Ghana Legal Services will guide users through the various legal forms necessary for initiating proceedings or responding to petitions. These forms are essential for managing legal actions within the Ghanaian legal system, facilitating the initiation, progression, and resolution of cases. They ensure that all parties have the opportunity to present their claims and defences in a structured manner. Users of the Ghana Legal Services website can access these forms, along with instructions and guidelines for their proper completion and filing.
Here is an overview of the various forms used in the Ghanaian legal system, along with explanations of their types and purposes:
Filing Legal Forms in Ghana
Writ of Summons
Purpose: Used to commence a civil action in court. It formally notifies the defendant that legal action is being taken against them and provides details of the plaintiff's claims.
Contents: Includes the names and addresses of the parties involved, the nature of the claim, and the relief sought.
Notice of Appearance
Purpose: Filed by the defendant indicating their intention to contest the plaintiff's claims.
Contents: Includes the defendant’s name, address, and a statement of their intent to defend against the action.
Statement of Claim
Purpose: Accompanies the Writ of Summons, detailing the facts of the case and the basis of the plaintiff’s claim.
- Contents: Provides a detailed narrative of the plaintiff's case, including relevant facts, legal grounds, and the specific relief or remedies sought.
Defence
Purpose: Allows the defendant to respond to the plaintiff's claims, outlining their version of the facts and legal arguments.
Contents: Details the defendant's response to each allegation made in the Statement of Claim, including any defences or counterclaims.
Counterclaim
Purpose: Filed by the defendant if they have a claim against the plaintiff arising from the same facts.
Contents: Similar in structure to a Statement of Claim but filed by the defendant, detailing their claims against the plaintiff.
Summons for Directions
Purpose: Used to request the court's guidance on procedural issues in a case.
Contents: Includes questions on procedural steps, discovery, evidence, and other matters requiring the court’s direction.
Reply
Purpose: Used by the plaintiff to respond to the defendant’s Defence or Counterclaim.
Contents: Addresses specific points raised in the Defence or Counterclaim, providing further clarification or rebuttal.
Witness Summons
Purpose: Issued to compel a witness to attend court and give evidence or produce documents.
Contents: Specifies the witness's name, address, the date and time they are required to appear, and the documents they need to bring.
Affidavit
Purpose: A written statement made under oath, used to provide evidence or support other filings.
Contents: Contains sworn statements of fact relevant to the case, signed by the deponent and notarised.
Motion Ex Parte
Purpose: Filed to request the court to make an immediate order without notifying the other party.
Contents: Similar to a Motion on Notice but used in urgent situations where delay could cause harm.
Motion on Notice
Purpose: Filed to request the court to make a specific order, with notice given to the other party.
Contents: Includes the nature of the order sought, the grounds for the request, and a supporting affidavit.
Interlocutory Application
Purpose: Filed to request temporary relief or orders pending the final determination of the case.
Contents: Details of the temporary orders sought and the reasons for their necessity.
Notice of Appeal
Purpose: Filed by a party seeking to challenge a court’s decision in a higher court.
Contents: Details the grounds of appeal and the aspects of the lower court’s decision being contested.
Application for Default Judgment
Purpose: Filed when the defendant fails to respond or appear in court, requesting a judgment in the plaintiff’s favour.
Contents: Includes proof of service of the initial documents and a request for judgment due to the defendant's non-response.
Certificate of Service
Purpose: Provides proof that legal documents have been properly served on the other party.
Contents: Includes details of the documents served, the method of service, and the date of service.
Interlocutory Application
Purpose: Filed to request temporary relief or orders pending the final determination of the case.
Contents: Details of the temporary orders sought and the reasons for their necessity.
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