Demystifying civil procedure: Bobby Banson on new book Civil Litigation in the High Court of Ghana

The rules that govern procedure at the High Court, known as the High Court (Civil Procedure) Rules 2004, C.I 47 is often times considered a complex subject, given that there are about 82 rules and orders, each with its own sub-rules. 

In his monograph, private legal practitioner, Bobby Banson aims at making the subject clearer and easier to understand for young practitioners and students, by explaining in simple language the interpretation and application of the rules by the Court with the support of case law. 

“Though this book does not capture all the practices and procedures before the High Court and Circuit Court, I have attempted to touch on all the fundamental principles of civil litigation to give the reader the maximum exposure to this area of law,” writes Bobby Banson. 

The book has three main parts. Part one discusses the general rules of jurisdiction governing the Courts and civil procedure in general and how to properly invoke or challenge the jurisdiction of a court. 

Part two discusses the entire scope of civil procedure adopted under the High Court (Civil Procedure) Rules 2004, C.I 47, by looking at the steps to be taken during the pendency of a suit and to proceedings to be taken post-judgment/ruling to execute or appeal against a judgment/ruling.

Part three discusses other related matters to civil procedure such as rules of evidence, enforcement of foreign judgments and arbitration.

In some instances, the book contains the contrary opinion of the author on some of the judicial pronouncements cited. 

While commending Bobby Banson for a “concerted effort at ‘demystifying’ the subject of Civil Procedure,” Chief Justice of the Republic, His Lordship Kwasi Anin-Yeboah writes in the Foreword to the book that the struggle to appreciate the subject of Civil Procedure is not only faced by young practitioners and students. 

“Many a practitioner would confess to always having to check up the rules of court before taking any step in a civil matter to ensure that their processes are not struck out for breach of any of the rules of Court,” he said, adding that “I am particularly impressed with the efforts put in to come up with this work and I am certain that all those who are interested in civil litigation in Ghana, would find it, worthy companion, either as a student or practitioner.”

The book would be launched on Friday, December 9, 2022, at the Movenpick Ambassadors Hotel in Accra.