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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

ORDER 12

ARREST OF ABSCONDING DEFENDANT

 Defendant leaving jurisdiction; application for security

1. (1) Where a plaintiff institutes an action in which the value of the claim is more than four thousand five hundred Ghana Cedis , the plaintiff, at any time before final judgment, may make an application ex parte supported by an affidavit as set out in Form 6 of the First Schedule to the Court, for an order that requires the defendant to give security to satisfy any judg­ment or order that may be given against the defendant in the action, if

                                     (a) the defendant has disposed of or removed all or a substantial part of the property of the defendant from the country or is about to do so;   

                                     (b) the defendant is about to leave the country; or (c) the action is a matrimonial cause.


 

(2) Where the Court is satisfied that

(a) the provisions in subrule (1) have been fulfliled, and

(b) the execution of the judgment in the action against the defendant is likely to be obstructed or delayed as a result,

it may issue a warrant as in Form 7 of the First Schedule, to bring the defendant before the Court to show why the defendant should not give good and sufficient security to satisfy any judgment or order that may be given against the defendant.

(3) The deposition in the supporting affidavit of a plaintiff who makes an application under subrule (1) is not sufficient proof of the claim in the application.

(4) The Magistrate to whom the application is made shall investigate the claim in the application and shall only make the order after sufficient proof of the claim.

Security for satisfaction of judgment 2. (1) Where

(a) the claim made in rule 1 is proved to the satisfaction of the Magistrate, and

(b) the defendant fails to show cause why security should not be given,

the Court shall order the defendant to give bail for the satisfaction of any judgment that may be given against the defendant in the action.

(2) For the purpose of subrule (1) the surety shall undertake to pay any money that is adjudged to be paid by the defendant in the action, if the defendant defaults in the payment and Form 8 or 8 (A) as set out in the First Schedule may be used.

Deposit in lieu of security

3. A deposit of money or other valuable property by the defendant which is sufficient to satisfy the claim and costs of the action may be accepted by the Court instead of security.

Committal in default of security or deposit

4. (1) Where the defendant fails to provide sufficient security, the defendant may be committed to custody for a maximum period of twenty­one days within which the Court shall dispose of the matter.


Cost of keeping the arrested person

5. (1) The expenses incurred for keeping the defendant in custody shall be the sum determined by the Court, and shall be paid by the plaintiff in advance to the prison authority.

(2) Any amount spent under subrule (1) may be recovered by the plaintiff in the action unless the court otherwise orders.

(3) The Court may order

(a) the release of the defendant from custody if the plaintiff fails to pay the subsistence expenses, or

(b) in the case of serious illness, the removal of the defendant to a hospital.

(4) The warrant for discharge shall be as set out in Form 9 of the . First Schedule.

 

 

 

 

 

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