Order 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47)

                    THE HIGH COURT (CIVIL PROCEDURE) RULES, 2004 (C.I. 47) GHANA. 

                In Ghana, the High Court (Civil Procedure) Rules, 2004 (C.I. 47), and its amendments, namely C.I. 87, C.I. 101, and C.I. 102, regulate civil procedure in both the Circuit Court and the High Court. Order 1, Rule 1(1) of C.I. 47 captures this point.

C.I. 47 contains eighty-two (82) orders that spell out rules of procedure to be followed in the conduct of civil cases in the High Court and the Circuit Court in Ghana.

This blog aims to critically analyse each order under C.I. 47 and identify the main points under the said order. 

Order 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) 

 This order addresses preliminary matters concerning civil proceedings in Ghana. The key rules captured under this order are captured as follows:

1. Application of Rules:
• The rules of procedure in the C.I. 47 apply to all civil proceedings in the High Court and the Circuit Court, with necessary modifications for the latter.
•  The rules should be interpreted to achieve speedy and effective justice, avoid delays and unnecessary expenses, ensure the comprehensive and final determination of disputes, and discourage the multiplicity of proceedings.
2. Publicity of Proceedings:
• Court proceedings, including the announcement of decisions, are to be held in public unless the court orders otherwise in the interest of public morality, safety, or public order.
•  If proceedings are not held in public, the court must record the reason, and only the parties involved, their lawyers, and court officers may be present.
3. Conduct of Proceedings by a Person Other than a Party:
• A public officer may represent the Republic, the President, the Government, or a government employee whose costs are covered by the government or a public authority.
•  If a party without legal representation cannot attend court for a valid reason, the court may allow a family member, employee, or employer to represent them, provided the representative has the party's authority.
4. Acting without Authority:
• Anyone who knowingly acts or initiates proceedings in the name of or on behalf of another person without authority is liable for contempt of court.

These provisions set the foundational framework for civil proceedings, emphasizing the aims of the application of rules, fairness, efficiency, and proper representation.