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The new 'procedure' for payment of money out of court: A trick or a treat?

Source: Francisca Serwaa Boateng, Esq.

The new 'procedure' for payment of money out of court: A trick or a treat?
MarryRight Ghana

Introduction

Going to court is serious business. People who file cases in court or defend cases that have been filed against them know that court processes are not matters one takes for fun. There are elaborate rules and procedures to follow for each step a litigant wants to take. To make for easy reference, the various courts have specific rules made to guide parties on how to conduct their cases before the courts. Whether a party chooses to handle her case by herself or appoint a lawyer to represent her, it is the same rules of procedure that apply to every case. One subject that is of importance to many parties in court cases is how they can pay money into court or how they can withdraw money that has been paid into court for them.

The courts’ rules of procedure contain specific rules for payment of money into court and out of court. It is only the Rules of Court Committee set up under the Constitution1 that has the power to make or change the rules of procedure of the various courts. This article discusses the procedure that a party in a court case has to follow in order to pay money into court for the other party. It outlines the steps to follow to withdraw money that has been paid into court for a party. It also discusses the recent ‘public notice’ issued by the Judicial Service announcing a ‘special exercise’ for parties in some court cases to access funds that have been paid into court by parties. The article takes the view that since the procedure for the so-called special exercise for payment of money out of court was not made by the Rules of Court Committee in accordance with law, the procedure is unlawful and any money paid out of court in reliance on that unlawful directive is an illegal payment, void and must be returned to chest.


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