THE INDEPENDENT EXAMINATION BOARD
GHANA SCHOOL OF LAW
NEW PROFESSIONAL LAW COURSE
FINAL EXAMINATION MAY, 2016
CIVIL PROCEDURE
MONDAY 23 MAY 2016
TIME ALLOWED: THREE (3) HOURS 10:00am - 1:00pm
INSTRUCTIONS TO CANDIDATES:
1. Read the instructions very carefully before beginning your answers.
2. Answer QUESTION ONE (1), which'is compulsory, and THREE (3) other questions.
3. Credit will be given for legible handwriting, clarity of expression and orderly presentation
of answers.
4. Do not write or sign your name on the answer booklet. Only write your index number.
5. Adhere strictly to the instructions on the front cover of your Answer Booklet.
QUESTION 1
With the aid of the relevant provisions of the High Court (Civil Procedure) Rules, 2004 (CI
. 47), and the decided cases, if any, answer all of the following questions:
Briefly distinguish the difference between a Probate Action and Admi/iistrative,^ ^
Action under order 66 of CI 47 of 2004
c
[4 Marks]
What is meant by Confession and Avoidance in a statement of Defence?
[4 Marks]
\J-II. What is the Rule agains^Departure in pleadings?
[4 Marks]
What is a Set Off? What makes it different from a Counter Claim?
[4 Marks]
V. Mention THREE claims in which the Civil Procedure Rules require a party to provide
PARTICULARS.
[4 Marks]
•—^Vl. Briefly describe the following;
(a) Misjoinder; *
(b) Non-Mtejoin,der
(c) Intermeddling with property under Order 66 of CI 47 of 2004
(d) Intervener [4 Marks]
^^11. What is Review under Order 42 of CI 47 of 2004? [4 Marks]
..„^lll. What is Summary Judgement under Order 14 of CI 47of 2004? [4 Marks]
Mention THREE circumstances that render a Writ of Summons defective?
[4 Marks]
X. What is Application for Directions and what orders could bei made at that stage
by the court? V'i
(4 Marks]
[TOTAL Marks 40]
QUESTION 2 - ^^^s.
(i) On the 3'^ May 2003, Krofa caused a Writ oLSummons and a Statement of Clajm
to be issued in the High Court against Yamfo for the recovery of the sum of GHC
50,000 and interest and declarationcjf title to a particular piece of land. The writ
was served on Yamfo on the 7"^ of May 2011. Yamfo then personally entered
appearance by filing_a Notice of Appeanance on the 12''^ of May 2 0 1 ^ 0 n the 30*^^
of May 2014J, counsel for Krofa conducted a search at the Registry of the High
Court and the answer was that no statement of defence had been filed by Yamfo.
Counsel for Krofa then proceeded to file a ModorLEicEa-rte for judgement in Default
of Defence against Yamfo and the High Court granted the motion on 5'^ June 2013.
Yamfo has been served with an Entry of Judgment and has come to consult you.
What step(s) will you take on behalf of Yamfo and why?
(ii) Mention THREE distinct grounds under which a pleading may be struck out by the
High Court under Order 11 of the Civil Procedure Rules, CI 47.
(iii) On the 5*^ of April 2014, the High Court granted an Application for Joinder filed by
Lawyer Susom to join Owuta as a second defendant in an action. What must Lawyer
Susom do to make the order of joinder legally effective?
(iv) On the 3"^ of May 2013, Mr Hughes personally filed a writ against Mr Mansfield of
No. 4 Flower Lane, Manchester, Engfpnd. Mr Hughes dispatched a copy of the writ
'j7<:l/^ to Mr Mansfield's' address by DHL^Courier Service. On the 10'^ May 2013, Mr
Hughes received a TeportTrom DHL that the writ had been delivered to Mr
Maasfleld._pn the 1'^ of June 2013, Mr Mansfield sent the writ to you as counsel to
represent him in Ghana.
What will you do on his behalf and why?
[20 Marks]
QUESTION 3
^ (i) The Circuit Court on the Istt of March 2013 dismissed an application for ^-^
interlocutory injunction brought by Mr Asampa. Aggrieved by the decision of the
court, Mr Asampa personally filed a Notice of Appeal on the same day in the
Registry of the Court of Appeal. On the 10'^ of March 2013, Mr Asampa consults
you on his appeal. What advice would you offer Mr Asampa?
^ (ii) On the 4*^ of May 2013, the High court Kumasi granted an application for
interlocutory injunction against Kofi Nipa, a defendant in a suit for recovery of land
situate at Nkawkaw. Upon an application by counsel for Kofi Nipa, the High court
Kumasi reported the pendency of the suit in Kumasi to the Chief Justice, who
promptly transferred the suit to the High court, Nkawkaw.
Following this transfer, what Is the legal effect of the interlocutory injunction
granted by the Kumasi high Court?
(iii) What is a Stakeholder's Interpleader?
(iv) Mr Fanku who lost the 2012 Parliamentary election has consulted you to challenge
the results declared by the Electoral Commission.
How, when and where would you initiate the action?
[20 Marks]
QUESTION 4
Alice Mensah is a 40 year old trader who makes earnings of GHS, 2,000 a month and lives at
House 1^0. K.O. 119, Ashanti New Town, Kumasi. On 27'^ January 2013, she was travelling to
Techiman in the Brong Ahafo Region from Kumasi, to sell second hand clothing and she
boarded a Ford bus with registration mark BA5292-13. The vehicle was owned by Opanin Yaw
Kyeremeh and driven by his driver Moro Issah who lives at House No. 42, Clock A, Techiman
and House No. T.Z Techiman Zongo respectively.
3
In order to avoid a head-long collision \A/ith an incoming vehicle, Moro Issah drove the vehicle
off the road at top speed into the bush when he tried to overtake a vehicle ahead of him in a
curve and met the on-coming vehicle at Nkenkanso in the Ashanti Region. Alice Mensah
sustained serious injuries and was admitted at the Nkenkanso Government Hospital. - ^
The medical report indicated that she sustained a fracture of the right and left tibia and fibula,
contusion of the forehead as well as abrasions all over her body.
Consequently, she had to purchase drugs at the cost of GHS600 for her treatment and pay
GHSIO and GHS500 for Police and medical reports respectively and GHS 30 for the cost of X-
Rays on 2 occasions. The hospital fee was GHS 200. She had to stay at'home for two months
to recuperate during which period she visited hospital as an outpatient once a week by a hired
taxi at a fare of GHS200 on each visit.
r
As a lawyer, Alice Mensah has come to engage you to institute Iqgal proceedings in the High
Court for the appropriate reliefs. 'f
(1) Draft a statement of claim for the writ of summons you intend to issue for her;
(2) Upon defendant being served with the writ of summons and the statement of
claim on 20'^ March 2016, what would you do if no appearance has been entered
to date?
Draft the process.
[20 Marks]
QUESTION 5
IN THE HIGH COURT OF JUSTICE
KUMASI/ASHANTI
AGNES OSEI OWUSU
OF HOUSE NO. PLOT 36 BLOCK III
NEW ACHIMOTA, ACCRA
PLIANTIFF
-VRS-
1. Samuel GYASI
OF HOUSE NO.E.J.19
4
EJISU, ASHANTI
(2)MRS GLORIA GYASI
N0.E.J.19
EJISU, ASHANTI * • -A
DEFENDANTS
STATEMENT OF CLAIM
1. The Plaintiff is a trader and lives at New Achimota, Accra
2. The First Defendant is a storekeeper whilst the Second Defendant is a nurse and the
wife of the First Defendant.
3. The Plaintiff states that Plot no. E.D. 79, Edwnease, Kumasi belongs to her.
4. The said plot of land was acquired by the Plaintiff from the Edwenease stool in June
1996 per an allocation note duly signed by the chief of Edwenease.
5. Subsequently, the grant of the land to the Plaintiff was evidenced by a deed of lease
dated December 1996.
6. However, on 12*'' January 2013, the Plaintiff detected that the land had been cleared'
and a building out up to the lintel level.
7. When confronted by the Plaintiff, the mason building the house disclosed that he was
engaged by the Fist Defendant to build the same.
8. When warned by the Plaintiff through a letter from his lawyer, the First Defendant in
turn replied to claim to land through his lawyer.
9. Wherefore the Plaintiff claims against the defendants jointly and severally as follows;
(a) Declaration of title to all that Plot No E.D, 79, Edwenease, Kumasi.
(b) Recovery of possession of the said land.
(c) Perpetual injunction restraining the Defendants, their agents, servants,
workmen and assigns from dealing or in any way interfering with the land
in dispute.
DATED AT MANSUSUSAA CHAMBERS THIS 6™ DAY OF JUNE 2013
THE REGISTRAR
HIGH COURT
KUMASI
JOHN MEBUSEM
5
(LAWYER FOR PALINTIFF)
AND COPIES FOR SERVIE ON THE DEFENDAANTS
The defendants having been served with the writ of summons and the above accompanyin'g
statement of claim have come to you as their lawyer to prepare a statement of defence and
a counterclaim for them as their lawyer*. The Defendants' case is that the First Defendant
acquired the plot of land from the same stool on 20"' April 2013 whose successor chief
executed a deed of lease in his favour with the consent and concurrence of its elders and duly
confirmed by the Asantehene, after he conducted a search at the Lands Commission and the
First Defendant has obtained Land Title Certificate in his favour in respect of the same.
'T
(i) Draft the statement of defence and make a counterclaim.
(ii) Do you find the joinder of the Second Defendant to be necessary?
(iii) What steps would you take to ensure that the Second Defendant ceases to be
a party to the suit?
Discuss the process. * ?
[20 Marks]
ClUESTION 6
Opanin Akwasi .Asamoah hails from and lives at Abourhia near Kumasi. The house in which he
lives is numbered A.A7, Abourhia. The house is built by Opanin Kwadwo Safo in 1934 and
upon his death in 1951, he was customarily succeeded as head of family by Opanin Yaw
Mensah who was living at Nyamebekyere near Abessim. Opanin Yaw Mensah died in 1971
and was customarily succeeded by Opanin Akwasi Asamoah as head of Family.
However, in the last will and testament of Opanin Yaw Mensah, he purported to devise the
house to his wives and children and appointed Kwame Anyamesem and Rev. James Asiedu,
of the House ?no 22,Sunyani and the Presbyterian Mission House, Abessim near Sunyani
respective as Executors.
Opanin Akwasi Asamoah has decided to sue the Executors to claim the house in the High
Court.
(1) Draft the title to the suit for the statement of claim indicating the venue for the
action
(2) Draft the indorsement of the writ of summons for the case.
(3) What is the importance of an indorsement of a writ of summons in an action?
[20 Marks]
6
-I
QUESTION 7
(IJ When does a party not require the leave of the court to make an amendment to
his writ of summons or pleadings?
(lij After the close of pleadings, you have been engaged by Opanin Kwabena Wuo
who is the head of family, seeking to litigate the family interest. He has issued
the writ of summons and the Statement of Claim set out below, drafting it
himself. What will you do to ensure that the matter is effectively adjudicated?
IN THE SUPERIOR COURT OF JUDICATURE
HIGH COURT
'KUMASI
SUIT NO. LC 11/2012
r
OPANIN KWABENA WUO
HOUSE NO D.O. 3, DOMINASE, ASHANTI PLAINTIFF
VRS
1. MADAM AKOSUAASEMSEBE
HOUSE NO. D.O. 3, DOMINASE, ASHANTI
2. MR. KWABENA SARPONG
HOUSE NO. D.I. 79, ASHANTI NEWTOWN,
KUMASI
STATEMENT OF CLAIM
1. The Plaintiff is a farmer and lives at Dominase, Ashanti.
2. The 1^' Defendant is also a farmer living at Dominase, Ashanti.
3. The 2"*' Defendant is a sand and stones contractor and lives at Kumasi.
7
4. The Plaintiff states that his family owns all that piece or parcel of farm land at a place^
commonly known and called Aboaboso at Dominase on Essumeja Stool land and
bounded by the properties of Kwame Nimo (deceased) Opanin Gyasi (deceased)
Maame Pasa and thence to the Aboabo and Akai streams.
5. The said land was originally acquired by the Plaintiff's greatuncle Kwame Poku about
100 years ago as a virgin forest as a subject of Dominase under the Essumeja
Paramountcy.
6. Upon acquiring the land the Plaintiff's said greatuncle reduced the same into a cocoa
farm and built a cotfage farm thereon.
7. The late Kwame Poku was therefore in possession of the land until his death in 1965
and thereafter the same devolved upon his family as family property.
8. However, in February 2012, the 2"" Defendant started winning sand and stones on
.ft?'
the land.
9. When confronted, the 2"*^ Defendant claimed he was permitted to do the same by
the 1" Defendant who also admitted granting the land to the 2"** Defendant.
10. The Plaintiff contends that the Defendants' conduct amounts to trespass. ^
11. Wherefore the Plaintiff claims as follows: 1^
a. Declaration of title
DATED AT KUMASI THIS 30™ DAY OF JANUARY 2016
OPANIN KWABENA WUO
(PLAINTIFF)
THE REGISTRAR
HIGH COURT
KUMASI
AND COPY FOR SERVICE ON THE DEFENDANTS HEREIN
[20 marks]
