MOVING A MOTION IN A GHANAIAN COURT

 MOVING A MOTION IN A GHANAIAN COURT.

A MOTION is synonymous with a REQUEST/ PRAYER to the Court, thus, it ought to be made with all due REVERENCE.

It should be noted that typically, before a motion is orally moved in court, the Motion Paper together with the Affidavit and Exhibits should have been filed and served on both the Court and the other party (the Respondent) in line with Natural Justice. 

A motion may be on Notice (to be served on the other party) or Ex-parte (without notifying or on the blind side of the other side, typically the Respondent).

 

STEP-BY-STEP GUIDE ON MOVING A MOTION IN A GHANAIAN COURT:

1.    Begin by announcing your presence before the Court:

Usually, the Applicant announces his or her presence first.

Tell the Court your Name the right way and the Party you are representing or on whose behalf you are appearing in Court.

Example: “May it please the Court, Susanette F K Simpson, for the Plaintiff/ Applicant”

 

2.    Tell the Court the Business (Agenda) for the day:

This captures the reason (“why”) you have appeared before the court on this day.

Example: “My Lord, before this Honourable court is a MOTION EX PARTE praying this court for an ORDER for SUBSTITUTED Service to serve the Writ of Summons and the Statement of Claim filed on …. day of …. (day, month) 2024.”

 

3.    Move your Motion:

“My Lord, I move this Honourable court in terms of the motion paper filed on  … day of … (day; month), 2024, for substituted service to be effected through the following means:

 

i By putting up the said documents to be served on the Notice Board of this Court

 

ii By DHL (registered post) bearing a return address and addressed to Samuela Simpson of Digital Address GZ-085-3980, Dzorwulu, Accra.

 

In support of our instant Application, we filed an Affidavit deposed to ….

 

4.    Proceed to communicate the crux of your application:

Chronologically tell the Court your story, not forgetting to emphasize why the Court should grant the said order, occasionally referring to relevant case law and authorities as the need be to persuade the court.

 

[Remember the Hierarchy of the court in deciding which case law to cite.]

 

5.    Conclude by expressing your gratitude to the Court:

Simply tell the Court how grateful you are for the audience given to you.

Example: “We are most grateful, my Lord.”

 

In Conclusion, I would like to leave you with this quote: “Practice makes a man perfect.” Seize every opportunity you can to hone your advocacy skills- trust me, you will not regret you did.