that are necessary for the preservation of the property and until a
grant is made to the person entitled.
(4) The Court may make a grant under this rule to the Administrator-General on an application by the
Administrator-General.

57. Administration pendente lite

(1) After a probate action has commenced, an application may be made to the Court to grant
administration pendente lite in accordance with section 80 of the Administration of Estates Act, 1961 (Act
63)
(2) An application under subrule (1) may be made by one of the parties to the suit or by any person
interested in the estate.
(3) The parties may agree on the person to be appointed administrator pendente lite, otherwise the
Court shall appoint a person that it considers fit
(4) If a person who is appointed administrator pendente lite is connected with the suit, the consent of
the parties to the suit shall be sought unless the Court decides otherwise.
(5) A person appointed administrator pendente lite shall submit to the Court
(a) accounts as set out in Forms 43 and 44 in the First Schedule, for those accounts to be passed
at intervals that the Court directs, and
 (b) in any case, an account at the end of each year of administration and on being discharged.
(6) The account to be submitted under subrule (5) shall consist of an inventory of assets in the hands
of the administrator pendente lite and a cash account which shall be verified by affidavit and lodged in the
registry of the Court.
(7) An administrator pendente lite is entitled to reasonable remuneration that the Court thinks fit and
the remuneration shall be fixed on the taking of accounts.
(8) An administrator pendente lite shall give security in a manner directed by the Court.
(9) The Court, in fixing remuneration under subrule (8), shall take into account the duration and
complexity of the administration, the professional skill, business knowledge or other qualification of the
administrator pendente lite and the total work done by the administrator pendente lite.

58. Special grant in respect of unadministered assets (de-bonis non)

(1) Where alllhe persons to whom a grant of probate has been made have died without completing
administration and the chain of representation has been broken, a grant with the will annexed shall be
made in respect of the unadministrered assets (de-bonis non) to those entitled.
(2) Where all the persons to whom a grant of letters of administration has been made have died
without completing the administration, the Court shall make a grant in respect of the unadministered
assets (de-bonis non) to those entitled.
(3) The grant shall be as set out in Form 45 in the First Schedule.

59. Second grants

Where a limited grant is made to one person for the use and benefit of another and that person dies
before completing administration, or where the original grant is limited in time or until the happening of
an event and the time expires or the event occurs, the Court shall make a re-grant to the person that is
entitled to the grant.

ORDER 32
Matrimonial Applications

1. Jurisdiction
(1) The Court in the exercise of its matrimonial jurisdiction under section 47 (l) (f) of the Courts Act,
1993 (Act 459) as amended may deal with
(a) divorce,
(b) paternity,
(c) custody of children, and
(d) other matrimonial causes
(2) The Court sitting as a Family Tribunal has jurisdiction under section 47(2) of Act 459 as amended
and section 35 of the Children’s Act, 1998 (Act 560) to entertain matters of
(a) Parentage,
(b) Custody,
 (c) Access, and
(d) Maintenance.
(3) The Court sitting as a Family Tribunal has jurisdiction under section 65 of Act 560 to entertain an
application for adoption.

2. Process
(1) Proceedings for divorce, maintenance, child custody and paternity shall be commenced by filing
the appropriate form as stated in these Rules or specified in the Second Schedule to these rules.
(2) A defendant who wishes to be heard in any one of these causes shall also file the appropriate form
within fourteen days from the date of service of the plaintiff’s form.
(3) The proceeding in the Family Tribunal shall be conducted in chambers but these Rules shall
generally be applied.
(4) Proceedings for adoption may be commenced by using the appropriate forms as set out in the
Adoption Rules, 2003 (C.I. 42)
(5) Every form shall be accompanied by an affidavit sworn to by the plaintiff verifying the facts stated
in the form.
(6) The affidavit shall state that to the best of the knowledge and belief of the plaintiff the facts stated
in the forms are true.

3. Procedure Generally
Subject to these Rules the procedure in divorce and other causes shall be the same as in other actions.

4. Setting down action for trial

(1) The Registrar of the Court shall within fourteen days after the plaintiff’s forms have been served
on the defendant,
(a) set the action down for trial if the defendant has not filed the appropriate form, and
(b) notify the plaintiff of the hearing date.
(2) On the filing of defendant’s form, the Registrar shall set the action down for trial within fourteen
days after the service of the defendant’s form on the plaintiff and notify the parties of the hearing date.

5. Orders
(1) At the end of the hearing the Court may generally make the order prayed for by either party but it
may make any order necessary for doing justice whether the order has been asked for by the person
entitled to the benefit of the order or not.
(2) Despite subrule (1), the Court shall have regard to the relevant provisions contained in the
Children’s Act, 1998 (Act 560) before making any order.

6. Enforcement of custody, access and maintenance Orders

(1) A person who has been ordered to give custody or access to another and who wilfully refuses to
comply with the order may be cited for contempt in the High Court.
 (2) Where the Court has ordered a periodic maintenance or lump sum payment for the maintenance of
a child, the Court may, under section 51 (2) of Act 560, order that the earnings or the property of the
person liable be attached.

First Schedule
GENERAL PROCEDURES FORMS

DISTRICT COURT

FORM 1
IN THE COURT OF APPEAL
Writ of Summons
[Order 2, rule 3 (6)]

IN THE DISTRICT MAGISTRATE COURT

SUIT NO. ………………

BETWEEN
..........................................................................
(Name of plaintiff)
PLAINTIFF
..........................................................................
(Residential address of plaintiff)
AND
..........................................................................
(Name of defendant)
DEFENDANT
..........................................................................
(Residential address of defendant)
Particulars of claim
Relief(s) sought
The plaintiff claims the following relief(s)
1. ......................................................................
2. ......................................................................
3. ......................................................................
4. ......................................................................
5. ......................................................................
Summary of subject matter of claim
................................................................................................................................ ........................
................................................................................................................................ ........................
................................................................................................................................ ........................
................................................................................................................................ ........................

Signature/mark of plaintiff
Issued at ……………… (District Court) this ……………… day of ………………
20………………
..........................................................................
SEAL OF THE CHIEF JUSTICE OF
GHANA

FORM 2
HEARING NOTICE TO PARTIES
[Order 2, rule 3 (13)]

IN THE DISTRICT MAGISTRATE COURT

TAKE NOTICE that the above suit has been set down for hearing on ……………… day of
……………… 20……………… when it will come on for hearing.
TAKE NOTICE that in default of you appearing on the said date the Court will proceed to
hear the action and pronounce judgement despite your absence.
dated the ……………… day of ………………, 20………………
………………………………
REGISTRAR

FORM 2A
HEARING NOTICE
[Order 2 rule 3 (13)]

IN THE DISTRICT MAGISTRATE COURT

General Title
To A.B., plaintiff.
This cause will come on for hearing on the ……………… day of ………………,
20……………… unless service of the writ of summons is not effected.
 You can ascertain at the office of the Court whether the writ of summons has been served.
If this cause is not disposed of before the rising of the Court on the above-mentioned day and
is not specifically adjourned by the Court it will stand adjourned from day to day.
You are required to bring forward at the hearing all the evidence by witnesses or documents
which you desire to rely on in support of your own case and in contradiction of that of the other
side.
If you desire to enforce the attendance of witnesses you should apply at once to the Court to
issue witness summons for their attendance. If any witness is required to bring books or papers
they must be particularised in the summons sufficiently to enable him to understand what is
meant.
A party who summons a witness through the Court is liable to pay the witness a reasonable
sum of money, to be fixed by the Court, for expenses and loss of time.
If you desire to use in evidence at the hearing any book or document in the possession or
power of the other side you must give the other side reasonable notice in writing to produce it at
the hearing, and if you fail to give the notice, you will not be allowed to give secondary
evidence of the contents of the book or document.
The offices of the Court are open between the following hours: 8 a.m. to 4 p.m. All offices are
closed on Saturday, Sunday and on public holidays unless otherwise directed by the Chief
Justice.

FORM 3
Affidavit of service
[Order 4, rule 4 (2)]

IN THE DISTRICT MAGISTRATE COURT

I, ………………, of ………………, make oath and say:

That on the ……………… day of ………………, 20 ………………, at ………………, I
served on C.D. a (summons), a true copy which is annexed, issued out of this Court at
………………, on the complaint of A.B., by delivering it personally to C.D. at ………………
Sworn etc.:
………………………………
Signature of Registrar

FORM 4
Certificate of service by Bailiff
[Order 4, rule 6 (2)]
 IN THE DISTRICT MAGISTRATE COURT

On the day ……………… of ………………, 20 ………………, this summons was served

by me on ……………… defendant. This I did by serving a copy of the above summons (and
the particulars of claim) on the said defendant personally at ………………
(Bailiff)
If you intend to set up any claim or right against the plaintiff by way of counterclaim or
set-off you must lodge with the Registrar four clear days before the hearing day on the other
side stated, a notice containing a concise statement of the grounds of the counterclaim or set-off
with as many duplicates of the notice as there are plaintiffs.
This cause will come on for hearing on the hearing day on the other side stated. If this cause
is not disposed of before the rising of the Court on the stated hearing day and is not specifically
adjourned by the Court it will stand adjourned from day to day.
You are required to bring forward at the hearing all the evidence by witnesses or documents
which you desire to rely on in support of your own case and in contradiction of the case of the
other side.
If you desire to enforce the attendance of witnesses you should apply at once to the Court to
issue witness summons for their attendance. If any witness is required to bring books or papers
they must be particularised in the summons sufficiently to enable that witness to understand
what is meant.
A party who summons a witness through the Court is liable to pay the witness a reasonable
sum of money to be fixed by the Rules of Court Committee for expenses and loss of time.
If you desire to use in evidence at the hearing any book or document in the possession or
power of the other side you must give the other side reasonable notice in writing to produce it
at the hearing.
The offices of the Court are open on the following days between the following hours:
Monday to Friday from 8 a.m. to 4 p.m. All offices are closed on Saturday, Sunday and on
public holidays, unless otherwise directed by the Chief Justice.

FORM 5
Affidavit in support (Undefended Suits)
[Order 8, rule 1 (2)]

SUIT NO. ………………

IN THE DISTRICT MAGISTRATE COURT

..........................................................................
(Name of plaintiff)
PLAINTIFF
..........................................................................
(Residential address of plaintiff)
AND
..........................................................................
(Name of defendant) DEFENDANT
..........................................................................
(Residential address of defendant)
AFFIDAVIT OF PLAINTIFF/APPLICANT
I ……………… (name of plaintiff/applicant) apply to place
this suit on the Undefended List based on the claim I make against the defendant.
The claim is for the following: ………………
The debt arose as a result of (narrate the transaction as briefly as possible) ………………
I believe the defendant has no defence to this claim so I pray that the suit be entered on the
Undefended List.
Wherefore I swear to this affidavit in support.
………………
(Signature/mark of plaintiff/applicant/deponent)
Sworn at ……………… this ……………… the ……………… day of ………………,
20………………
Before me ………………………………
Signed ………………………………
C.D. ………………………………
O.P. ………………………………
Q.R. ………………………………

FORM 6
Affidavit on application for security
[Order 12, rule 1 (1) ]

IN THE DISTRICT MAGISTRATE COURT

(General title)
I, A.B., of ……………… the above-named plaintiff, make oath, and say as follows:
C.D., the above named defendant, is justly and truly indebted to me in ……………… Cedis
……………… [state grounds of action.]
I have caused a writ of summons to be issued out of this Court against the said defendant.
 The defendant is about to leave this country and if the defendant is not immediately
apprehended, as appears from the following circumstances ……………… [state the
circumstances from which the defendant’s intention to abscond is inferred]; or
With intent to obstruct or delay execution of any decree that may be passed against the
defendant in the said action the defendant has disposed of [or removed] all or substantial part of
the defendant’s property as follows:
................................................................................................................................ ..........................
................................................................................................................................ ..........................
[State particulars respecting the property removed or disposed of, and the manner of disposal]
………………………………
(Signature of party)
Sworn at ……………… the ……………… day of ………………, 20………………, before
me ………………
………………………………
(Signature of registrar)

FORM 7
Warrant to arrest absconding defendant
[Order 12 rule 1 (2)]

IN THE DISTRICT MAGISTRATE COURT

(General Title)
To the Sheriff. ................................................................................................................................
You are hereby commanded to arrest C.D. of ………………, the above-named defendant,
and to bring that defendant before the Court immediately after the execution of this writ, for the
defendant to show cause why the defendant may not be ordered to provide bail or security for
any judgment that may be entered against defendant.
C.D. shall be released from custody upon the expiration of 21 days from the date of arrest.
Dated at ……………… this ……………… day of ………………,20………………
………………………………
(Signature of Judicial Officer)

FORM 8
Bail bond by defendant
 [Order 12, rule2 (2)]

IN THE DISTRICT MAGISTRATE COURT

(General title)
Notice is given that we C.D ……………… [the defendant arrested], of O.P, of ………………
and Q.R., of ………………, have bound ourselves to A.B. of ………………, in the sum of
……………… Cedis to be paid to the A.B., the executors administrators, or assigns of A.B.,
for which payment we bind ourselves jointly and severally.
Dated the ……………… day of ……………… in the year of our Lord 20………………
Signed.
C.D...................................................................
O.P ....................................................................
Q.R. ..................................................................

FORM 8 (A)
Bail bond by defendant
[Order 12 rule 2(2)]

IN THE DISTRICT MAGISTRATE COURT

(General title)
An action has been brought in the Court at ……………… in which A.B. is plaintiff and
C.D. is defendant; and C.D. has been ordered to give bail to the Court for the satisfaction of
any judgment that may be entered against C.D. with costs.
And the above-named O.P. and Q.R., at the request of C.D. have agreed to enter into this
obligation. The condition of this obligation is that if judgment is entered against C.D., O.P. and
Q.R. jointly and severally shall pay to A.B. or the executors, administrators or assigns of A.B.
any sum of money that may be adjudged against C.D. in the action with costs and after that this
obligation ceases.

FORM 9
Warrant for discharge from prison
[Order 12 rule 5(4)]

IN THE DISTRICT MAGISTRATE COURT

Between
A.B. , Plaintiff (or Complainant)
 and
C.D. Defendant
To the Keeper of the Prison at ........................................................................................................
Whereas C.D. was committed to your custody under a warrant dated ……………… in which
it was recited that the C.D. was ……………… [state substantive ground of the commitment].
This is to command you to discharge C.D. unless C.D. is in your custody for some other
cause.
Dated at ……………… this ……………… day of ………………, 20………………
………………………………
Signature of registrar

FORM 10
Notice of payment of money paid into Court
[Order 17, rule 1 (3)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
TAKE NOTICE that ……………… has made payment of the sum of ………………
The said ……………… is in satisfaction of ……………… [state cause of action]
OR
The sum of ……………… is in satisfaction of the following causes of action in respect of
which the plaintiff claims:
................................................................................................................................ ........................
................................................................................................................................ ........................
OR
................................................................................................................................ ........................
The said ……………… is enough to satisfy the plaintiff’s claim for ……………… and the
other part of the sum is enough to satisfy the plaintiff’s claim for ………………

Dated at ……………… the ……………… day of ………………

Signed ………………………………
Dated at ……………… the ……………… day of ………………
………………………………
Signed
Defendant/Defendant’s
Lawyer
To the Registrar
District Magistrate Court
And to: ................................................................................................................................ ..........

FORM 10 (A)
Notice of acceptance of money paid into Court
[Order 17, rule 1(3)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
TAKE NOTICE that ……………… accepts payments of the sum of ……………… into
court.
The said sum of ……………… is in satisfaction of ……………… [state cause of action]
OR
The sum ……………… is in satisfaction of the following causes of action in: respect of
which the plaintiff claims: ………………
OR
The said sum of ……………… is enough to satisfy the plaintiff’s claim for ………………
and the other part of the sum is enough to satisfy the plaintiff’s claim for ………………
Dated at ……………… the ……………… day of ………………
Signed ………………………………
Plaintiff or Plaintiff’s lawyer
The Registrar
District Magistrate Court
And to: ………………

FORM 11
Fi. Fa Order
[Order 21, rule 3 (l) (a)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
To the Sheriff
 You are commanded to seize and sell the moveable property of C.D. [judgement debtor]
within the jurisdiction of the Court if the property is sufficient, and if not, then the movable and
immovable property of C.D. and to use the proceeds of the sale to satisfy the judgment debt in
the sum of ……………… as stated in the formal decree plus interest in the above action.
And you are further commanded to give a report of the execution to the Court soon after the
execution.
Dated at ……………… the day of ………………, 20 ………………
………………………………
(Signature of Registrar)
The Registrar
District Magistrate Court

FORM 12
Writ of Possession
[Order 21, rule 4 (2)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
To the Registrar of ………………, It is
adjudged [or ordered] that ……………… [insert name of party requesting] do give
……………… [insert name of party against whom writ is issued] possession of ………………
[describe the land delivery of which has been adjudged or ordered] within your jurisdiction.
YOU ARE COMMANDED to enter the said land and cause ……………… [insert name of
party requesting writ] ……………… to have possession of it ………………
And you are also commanded to endorse on this writ immediately after it’s execution, a
statement of the manner in which you have executed it and send a copy of the statement to
……………… [insert name of party requesting writ].
………………………………
(Signature of registrar)
The Registrar
District Magistrate Court

FORM 13
Writ of specific delivery
[Order 21 rule 5 (3)]
 IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
To the Sheriff
You are commanded to immediately seize and deliver, or cause to be returned to A.B., the
following chattels: ……………… [here enumerate the chattels for which execution is
ordered], or the assessed value of the goods which C.D. was ordered to deliver to A.B. , in this
action.
State how you have executed this writ to the Court immediately after the execution.
................................................................................................................................ ..........................
................................................................................................................................ ..........................
Dated at ……………… this ……………… day of ………………, 20………………
………………………………
(Signature of Registrar)

FORM 14
Claims by other persons (Interpleader)
[Order 22, rule 10 (2)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
In the matter of G.H., a claimant of property seized under process of the Court in the above
suit.
To A.B., the judgment-creditor.
You are hereby summoned to appear before this Court at ……………… on the
……………… day of ……………… at ……………… o’clock forenoon, to show cause why
certain property seized under the process of the Court, in the above suit should not be released
from attachment.
Issued at ……………… the ……………… day of ………………, 20………………
………………………………
(Signature of Registrar)
The Registrar
District Magistrate Court

FORM 15
 Certificate of purchase
[Order 23, rule 11 (3)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
This is to certify, that A.B. has been declared the purchaser of the right, title, and interest of
C.D. in the property mentioned, which is ………………
All that [description of property] sold in execution of a decree in the above suit by order of
this Court, dated the ……………… day of ………………, 20………………
Dated at ……………… the ……………… day of ………………, 20 ………………
………………………………
(Signature of Registrar)
The Registrar
District Magistrate Court

FORM 16
Garnishee order
[Order 24, rule 5(1)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
In the matter of E.F., Garnishee.
E.F., of ………………, the garnishee, is hereby prohibited from paying to C.D., all moneys
due or accruing from E.F. to C.D. including all bank balances standing to the credit of C.D. in
the books of E.F. and any other personal debts owed by E.F. to C.D. until further order of this
Court.
And E.F. is hereby ordered to attend the Court at ……………… on the ……………… day
of ………………, 20………………, at ……………… o’clock forenoon, to show cause why
E.F. should not pay over to A.B. [the judgment creditor] the sum of ……………… or some
other sum, to answer a judgment recovered in the Court by A.B.
against C.D. on the ……………… day of ………………, 20………………

Dated at ……………… the ……………… day of ………………, 20………………

………………………………
(Signature of Registrar)
The Registrar
District Magistrate Court
 FORM 17
Witness Summons
[Order 26 rule 5(2)]
Between
A.B. , Plaintiff (or Complainant)
and
C.D. Defendant
To ................................................................................................................................ ....................
You are hereby commanded to attend this Court in person at ……………… on the
……………… day of ……………… 20………………
………………………………
(Signature of Registrar)

FORM 18
Request for Witness Summons
[Order 26 rule 5(4)]

IN THE DISTRICT MAGISTRATE COURT

Between
A.B. , Plaintiff (or Complainant)
and
C.D. Defendant
……………… (Name and address of person or lawyer requesting witness summons)
Seal or issue a summons directed to ……………… to give evidence on behalf of the Plaintiff
or Defendant to produce the following documents ………………
Dated at ……………… the ……………… day of ………………
………………………………
Signed
Party or his lawyer
The Registrar
District Magistrate Court
 FORM 19
Formal Decree
[Order 28 rule 4 (2)]

IN THE DISTRICT MAGISTRATE COURT

(Title as in action)
It is decreed in this action that the plaintiff is entitled to recover from the defendant the sum
for costs, and the defendant is hereby ordered to pay the sum of ……………… immediately [or
by the following instalments: ………………]
Dated at ……………… the ……………… day of ………………, 20………………
Debt ………………
Costs ………………
………………………………
(Signature of Judicial Officer)

FORM 20
Order to Produce Paper Purporting to be Testamentary
[Order 31, rule 6 (2)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
The ……………… day of ………………
To ………………, of ……………… A.B.C. has filed an affidavit in this Court that A.B.C.
believes the will of ……………… who died on ……………… is in your possession.
If this belief is true you are hereby commanded to bring this will to the Registrar of this Court
within eight days of this order. If you do not have the will in your possession please file an
affidavit to explain whether the will was once in your possession but it is no longer in your
possession.
If you do not have it in your possession state the person you believe has possession of it.
Failure to bring the will to the Court as ordered above, if the will is in your possession, is a
criminal offence for which you may be prosecuted.
………………………………
Signature of District Magistrate
Magistrate
District Magistrate Court

FORM 21
Renunciation of Probate or Administration with will Annexed
[Order 31, rule 7 (4)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… deceased.
WHEREAS ………………, late of ……………… deceased, died on the ……………… day
of ……………… at ……………… having at the time of death a fixed place of abode at
……………… within the jurisdiction of this Court and made and duly executed his/her last
will, dated the ……………… day of ………………, and appointed ……………… executor
(and residuary legatee in trust or as the case may be).
NOW I, ……………… declare that I have not intermeddled in the movable or immovable
property of the deceased, and will not intermeddle in it with intent to defraud creditors or any
person interested in the administration or distribution of the movable or immovable property of
the deceased; and further I expressly renounce all rights to probate of the will (and codicils, if
any) and to administration with the will (and codicils, if any) annexed, of the movable and
immovable property of the deceased.
In witness, I have set my hand this ……………… day of ………………
Signed and delivered by the above-named ………………
In the presence of ..........................................................................................................................

FORM 22
Declaration of Movable and Immovable Property
of a Testator or an Intestate
[Order 31, rule 9 (4)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
A True Declaration of all movable and immovable property of ……………… late of
……………… (deceased) who died on the ……………… day of ………………, at
……………… and had at the time of death a fixed place of abode at ………………, within the
jurisdiction of this Court, which have since his/her death come to the possession or knowledge
of ……………… made and exhibited on and by virtue of the ……………… of the
……………… of the ……………… as follows ………………
[Details of the deceased’s movable and immovable property in as many sheets of paper do
necessary].
FIRSTLY; We/I declare that the deceased was at the time of his/her death possessed of or
entitled to:
LASTLY; We /I say that no movable or immovable property of the deceased has at any time
since his/her death come to our/my possession or knowledge, except as is stated.
On the day of ……………… We/I were/was duly sworn to (solemnly affirm) the truth of the
declaration as stated in the inventory written above
Before me, ................................................................................................................................ ......
The Registrar
District Magistrate Court

FORM 23
NOTICE TO NEXT-OF-KIN
[Order 31, rule 10 (5)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… deceased.
TO NEXT-OF-KIN (if any) and all other persons claiming an interest in the movable or
immovable property of ……………… late of ……………… who died at ………………
intestate on the ……………… day of ………………
TAKE NOTICE that letters of administration of the movable and immovable property of the
above-named have been applied for by of ……………… claiming to be ……………… of the
deceased and that unless a notice to prohibit the grant is lodged in the Court within
……………… days from the date of this notice, letters of administration will be granted to the
applicant.
Dated at ……………… the ……………… day of ………………
Signature ………………………………
The Registrar
District Magistrate Court
 FORM 24
Caveat
[Order 31, rule 11 (1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… , deceased.
Let nothing be done in the matter of the estate of ………………………………, late of
………………, deceased, who died on the ……………… day of ………………, within the
jurisdiction of this Court, without warning being given to ……………… of ………………
[state address for of service].
Dated at ……………… this ……………… day of ………………
Signed ………………………………
Caveator or caveatrix

FORM 25
Notice of Filing Caveat
[Order 31, rule 11 (5)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
To ……………… of ………………
TAKE NOTICE that a caveat has been entered by ……………… of ……………… against
the issue of probate (or letters of administration, as the case may be) in the above-named matter
and that no further steps will be taken in this matter until ……………… has been duly warned
in accordance with the rules of court.
Dated at ……………… this ……………… day of ………………
………………………………
(Signature of Registrar)
Registrar
District Magistrate Court

FORM 26
 Warning to Caveator
[Order 31, rule 11 (8)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………………………
To ……………………………… of ………………, deceased.
You are warned that within six days after the service of this warning on you inclusive of
the day of service, you are to come into this Court and file an affidavit setting out your interest
in this matter, and in default of your so doing, the Court will proceed to do any act that is
necessary in this matter without further warning to you.
This warning is issued at the instance of ………………, of ………………
Registrar
District Magistrate Court

FORM 27
Notice to Executors or Next-of-Kin to take a Grant
[Order 31, rule 15 (1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………………………, deceased.
To ……………………………… of ……………………………… one of or the executor(s)
named in the last will and testament of ……………… late of ……………… who died on
……………… day of ……………… and who at the time of death had a fixed place of abode
at ………………
TAKE NOTICE that within fourteen days of service on you, you shall in furtherance of
Order 32 rule 7 either apply for a grant of probate or letters of administration or renounce your
right to take out probate or letters of administration.
THIS NOTICE is issued at the instance of ………………, of ……………… as son/daughter/
father/mother, etc., and one of the next-of-kin of the deceased.
Dated at ……………… this ……………… day of ………………
Signed by the within named ……………… (An executor named in the will of ………………
or as next-of-kin of ………………………………(Deceased)
In the presence of: ………………
Signature ………………………………
The Registrar
District Magistrate Court
 FORM 28
Affidavit of Finding and Condition of Will
[Order 31, rule 18 (4)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, (deceased).
I ……………… make oath and say that I am the sole executor [or as the case may be] of the
person named in the paper annexed which purports to be the last will of ………………
(deceased) late of ………………, who died on the ……………… day of ……………… at
………………, and had at death a fixed place of abode at ……………… within the
jurisdiction of this Court, the will bearing the date ……………… day of ………………
beginning thus ……………… ending thus ………………, being signed ………………, and
the ……………… here describe the finding of the will, and the various obliterations, other
matters required to be accounted for, and if possible clearly trace the will from the possession
of the deceased in his/her lifetime up to the time of the making of this affidavit), and I finally
say that the writing is now in all respects in the same condition as when found (or as the case
may be).
Sworn at ……………………………… this ……………… day of ………………
Before me ………………………………
The Registrar
District Magistrate Court

FORM 29
Attestation Clause and Witnesses
[Order 31, rule 18 (5)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… deceased.
I, ………………, of ……………… make oath and say that I am one of the subscribing
witnesses to the last will or codicil, as the case may be, of ……………… late of
………………, (deceased), the will (or codicil) was executed by ………………, (deceased) on
the day of the date, by signing his/her name at the foot or end (or in the testimonium clause, or
in the attestation clause, as the case may be)* and the same now appears in the presence of me
and of ……………… the other subscribed witness both of us being present at the same time,
and we attested and subscribed the will (or codicil) in the presence of the testator.
Sworn at ……………… this ……………… day of ………………
Before me ………………
The Registrar
District Magistrate Court
*If the signature is in the testimonium clause, or attestation clause, insert “intending the same
for his/her final signature of his/her will”.

FORM 30
Affidavit of Handwriting
[Order 31, rule 18 (5)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
I, ……………… of ……………………………… make oath and say that I had known and
was well acquainted with ………………(deceased) late of ………………, who died on the
……………… .day of ……………………………… at ………………………………, for
……………………………… [state here period of knowing the deceased] before his/her death,
and that during that time I had frequently seen him/her write and sign his/her name, whereby I
have become well acquainted with his/ her handwriting and signature, and having now with
care and attention inspected the paper annexed purporting to be the last will of ………………
beginning thus and ending thus ………………, dated the ……………… day of ………………
and signed ………………, I say that I believe the whole body and contents of the will, [as the
case may be] together with the signature of ……………… to be of the hand writing of ,
deceased.
Sworn in ……………… this ……………… day of ………………
Before me ………………
The Registrar
District Magistrate Court

FORM 31
Oath of Executor
[Order 31, rule 22]

IN THE DISTRICT MAGISTRATE COURT

 Heading ................................................................................................................................ ..........
IN the matter of the estate of ……………… (deceased).
I, ……………… of ……………………………… , make oath and say that I believe the paper
annexed, and marked by me, to contain the true and original last will (or last will with
codicils)of ……………… (deceased), late of ……………… and that I am the sole executor
(or one of the executors) named (or executor according to the tenor, executor during life,
executrix during widowhood, or as the case may be), and by paying his/her just debts, and the
legacies given by his/her will (or will and codicils), so far as movable and immovable property
shall extend and the law bind me; that I will exhibit an inventory, and render an account of my
executorship, whenever lawfully required; that the testator died at ……………… on the
……………… day of ……………… that at the time of death, he/she had a fixed place of
abode at ……………… within the jurisdiction of this Court, and that the whole of his/her
movable and immovable property does not amount in value to the sum of ………………
Ghana Cedis to the best of my knowledge, information, and belief.
Sworn at ……………… this ……………… day of ………………
Before me ……………… Signature ………………
The Registrar
District Magistrate Court

FORM 32
Oath for Administrator with Will Annexed
[Order 31, rule 22]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… deceased.
I, ………………, of ………………, make oath and say that I believe the paper writing,
annexed and marked by me to contain the true and original last will (or will with codicils) of
……………… , late of ……………… deceased; that the executor named is dead, without
having taken probate (or as the fact may be); that I am the residuary legatee in trust named (or
as the fact may be); that I will faithfully administer the movable and immovable property of the
testator by paying his/her just debts and the legacies given by ……………… his/her
……………… will ……………… (or will with codicils), so far as his/her movable and
immovable property shall extend and the law bind me, and distributing the residue of his/her
personal property according to law; that I will exhibit an inventory and render an account of my
administration whenever lawfully required; that the testator died at ……………… on the
……………… , that at the time of death, he/she had a fixed place of abode at ………………
within the jurisdiction of this Court, and that the whole of his/her movable and immovable
property does not amount in value to the sum of ……………… Ghana cedis to the best of my
knowledge, information, and belief.
Sworn at ……………… this ……………… day of ………………
Before me ………………
 Signature ………………………………
The Registrar
District Magistrate Court

FORM 33
Doable Probate
[Order 31, rule 24]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

In the matter of the estate of ………………, deceased.
Be IT KNOWN, that on the day of ………………, the last will (with codicils) of
………………(deceased), late of ………………, who died on ……………… at
……………… and who at the time of death had his/her fixed place of abode at ………………
within the jurisdiction of this Court, was proved and registered in this Court and that
administration of his/her movable and immovable property, and in any way concerning his/her
will, was granted by the Court to, one of the executors named in the will (or codicil), he/she
having been duly sworn, power being reserved of making the same grant to ………………,the
other executor named in the will. And be it further known that on the
……………………………… day of ………………, the will of the deceased was also proved
in this court and the same administration was granted by this Court to ………………, he/she
having been duly worn.
(Seal of Court)
………………………………
Signature of Registrar
The Registrar
District Magistrate Court

FORM 34
Administration Bond
[Order 31, rule 31 (1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
MAY ALL MEN KNOW, by these presents, that we ………………, of, ………………,
severally bound unto ………………, the Registrar of the District Magistrate Court
………………, in the sum of ………………, to be paid to ………………, or the Registrar of
the Court for which payment we bind ourselves and each of us, for himself, in the whole, ours
and each of our successors, executors, and administrators, firmly by these presents.
Sealed with our seals.
Dated at ……………… the ……………… day of ………………
The condition of the above-written obligation is that if the above named ………………, the
intended administrator of the movable and immovable property of ……………… (deceased),
late of ………………, who died on the day of ……………… (left unadministered by
………………), makes a true and perfect inventory of the movable and immovable property of
the deceased (so left unadministered) which has come or comes into his/her possession, or into
the possession of any person for him/her and the inventory is exhibited in the ………………
Court at ……………… whenever required by law to do so; and the same property, and other
movable and immovable property of the deceased, which after the making and exhibition of the
inventory, comes into the possession of ………………, or of any person for him/her, well and
truly administers according to law, pays the debts which the deceased owed at his/her death and
delivers and pays all the residue of the movable and immovable property to the person or such
persons as are entitled by law; and further, makes a true and just account of his/her
administration whenever lawfully required; and in case it is discovered that any will was made
by the deceased and the executor or executors or other persons named exhibit that will for
probate, and if so required, duly renders and delivers the letters of administration granted to
him/ her, then this obligation shall cease, otherwise it shall remain in full force.
………………………………
(LS)
(Signature of obligants)(LS)
Sign Sealed and delivered
In the presence of ………………
The Registrar
District Magistrate Court

FORM 35
Administration Bond (with Will Annexed)
[Order 31, rule 31(1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, (deceased)
MAY ALL MEN KNOW, by these presents, that we ………………, of, ……………… of,
……………… and of ……………… are jointly and severally bound unto ………………, the
Registrar of the District Magistrate Court ……………… in the sum of ………………, to be
paid to ………………, or the Registrar of the Court for which payment we bind ourselves and
each of us for himself/herself in the whole, ours and each of our successors, executors, and
administrators, firmly by these presents. Sealed with our seals.
Dated at ……………… the ……………… day of ………………
The condition of the above-written obligation is that if the above-named, the intended
administrator of the movable and immovable property of ……………… (deceased), late of
……………… who died on the ……………… day of ………………, does make a true and
perfect inventory of the movable and immovable property of the deceased (left unadministered
by ………………) which has come or comes into his/her possession, or into the possession of
any person for him/her, and the inventory is exhibited in the ……………… Court at
……………… whenever required by law to do so, an the movable and immovable property
and all other movable and immovable property (so left unadministered) of the deceased which
after the making and exhibition of the inventory comes into the possession of ………………,
or of any persons for him/her, well and truly administers namely, pays the debts which the
deceased owed at his/her death, and then the legacies given by the will annexed to the letters of
administration, as far as the movable and immovable property extends and the law binds
him/her, and delivers and pays all the residue of the movable and immovable property to the
person or persons entitled by law, and further makes a true and just account of his/her
administration whenever lawfully required, then this obligation shall cease, otherwise it shall
remain in full force.
Signed, Sealed and Delivered
In the presence of ………………
………………………………
………………………………
(Signature of obligants) (L.S.)

FORM 35 (A)
Sureties
[Order 31, rule 31 (1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, (deceased).
We, ………………, of ………………, and ……………… of ……………… proposed sureties
in the penal sum of ……………… on behalf of C.D., the intended administrator of the
movable and immovable property of ……………… (deceased) late of ………………, for
his/her faithful administration, and I, ………………, for myself, make oath and say that I am,
after payment of all my just debts, well and truly worth in money and effects the sum of
………………,
 Sworn by ………………………………
at ……………… day of ………………
Before me ………………
The Registrar
District Magistrate Court

FORM 36
Affidavit of Increase of Estate
[Order 31, rule 31 (5)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… (deceased).
I ………………, of ……………… (here state address not postal box number) make oath and
say as follows:
That on the ……………… day of ……………… letters of administration of the movable
and immovable property of ………………, (deceased) were granted to me by this Honourable
Court.
That the gross value of the said estate was sworn to amount to ………………
That I have since discovered that the value of the estate exceeds that amount and the gross
value is ………………
Sworn at ……………… on ……………… day of ………………
Before me ………………
………………………………
(Signed)
The Registrar
District Magistrate Court

FORM 37
Assignment of Bond
[Order 31, rule 31 (8)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
MAY ALL MEN KNOW by these presents, that I ……………… Registrar of the District
Magistrate Court ……………… pursuant to order 33 rule 31 (8) of the District Court Rules, by
these presents do and hereby assign to ……………… of ……………… (address and
occupation of assignee), the annexed bond bearing date day of ………………, with power to
sue on the bond in his/her own name and to recover as trustee for persons interested, the full
amount recoverable in respect of a breach of the undertaking in the bond.
Dated at ……………… this ……………… day of ………………
LS
Signed, Sealed and delivered by the
named Registrar ………………………………
in the presence of ………………………………
The Registrar
District Magistrate Court

FORM 38
Notice of Proceedings
[Order 31, rule 35 (1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, (deceased).
WHEREAS it appears that a probate action has been started in the District Magistrate Court
……………… in accordance with the Writ of Summons attached; and whereas it appears that
you are one of the persons who are interested in the estate of the deceased:
TAKE NOTICE that if you wish to be heard at the trial of the action you should apply to the
Court either personally or by your lawyer to be added as a party to the action.
AND TAKE NOTICE that in default of your doing so, the Court will proceed to hear the action
and pronounce judgment, despite your absence
Dated at ……………… day of ……………… .20 ………………
Signed ………………………………
The Registrar
District Magistrate Court

FORM 39
 Affidavit of Testamentary Script
[Order 31, rule 38 (2)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, (deceased).
I,………………, of ……………… the plaintiff/defendant in this action make oath and say as
follows:
I have no knowledge of any document being or purporting to be, or having the form or effect of
a will or codicil, or other testamentary script of ……………… (deceased), late of
………………, in this action, or being or purporting to be a draft of any will, codicil or other
testamentary instrument of the said deceased or written instructions for such an instrument
made by or at the request of or under the instructions of the deceased or being or purporting to
be evidence of the contents, or to be a copy, of any will, codicil or other testamentary
instrument of the deceased which is alleged to have been lost or damaged, except the true last
will of the said deceased now produced and shown to me, the said will bearing date
……………… day of ……………… [also except]*
Sworn at ……………… the ……………… day of ………………
Before me. ………………
Signature ………………………………
The Registrar
District Magistrate Court
*Here add the dates and particulars of all other testamentary scripts which the deponent has
any knowledge of; any such script which is in the possession or under the control of the
deponent being referred to in the affidavit. If any such script is not in his/her possession or
under his/her control the deponent must give the name and address of the person in whose
possession or under whose control it is, or if he/she does not know this, must state that he/she
does not know the name and address of that person.

FORM 40
Power of Attorney to take Administration
[Order 31, rule 48 (1)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, (deceased).
WHEREAS ……………… (deceased) late, of ………………, died on ……………… day of
……………… intestate, leaving, ……………… his/her lawful widow/widower and the only
person now entitled to his/her estate:
 NOW, I, the said ……………… at present residing at ……………… do hereby nominate,
constitute and appoint ……………… of ……………… (address and occupation), and
……………… of ……………… (address and occupation) to be my lawful attorneys for the
purpose of obtaining letters of administration of the estate of the said deceased, to be granted to
them by the District Magistrate Court ……………… for my use and benefit, and until I shall
obtain letters of administration for the said estate. And I hereby promise to ratify and confirm
whatever my said attorneys lawfully do or cause to be done in the premises.
In witness of which I have here set my hand and seal this ……………… day of
………………
Signed, Sealed and delivered by the said ………………]
In the presence of ………………] L.S
The Rgistrar
District Magistrate Court

FORM 41
Power of Attorney to take Administration with
Will Annexed given by Executors
[Order 31, rule 48 (4)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........
IN the matter of the estate of ………………, (deceased).
WHEREAS ……………… (deceased) late of ………………, died on the ………………
day of ……………… having made and duly executed his/her last will and testament, bearing
the date ……………… the day of ……………… and thereon appointed ……………… and
……………… executors:
NOW we, the said ……………… and at present residing at ……………… and
……………… respectively do hereby nominate, constitute, and appoint ……………… of
……………… to be our lawful attorney for the purpose of obtaining letters of administration
with the will annexed of the estate of the said deceased to be granted to him/her by the District
Magistrate Court ……………… for our use and benefit, and until we obtain probate of the
will* and we hereby promise to ratify and confirm anything our said attorney shall lawfully do
or cause to be done in the premises.
In witness of which we have here set our hands and seal this ……………… day of
………………
Signed, Sealed and delivered by the said ……………… ……………… and in the presence of
……………… * [Where the power is given by more than four executors, the limitation in the
instrument must be “until any of us, not exceeding four in number shall obtain”].
The Registrar
District Magistrate Court
 FORM 42
Affidavit for a Court Order to Assign Guardians to Minor for
the purppose of taking Administration or Probate
[Order 31, rule 49 (2)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ………………, deceased.
WE, ……………… of , and ………………, of ………………, jointly and severally make oath
and say:
1. That ……………… of ……………… died on the ……………… day of
……………… at ……………… intestate a widow/widower, domiciled in
………………, leaving ……………… his/her lawful daughter/son (one of the
persons to his/her estate).
2. That there is no statutory, testamentary or other lawfully appointed guardian of the
said minor.
3. That we are the lawful grandparents (or the lawful uncle and aunt of the whole blood,
or as the case may be) (and nearest-of-kin) of the minor.
That ……………… the only next-of-kin of the said minor has renounced his/her right
to the guardianship of the said minor. (Here state who has had the care and charge of
the minor since the death of the deceased, and any other fact relied on in support of
the application.)
4. That the gross value of the estate of the said deceased is GH¢ ……………… and that
after the deduction of debts and encumbrances the value of the estate is GH¢
………………
5. That we hereby apply for an order assigning us as guardians of the said minor and
until he/she attains full age.
Sworn at ……………… this ……………… day of ………………
Before me ………………
The Registrar
District Magistrate Court
N.B—This form may be adapted to fit the circumstances. If both parents of the minor are
alive, the affidavit should state the reason why they do not apply for the grant. If there is a
statutory or other lawfully appointed guardian, unless that guardian has renounced the
guardianship, it should be shown for what reason it is desired to pass him or her over. The
form can be adapted to the case of the minority of a sole executor or residuary legatee or other
person entitled to a grant where the deceased died intestate.
 FORM 43
Administrator’s Cash Account
[Order 31, rule 57 (5)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ...................................................

IN the matter of the estate of ………………, (deceased).
THE (first) account of ………………, the Administrator appointed by order dated the ……………… day of ……………
the ……………… day of ……………… to ……………… day of ……………… both dates inclusive.
No of Date When On what Amount No. of Date when Names of For what Amou
Item Payment account received Item was made persons to purpose or al
Was was or allowed whom was
Received payment payment payment
received? was made made or
or allowed allowed

Dated at ……………… this ……………… day of ………………

………………………
Signature of Admin
The Registrar
District Magistrate Court

FORM 44
Administrators Inventory
[Order 31, rule 57(5)]
Heading ................................................................................................................................ ........
IN the matter of the estate of ……………… deceased.
Inventory as at the ……………… day of ………………
Particulars of property in estate Date of disposal

Dated at ……………… this day of ………………

………………………………
Signature of Administrator
The Registrar
District Magistrate Court
 FORM 45
Letters of Administration De Bonis Non
[Order 31, rule 58 (3)]

IN THE DISTRICT MAGISTRATE COURT

Heading ................................................................................................................................ ..........

IN the matter of the estate of ……………… deceased.
BE IT KNOWN, that ……………… (deceased) late of ………………, died on ………………
intestate, and had at the time of death a fixed place of abode at ……………… within the
jurisdiction of this Court, and that after his/her death, on the ……………… day of
……………… letters of administration of his/her movable and immovable property were
granted by this Court to ……………… (insert the relationship or status of administrator) which
letters of administration now remain on record in this Court. The administrator after taking up
the administration , partly administered the movable and immovable property of the deceased
and afterwards, namely on ………………, died leaving part of the estate unadministered and
that on the ……………… day of ……………… letters of administration of the movable and
immovable property left unadministered were granted by this Court to ………………, he/ she
having been duly sworn.
Seal of Court ………………
Sworn under ……………… and that the testator died on or about the day of ………………
………………………………
Signature
The Registrar
District Magistrate Court

Second Schedule
MATRIMONIAL CAUSES
[Order 32, rule 2]

PATERNITY
A. FORM FOR PLAINTIFF
IN THE DISTRICT MAGISTRATE COURT
Heading ................................................................................................................................ ..........
1. (a) Full name of plaintiff ................................................................................................
(b) Residential address of plaintiff..................................................................................
................................................................................................................................ ..
 (c) Occupation of plaintiff ..............................................................................................
2. (a) Name of Defendant ..................................................................................................
(b) Residential address of Defendant ............................................................................
................................................................................................................................ ..
................................................................................................................................ ..
(c) Name of parents of Defendant if defendant is a minor ............................................
................................................................................................................................ ..
3. (a) Name of child (if any) ..............................................................................................
(b) Date of birth of child (if applicable) ........................................................................
(c) Who named the child? ..............................................................................................
4. Summary of complaint
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
5.
1. Any witnesses to the relationship between applicant and defendant? Yes/No?
2. If yes, name them ................................................................................................................
................................................................................................................................ ..............
................................................................................................................................ ..............
3. Was pregnancy reported to the Defendant or Parents of the defendants (if applicable)
................................................................................................................................ ..............
4. What was the response of defendant/defendant’s parents?
................................................................................................................................ ..............
5. Since the pregnancy, give particulars of any assistance, financial or otherwise, given to
you by the defendant or his/her parents.
................................................................................................................................ ..............
6. Any other information that will be of assistance to the Court.
................................................................................................................................ ..............
7. (a) Date of death of child (if applicable) ........................................................................
(b) Funeral expenses (if applicable). Give details of expenses incurred ........................
(c) Who paid the expenses? ..........................................................................................
8. Any previous paternity order by a District Magistrate Court?
Yes/No?
9. (a) If yes, state the town of the Court ............................................................................
(b) Any previous paternity order by any other Court?
Yes/No?
 (c) If Yes, town of the Court ..........................................................................................

PATERNITY
[Order 32, rule 2]
B. FORM FOR DEFENDANT
IN THE DISTRICT MAGISTRATE COURT
Heading ................................................................................................................................ ..........
1. (a) Full name of defendant ............................................................................................
(b) Residential address of defendant ..............................................................................
(c) Occupation of defendant ..........................................................................................
2. (a) Name of plaintiff ......................................................................................................
(b) Residential address of plaintiff ................................................................................
3. (a) Name of child (if any) ..............................................................................................
(b) Date of birth of child (if applicable) ........................................................................
(c) Who named the child? ..............................................................................................
4. Summary of complaint
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
5. (a) Any witness to the relationship between the plaintiff and defendant? Yes/No?
(b) If yes, name them ......................................................................................................
(c) Was pregnancy reported to the defendant (or parents of the defendant if
applicable)
................................................................................................................................ ..
................................................................................................................................ ..
(d) What was the response of plaintiff/plaintiff’s parents?
................................................................................................................................ ..
................................................................................................................................ ..
................................................................................................................................ ..
(e) Since the pregnancy give particulars of any assistance, financial or otherwise,
given to you by the plaintiff or his/her parents or given by you to the plaintiff or
his/her parents.
................................................................................................................................ ..
................................................................................................................................ ..
6. (a) Date of death of child (if applicable) ........................................................................
 (b) Funeral expenses (if applicable).Give details of expenses incurred ........................
(c) Who paid the expenses? ..........................................................................................
7. (a) Any previous paternity order by a District Magistrate Court? Yes/No?
(b) If Yes, state town of the Court ..................................................................................
8. (a) Any previous paternity order by any other Court? Yes/No, (b) If yes, town of the
Court
................................................................................................................................ ..

MAINTENANCE AND CUSTODY

[Order 32, rule 2]
A. FORM FOR PLAINTIFF
IN THE DISTRICT MAGISTRATE COURT
Heading ................................................................................................................................ ..........
1. (a) Full name of plaintiff ................................................................................................
(b) Residential address of plaintiff ................................................................................
(c) Occupation of plaintiff ..............................................................................................
2. (a) Full name of defendant ............................................................................................
(b) Residential address of defendant ..............................................................................
(c) Occupation of defendant ..........................................................................................
3. (a) Name of child/children ............................................................................................
(b) Sex ............................................................................................................................
(c) Age ..........................................................................................................................
(d) School of child ..........................................................................................................
(e) Class ........................................................................................................................
(f) School fees payable per term ....................................................................................
(g) Expenses per month on child ....................................................................................
—Feeding ................................................................................................................
—Clothing ................................................................................................................
—Medical ................................................................................................................
—Other expenses ......................................................................................................
(h) Who pays the school fees and other expenses of child?
4. (a) Income of plaintiff
................................................................................................................................ ..
(b) Income of defendant
................................................................................................................................ ..
5. Expenses so far incurred on child’s upkeep ........................................................................
6. Sum claimed for child’s upkeep ..........................................................................................
7. Summary of complaint ........................................................................................................
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............

MAINTENANCE AND CUSTODY

[Order 32, rule 2]
B. FORM FOR DEFENDANT
IN THE DISTRICT MAGISTRATE COURT
Heading ................................................................................................................................ ..........
1. (a) Full name of defendant ............................................................................................
(b) Residential address of defendant ..............................................................................
(c) Occupation of defendant ..........................................................................................
2. (a) Full name and address of plaintiff ............................................................................
(b) Residential address of plaintiff ................................................................................
................................................................................................................................ ..
(c) Occupation of plaintiff ..............................................................................................
3. (a) Name of child/children ............................................................................................
(b) Sex ............................................................................................................................
(c) Age ..........................................................................................................................
(d) School attending ......................................................................................................
(e) Class ........................................................................................................................
(f) School fees payable per term ....................................................................................
(g) Expenses per month per child ..................................................................................
– Feeding ..........................................................................................................
– Clothing ........................................................................................................
– Medical ..........................................................................................................
– Other expenses ..............................................................................................
(h) Who pays the school fees and other expenses of child?
4. (a) Income of defendant ................................................................................................
(b) Income of plaintiff ....................................................................................................
5. Expenses so far incurred on child’s upkeep ........................................................................
6. Sum claimed for child’s upkeep ..........................................................................................
7. Summary of response to complaint ......................................................................................
................................................................................................................................ ..............
................................................................................................................................ ..............
 ................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............

DIVORCE
[Order 32, rule 2]
A. FORM FOR PETITIONER
IN THE DISTRICT MAGISTRATE COURT
Heading ................................................................................................................................ ..........
1. (a) Full name of petitioner ..............................................................................................
(b) Residential address of petitioner ..............................................................................
................................................................................................................................ ..
(c) Occupation of petitioner ..........................................................................................
2. (a) Full name of petitioner’s husband/wife ....................................................................
................................................................................................................................ ..
(b) Residential address of petitioner’s husband /wife ....................................................
................................................................................................................................ ..
(c) Occupation of petitioner’s husband or wife ..............................................................
................................................................................................................................ ..
3. (a) Was the marriage under Custom or the Marriage Ordinance?
................................................................................................................................ ..
(b) How long have you been married? ..........................................................................
4. (a) Any children of the marriage? ..................................................................................
(b) If so state their names and ages?
Name ................................................................................................................................ ..............
Age ................................................................................................................................ ................
5. (a) Are any of the children working? ............................................................................
................................................................................................................................ ..
(d) If yes, name them and state what each is doing?
................................................................................................................................ ..
6. (a) Are you living with the defendant as at the date of this suit or are you living
elsewhere?
................................................................................................................................ ..
(b) If living elsewhere, state whether it is in defendant’s family home or in a rented
accommodation?
(c) If in a rented accommodation state how much rent is payable
7. (a) State if any of petitioner’s parents is alive ................................................................
(b) If so, state their names and ages ..............................................................................
8. (a) Name of Head of family of petitioner ......................................................................
................................................................................................................................ ..
(b) Name of Head of family of respondent
................................................................................................................................ ..
................................................................................................................................ ..
9. (a) For how long has the problem complained about persisted?
................................................................................................................................ ..
(b) Have there been attempts at settlement?
................................................................................................................................ ..
10. Summary of reasons for divorce ..........................................................................................
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
11. List of reliefs sought and cost of maintenance of children and petitioner
1. ................................................................................................................................ ..............
2. ................................................................................................................................ ..............
3. ................................................................................................................................ ..............
4. ................................................................................................................................ ..............
5. ................................................................................................................................ ..............
6. ................................................................................................................................ ..............

DIVORCE
[Order 32, rule 2]
B. FORM FOR RESPONDENT
IN THE DISTRICT MAGISTRATE COURT
Heading ................................................................................................................................ ..........
1. (a) Full name of respondent ..........................................................................................
(b) Residential address of respondent ............................................................................
................................................................................................................................ ..
(c) Occupation of respondent ........................................................................................
2. (a) Full name of respondent’s husband/wife: ................................................................
................................................................................................................................ ..
(b) Residential address of respondent’s husband/wife:
................................................................................................................................ ..
(c) Occupation of respondent’s husband /wife: ............................................................
3. (a) Was the marriage under Custom or under the Marriage Ordinance? ......................
(b) How long have you been married? ..........................................................................
4. (a) Any children of the marriage? Yes/No
(b) If yes, state their names and ages?
Name ……………… Age ………………
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
................................................................................................................................ ..............
5. (a) Are any of the children working?..............................................................................
......................................................................................................................Yes/No
(b) If yes, name them ......................................................................................................
................................................................................................................................ ..
................................................................................................................................ ..
(c) Are any of the children in school.....................................Yes/No..............................
(d) If yes, name them ......................................................................................................
(e) Are there any other children? Yes/No
(f) If yes, name them and state what each is doing
................................................................................................................................ ..
................................................................................................................................ ..
................................................................................................................................ ..
6. (a) Are you living with the petitioner as at the date of the suit or living elsewhere?
................................................................................................................................ ..
(b) If elsewhere state whether it is in respondent or applicant’s family house or
rented accommodation?
................................................................................................................................ ..
(c) If rented accommodation state how much rent is payable? ......................................
7. (a) Is any of respondent’s parents alive?................................Yes/No..............................
(b) If so, state their names and ages ..............................................................................
8. (a) Name and age of Head of family of both petitioner and respondent ........................
................................................................................................................................ ..
................................................................................................................................ ..
(b) Name and age of Head of Family of respondent ......................................................
9. (a) For how long has the problem complained about persisted?
................................................................................................................................ ..
(b) Have there been attempts at settlement? ..................................................................
10. Summary of reasons for divorce. ........................................................................................
................................................................................................................................ ..............
 ................................................................................................................................ ..............
................................................................................................................................ ..............
11. List of reliefs sought and cost of maintenance of children and petitioner
1. ................................................................................................................................ ..............
2. ................................................................................................................................ ..............
3. ................................................................................................................................ ..............
4. ................................................................................................................................ ..............
5. ................................................................................................................................ ..............
6. ................................................................................................................................ ..............
 Endnotes
1 (Popup - Footnote)
1. This Act was notified in the Gazette on the 15th May, 2009.
2 (Popup - Footnote)
2. Date of commencement to be proclaimed.