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The High Court Presided by H/L Justice Francis Obiri J.A sitting as additional High Court Judge has struck out the writ of one Francis Akuamoah Boateng for his failure to pay in full, the amount of GH¢10,000 assessed as fees to be paid for the filing of his writ brought against one Peter Bonsu.
The Court of Appeal Judge performing additional duties at the General Jurisdiction division of the High Court during proceedings as per the ruling of the Court dated 16th March, 2026 invited parties to address it on the effect of failure of the Plaintiff to fully pay fees of the writ caused to be issued.
Upon a consideration of the arguments by both parties and an elegant analysis of the sole-issue before the Court, H/L Justice Francis Obiri struck out the writ holding that the non-payment as admitted by Counsel for the Plaintiff amounted to failure to satisfy a precondition for the issue of the writ of the plaintiff thus depriving the Court of jurisdiction to hear the case of the Plaintiff.
The Court in a discussion of jurisdiction and procedural propriety found that the said failure amounted to a breach of C.I. 86, CIVIL PROCEEDlNGS (FEES AND ALLOWANCES) (AMENDMENT) RULES 2014 and further held that "[25] The Plaintiff’s non-compliance of CI 86 cannot also be waived under Order 81 since it is against a statute other than the Rules of Court. That is, it is against CI 86 and not CI 47."
In clear and forthright terms, the Court held that "[26] It is the view of the Court that, the fact that the Plaintiff failed to pay the appropriate fees as per his reliefs under CI 86, has deprived the State of more than GHS 9,500.00 in terms of revenue on his reliefs ‘e’ and ‘f’ alone, and has also resulted in a failure to properly invoke the jurisdiction of the court due to non-fulfilment of the condition precedent under CI 86. The Court would therefore decline to determine the merits of the case."
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10th Apr, 2026
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