Stage One of Civil litigation in Ghana: The Pleadings Stage

 MAIN STAGES IN CIVIL LITIGATION:

STAGE ONE(1): PLEADINGS STAGE (THE WAR ON PAPER)

  1. The Plaintiff is usually the party that initiates the civil litigation process by filing, causing to be issued and served on the Defendant, a Writ of Summons and Statement of Claim (sets out the Plaintiff's version of facts, especially demonstrating to the Court the "Right to be enforced"). The Writ of Summons and Statement of Claim will ordinarily be served on the Defendant mainly through personal service or substituted service.

  2. The other party, usually the Defendant, on service of the Writ of Summons and Statement of Claim on him or her, is expected to enter appearance within eight (8) days, essentially submitting himself or herself to the jurisdiction of the Court in the matter. 

The Defendant files and serves on the parties to the suit a Notice of Entry of Appearance, which may be Conditional or Unconditional. If the Defendant fails to enter appearance, the Plaintiff may apply to the Court for Judgment in Default of Appearance to be entered against the Defendant.

  1. Upon entering Appearance, the Defendant is to file his or her Statement of Defence and Counterclaim, if any. In this pleading, the Defendant usually responds to (admits or denies) the allegations of fact made by the Plaintiff in the Statement of Claim, and additionally advances any claim he or she has against the Plaintiff. The rules of court provide that the Statement of Defence be filed and served within fourteen (14) days after the time limited for appearance.

  2. The Plaintiff then files a Reply and Defence to Counterclaim in response to the Defendant’s Statement of Defence and Counterclaim. This is Optional but Strategic and mainly seeks to respond to new allegations raised in the Statement of Defence and Counterclaim.

  3. The next procedural Step is the Application for Directions. Either party can apply to the Court to set out how the case should proceed. The Court must give the other party at least 14 days’ notice before the application is heard, in the name of fairness and justice.

  4. The last step under Stage One is the Hearing of the Application for Directions. The Court issues (lays down) case management directions on when the trial will commence, how many days will be set aside for the trial, among others.


              LEGAL SIGNIFICANCE OF THE PLEADINGS STAGE:

  1. At this stage, the issues are clarified between the parties: what is agreed upon by the parties, and what is disputed.

  2. It prevents surprises at trial.

  3. It sets the tone for settlement or trial Strategy.

 

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