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High Court (supervisory jurisdiction)

Judicial review

Certiorari, prohibition, mandamus or quo warranto against an inferior court, tribunal or public body.

Timeline runs from
Date of the decision challenged
Primary rules
C.I. 47 Order 55 · 1992 Constitution art. 141
Apply this roadmap to a case

Governing instruments

  • C.I. 47High Court (Civil Procedure) Rules, 2004 (2004)

    Master rules for civil practice in the High Court: commencement, service, pleadings, interlocutory applications, discovery, trial, judgment and enforcement.

    Binds: High Court · Circuit Court (with modifications)

  • 1992 ConstitutionConstitution of the Republic of Ghana, 1992 (1992)

    Fundamental rights affecting arrest, bail, fair trial and the supervisory jurisdiction of the High Court.

    Binds: All courts

Stage by stage

  1. 01

    Check the time limit

    Counsel · C.I. 47 Order 55 r.4 — certiorari within 6 months · day 0

    Certiorari must be brought within six months of the decision. Delay alone can defeat the application.

    Time limit: Certiorari: 6 months from the decision (Order 55 r.4). Other reliefs: without undue delay.

    Authority: Republic v High Court, Accra; Ex parte CHRAJ [2003-2004] SCGLR 312

    Official cost: Interlocutory motion with affidavit — GH₵120.00 (C.I. 86 Sch. 1, Pt. II — motions) · Originating motion / petition — GH₵220.00 (C.I. 86 Sch. 1, Pt. II — originating process)

    Assuming the general limitation period applies instead of the six-month rule.

  2. 02

    Application for leave (ex parte)

    Plaintiff / Applicant · C.I. 47 Order 55 r.3 · day 5

    Ex parte motion, statement and verifying affidavit setting out the grounds relied on.

    Form: Ex parte motion for leave with statement and affidavit — Order 55 r.3 — confirm the form number against the current print

    Assemble: Ex parte motion for leave, Statement, Verifying affidavit, Certified decision

    Official cost: Interlocutory motion with affidavit — GH₵120.00 (C.I. 86 Sch. 1, Pt. II — motions)

  3. 03

    Substantive motion after leave

    Plaintiff / Applicant · C.I. 47 Order 55 r.5 — within 14 days of leave · day 20

    File and serve the substantive motion on notice within 14 days of the grant of leave.

    Time limit: Substantive motion within 14 days of the grant of leave (Order 55 r.5).

    Assemble: Motion on notice, Affidavit in support

    Official cost: Interlocutory motion with affidavit — GH₵120.00 (C.I. 86 Sch. 1, Pt. II — motions) · Service of process by bailiff (within jurisdiction) — GH₵100.00 (C.I. 86 Sch. 2 — service and bailiff allowances)

    Missing the 14-day window, which requires a fresh application.

  4. 04

    Affidavit in opposition and record

    Defendant / Respondent · C.I. 47 Order 55 r.6 · day 34

    The respondent tribunal usually files the record of proceedings challenged.

    Time limit: Affidavit in opposition with the record before the hearing.

  5. 05

    Hearing and ruling

    Court · C.I. 47 Order 55 r.7 · day 60

    Argument is confined to the record and the grounds stated in the statement.

    Authority: Republic v High Court, Koforidua; Ex parte Eastern Regional Development Corp

Official court costs are drawn from the C.I. 86 (2014) as amended — schedule v1 schedule and are recovered from the client at cost, separately from professional fees. Registries assess some charges per page or per mile.

This roadmap is a planning aid, not legal advice. Rules are amended and the court may give directions that displace these defaults — always verify against the cited rule.

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