How To File A Case In A Ghanaian Court
Introduction To Court Filing
Filing a case in court does not require so much effort as the average Ghanaian thinks. Most Ghanaians see the judicial service and the law courts as something too far-fetched that they prefer to settle their matters outside the courtroom. We present you simple guidelines to follow in filing a case in court.
In the first place, all fees charged by the various courts thus Supreme, Court of Appeal, High, Circuit and District are all controlled by the Civil Proceedings (Fees and Allowances).
The procedure for filing processes at the court takes place between court filing clerk and the cashier at the bank. Ecobank and some select banks receives all monies for fees about the filing of cases in court on behalf of the Judicial Service in Ghana.
How To Start Court Filing Process
The process of filing a case begins with the client presenting the process he/she wants to file to the court. On the presentation of the process to the court filing clerk, the clerk checks whether the process to be filed belongs to his/her court, by inspecting the suit number.
If the suit is new, the clerk uses his/her knowledge in filing and the scheduled fees as guidance, and would determine whether it is for that court.
Mode Of Payment
It is very imperative to declare the mode of payment. Court fees are paid with a bankers draft, a payment order by cash. Personal cheques are not accepted as a means of paying for processes filed.
District Court Filing
The jurisdiction of the District Court allows amount up to Gh¢20,000.00. It therefore means that a case which is above this fixed amount is not filed at the District Court.
Circuit Court Filing
The Circuit Court allows up to Gh¢50,000.00. Writs that are higher than the amount is referred to the High Court.
High Court Filing
All writs filed at the Circuit and the High Courts’ attract the same fees. Filing proceedings at the Commercial Courts has a subtle difference from the other High Courts.
To demonstrate this difference a writ which exceeds Gh¢50,000.00 attracts a fee of GH¢1,000.00 at the Commercial Court, the other High Courts charge Gh¢500.00. Aside writs and statements of claim, all other fees charged are the same.
Court of Appeal Filing
Any person seeking to overturn a verdict against any decision to the Court of Appeal is required to start the filing of the appeal process from the court that judged the case.
Supreme Court Filing
Writs filed at the Supreme Court is the highest on the list. For example an exhibit attracts Gh¢10.00 at the Court of Appeal whilst an exhibit filed at the Supreme Court costs GH¢20.00.
Assessment of Fees For Filing
When the court filing clerk checks the suit number and sees that it fits the court, the clerk verifies the type of process to be filed.
The clerk then proceeds to his/her assessment stamps. When the writ is on notice or is to be served, he/she stamps on the process twice. One of the assessments goes to the revenue account and the second goes to the deposit account.
After the court filing clerk has shown the amount to be paid, the clerk issues the client with a pay-in-slip from the Ecobank which is in his/her custody. The court filing clerk writes the suit number, and the other details including the amount and the bank account for the court.
The filing gives pay-in-slips( the original and the duplicate) to the client. The client gives the pay-in-slips to the cashier at the Bank.
The bank cashier stamps the process with the stamp to show proof of payment. The cashier keeps the original of the pay-in-slip and gives the stamped duplicate copy to the court user who returns to the court filing clerk for filing.
The clerk checks to see if the pay-in-slip is genuine and then proceed to file the process.