Ghana School of Law PLC: Civil Procedure (GLC)

Under Article 130(1) of the 1992 Constitution of Ghana, which court has exclusive original jurisdiction in all matters relating to the enforcement or interpretation of the Constitution?

• AThe High Court
• BThe Court of Appeal
• CThe Supreme Court
• DThe Judicial Committee of the National House of Chiefs

What is the procedure when an issue of constitutional interpretation arises in any proceedings before a court other than the Supreme Court?

• AThe court must stay its proceedings and refer the question to the Supreme Court for deter…
• BThe court must dismiss the action for lack of jurisdiction.
• CThe court must decide the issue and allow the aggrieved party to appeal to the Supreme Co…
• DThe court must request the Attorney-General to resolve the interpretation issue.

Which of the following describes the civil jurisdiction of the Court of Appeal in Ghana?

• AIt has exclusive original jurisdiction in disputes between the State and citizens.
• BIt has purely appellate jurisdiction to hear appeals from judgments of the High Court and…
• CIt shares original civil jurisdiction with the High Court.
• DIt acts as a court of first instance for chieftaincy matters.

Which court has supervisory jurisdiction over all lower courts and any lower adjudicating authority in Ghana?

• AThe High Court
• BThe Court of Appeal
• CThe Supreme Court
• DThe Attorney-General's Department

Under Section 47 of the Courts Act, 1993 (Act 459), as amended by the Courts Regulations, 2020 (L.I. 2429), what is the current monetary limit of the civil jurisdiction of the District Court in Ghana?

• AGHS 5,000
• BGHS 20,000
• CGHS 50,000
• DGHS 500,000

Which body has exclusive original jurisdiction to hear and determine chieftaincy disputes of first instance involving a Paramount Chief in Ghana?

• AThe High Court
• BThe Judicial Committee of the Regional House of Chiefs
• CThe Judicial Committee of the Traditional Council
• DThe Supreme Court

Under the Supreme Court Rules, 1996 (C.I. 16) Rule 54, what must an applicant establish to succeed in an application for review of a Supreme Court judgment?

• AThat the trial judge made a simple error of fact in weighing the evidence.
• BExceptional circumstances which have resulted in a miscarriage of justice or discovery of…
• CThat the trial took longer than the statutory time limits.
• DThat the opposing party was represented by a junior counsel.

Which of the following is NOT an order that can be issued by the High Court in the exercise of its supervisory jurisdiction under Article 141?

• ACertiorari
• BMandamus
• CProhibition
• DInjunction

A single Judge of the Court of Appeal may exercise any power vested in the Court of Appeal not involving the decision of the cause or matter, except that in civil matters, if the single Judge refuses an application, what remedy does the applicant have?

• AAn appeal directly to the Supreme Court.
• BAn application to have the decision determined by a full bench of three Judges of the Cou…
• CA petition to the Chief Justice for review.
• DA fresh application before the High Court.

What is the consequence under Article 129(3) regarding the binding nature of the Supreme Court's decisions on itself?

• AThe Supreme Court is strictly bound by its own previous decisions.
• BThe Supreme Court may depart from its own previous decisions when it appears right to do…
• CThe Supreme Court is bound by the decisions of the Court of Appeal.
• DThe Supreme Court is bound only by decisions made prior to the 1992 Constitution.

Which of the following actions must be commenced in the High Court rather than a Circuit or District Court, regardless of the amount in dispute?

• AAn action for breach of contract.
• BAn action involving the enforcement of fundamental human rights under Article 33.
• CAn action for recovery of possession of land.
• DAn action for negligent driving.

Under Section 10 of the State Proceedings Act, 1998 (Act 555), how must all civil proceedings against the State be commenced?

• AAgainst the President directly.
• BAgainst the Attorney-General as the representative of the State.
• CAgainst the Ministry of Finance.
• DAgainst the specific government officer who caused the injury.

What is the effect on jurisdiction if a party commences a civil action in the wrong High Court division (e.g., Commercial Division instead of Land Division)?

• AThe action is void and must be dismissed for lack of jurisdiction.
• BIt is a mere irregularity, and the Judge may transfer the case to the appropriate divisio…
• CThe plaintiff is liable to be prosecuted for abuse of court process.
• DThe defendant is deemed to have won the case automatically.

Under the Courts Act, 1993 (Act 459), who has the power to transfer a civil case from one judge to another within the High Court, or from one District Court to another?

• AThe Attorney-General
• BThe Chief Justice
• CThe Registrar of the High Court
• DThe President of the Ghana Bar Association

Which of the following is correct regarding appeals from the decisions of the Circuit Court in civil matters?

• AThey go to the High Court.
• BThey go directly to the Supreme Court.
• CThey go to the Court of Appeal.
• DThey go to the Regional House of Chiefs.

Which of the following courts does NOT have appellate jurisdiction in civil matters under any circumstances?

• AThe High Court
• BThe District Court
• CThe Court of Appeal
• DThe Supreme Court

What is the constitutional composition of the Court of Appeal for hearing an appeal?

• AA single judge
• BA bench of not less than three Judges
• CA bench of five Judges
• DA bench of seven Judges

In civil cases, an appeal from a decision of the Judicial Committee of the National House of Chiefs lies to which court?

• AThe High Court
• BThe Court of Appeal
• CThe Supreme Court, with leave of the House of Chiefs
• DThe Supreme Court, as of right

Which of the following is correct concerning the supervisory jurisdiction of the Supreme Court under Article 132 of the 1992 Constitution?

• AIt applies only to lower courts, excluding the Court of Appeal and High Court.
• BIt is exercised over all courts and any adjudicating authority in Ghana.
• CIt can only be invoked by the Attorney-General.
• DIt is identical in scope to the appellate jurisdiction of the court.

Which of the following courts has jurisdiction to issue an order of Habeas Corpus in Ghana?

• AThe High Court
• BThe District Court
• CThe Circuit Court
• DThe traditional arbitration panel

Under Order 2 Rule 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), what is the default mode of commencing a civil action in the High Court unless otherwise provided by any law?

• AOriginating Notice of Motion
• BWrit of Summons
• CPetition
• DChamber Application

According to C.I. 47, what is the default duration of a Writ of Summons in the first instance from the date of issue?

• A3 months
• B6 months
• C12 months
• D24 months

For how long can the validity of a Writ of Summons be extended (renewed) at any one time by order of the court under C.I. 47 Order 2?

• A3 months
• B6 months
• C12 months
• DPermanently

If a plaintiff serves a writ after its initial 12-month validity period has expired without obtaining a renewal order, what is the status of the service?

• AThe service is completely valid and the defendant must enter appearance.
• BThe service is a mere irregularity that is automatically waived after 14 days.
• CThe service is invalid and the defendant can apply to set it aside.
• DThe writ is automatically deemed amended and the 12-month period runs again.

Under Order 3 Rule 1 of C.I. 47, where must an action concerning land (such as recovery of possession or determination of title) be commenced?

• AIn the region where the plaintiff resides.
• BIn the region where the defendant resides or carries on business.
• CIn the region where the land or any part of the land is situated.
• DOnly in the Greater Accra Region (Accra).

What is the general rule regarding the mode of service of a Writ of Summons on an individual defendant under C.I. 47 Order 7 Rule 1?

• AIt must be served by registered post.
• BIt must be served personally on the defendant.
• CIt must be served by leaving it with any adult at the defendant's residence.
• DIt must be served by email or WhatsApp.

Under C.I. 47 Order 7 Rule 6, what must a plaintiff prove in an affidavit to obtain an order for substituted service?

• AThat the defendant has a lawyer who is prepared to accept service.
• BThat personal service has been attempted but is impracticable, showing what efforts have…
• CThat the defendant is currently outside the jurisdiction of the court.
• DThat the claim value is above GHS 100,000.

What is the standard time limit for a defendant served with a Writ of Summons within the jurisdiction of Ghana to file an Entry of Appearance?

• A8 days
• B14 days
• C21 days
• D30 days

If a defendant wishes to object to the jurisdiction of the court or set aside the writ/service for irregularity, what must the defendant file first?

• AAn unconditional appearance.
• BA statement of defense.
• CA conditional appearance.
• DAn application for summary judgment.

What is required before a plaintiff can serve a Writ of Summons on a defendant who resides outside the jurisdiction of Ghana?

• AThe plaintiff can serve it immediately without court permission.
• BThe plaintiff must obtain the leave (permission) of the High Court to issue and serve the…
• CThe plaintiff must advertise the writ in a local newspaper first.
• DThe plaintiff must request the Ministry of Foreign Affairs to serve it.

Under C.I. 47 Order 8 Rule 3, what document must be served on a defendant who is outside the jurisdiction and is NOT a Ghanaian citizen or within the Commonwealth?

• AThe original Writ of Summons
• BA Notice of the Writ of Summons
• CA default judgment
• DA warrant of arrest

How is personal service of a Writ of Summons effected on a limited liability company registered under the Companies Act, 2019 (Act 992) in Ghana?

• ABy leaving it with any security guard at the gate of the company's premises.
• BBy serving it on a director, secretary, or other principal officer of the company, or by…
• CBy publishing the writ in a national daily newspaper.
• DBy serving it on the Registrar-General.

Under C.I. 47, if a plaintiff sues two or more partners in the name of their firm, how is the Writ of Summons served?

• AOn all partners individually, otherwise the suit fails.
• BOn any one or more of the partners, or on any person having control of the partnership bu…
• COn the Attorney-General.
• DBy pasting it on the door of any partner's home.

What is the consequence if a defendant files an entry of appearance after the 8-day time limit has expired but before the plaintiff has applied for default judgment?

• AThe appearance is void and the defendant must seek leave.
• BThe appearance is valid, as a defendant may enter appearance at any time before judgment.
• CThe defendant is fined GHS 5,000 for late filing.
• DThe registrar will refuse to accept the filing.

Which of the following is NOT a requirement for a valid Writ of Summons under C.I. 47 Order 2?

• AIt must contain the names of the parties.
• BIt must state the plaintiff's address for service.
• CIt must be signed by the trial judge.
• DIt must contain an endorsement of the nature of the claim.

Which of the following civil actions must be commenced by way of a Petition in Ghana?

• AAn action for breach of contract.
• BAn action for dissolution of marriage under the Matrimonial Causes Act, 1971 (Act 367).
• CAn action for defamation.
• DAn action to enforce a fundamental human right.

What is the time limit for filing a defense under Order 11 Rule 2 after the defendant has entered appearance?

• A8 days from the entry of appearance.
• B14 days from the service of the Statement of Claim or the time limited for appearance, wh…
• C21 days from the entry of appearance.
• D30 days from the filing of the writ.

How is a Writ of Summons served on a person of unsound mind who is not confined in an institution?

• ABy serving it directly on the person of unsound mind.
• BBy serving it on the person with whom the person of unsound mind resides or in whose care…
• CBy publishing it in the Government Gazette.
• DBy serving it on the Attorney-General.

Which of the following is correct regarding the endorsement of a Writ of Summons under C.I. 47?

• AA writ must always have a Statement of Claim attached to it.
• BA writ may be general-endorsed or special-endorsed (statement of claim endorsed on it).
• CA writ can only be endorsed with a claim for damages.
• DA writ does not need any endorsement if pleadings are filed.

When computing a period of time prescribed by C.I. 47 that is 7 days or less, how are Saturdays, Sundays, and public holidays treated under Order 80 Rule 1(5)?

• AThey are counted normally as part of the period.
• BThey are excluded (not counted) in reckoning the period.
• COnly Sundays are excluded; Saturdays and public holidays are counted.
• DThe whole period is suspended until the next working day.

What is a concurrent writ under C.I. 47 Order 2 Rule 8?

• AA duplicate of the original writ issued for service on another defendant in a different r…
• BA writ issued by two different plaintiffs in the same action.
• CA writ that is issued by both the High Court and Circuit Court.
• DA writ that contains both civil and criminal charges.

If a defendant files an entry of unconditional appearance, what is the effect on any defect or irregularity in the Writ of Summons?

• AThe defendant can still raise the irregularity at the trial.
• BThe defendant is deemed to have waived the irregularity and submitted to the court's juri…
• CThe suit is automatically dismissed.
• DThe plaintiff must issue a fresh writ.

Under C.I. 47, who is responsible for serving a Writ of Summons unless the court orders otherwise?

• AThe plaintiff personally.
• BA process server of the Court (bailiff) or a person authorized by the Court.
• CA police officer.
• DThe Registrar of the Court.

What is the primary document used to prove to the court that a defendant has been served with a Writ of Summons?

• AA letter from the plaintiff's lawyer.
• BAn Affidavit of Service sworn by the process server.
• CA post office receipt.
• DA photograph of the defendant holding the writ.

Where a writ of summons has been served out of the jurisdiction under C.I. 47 Order 8, what is the default time limit for the defendant to enter appearance?

• A8 days
• B14 days
• C21 days (or such other time as the court may order)
• DExactly 60 days

Under C.I. 47 Order 11 Rule 7, what is the fundamental rule regarding the content of pleadings?

• APleadings must state conclusions of law.
• BPleadings must contain the evidence by which material facts are to be proved.
• CPleadings must state only material facts on which the party relies, not evidence or law.
• DPleadings must include photocopies of all relevant statutes.

What is the time limit under C.I. 47 for a plaintiff to file a Reply to a Defense?

• A8 days after service of the defense.
• B14 days after service of the defense.
• C21 days after service of the defense.
• DReply is filed automatically by the Court.

Under Order 11 Rule 16 of C.I. 47, when are pleadings deemed closed?

• AImmediately when the defendant files an Entry of Appearance.
• B14 days after service of the Defense or Reply (if any).
• CWhen the judge signs the final judgment.
• DOnly when the pre-trial conference is completed.