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.
