Private Legal Practitioner, Martin Kpebu says that the process for serving legal documents in Ghana needs to be reviewed.
Speaking on JoyNews’ AM Show, the lawyer explained that the limited number of bailiffs causes delays in the filing and processing of cases.
He pointed out that if processes are filed without payment, they are often neglected, leading to a backlog of cases.
“Let’s give a practical example. Mr. Akakpo sues Dr. Osae Kwapong for $1 million. What we are saying is that, once your lawyer has filed the case in court, for us to go look for Dr. Osae Kwapong, we all know that if you go to CDD, you will find him. CDD is not a place difficult to find.”
“They will tell you that, you have to come and direct service. Long story short, you will pay money. We pay that bribe. We have no option. You don’t pay and see. Then we will not find Dr. Kwapong. We will not find him. The thing will lie down and rot,” he said.
According to Mr. Kpebu, even when a process has been filed and paid for, there is often a need to follow up with the bailiff.
He stated that the bailiff is required to write a report that must be certified by the registrar to confirm that someone has been served.
“The problem with that thing is, if you don’t do the follow-up well, you go to court and without that report, what we call proof of service, the court can’t do business. So it’s a huge problem.”
Mr. Kpebu believes that the bailiff system should be reviewed to include recent Senior High School and university graduates.
He said that this would help to reduce the workload on the current bailiffs, while also providing employment opportunities for young people.
Meanwhile, Chief Justice Gertrude Torkornoo has called on the government to allocate more resources to improve the judiciary system.
According to her, the current administrative work of the judiciary is a manual system, which delays its operations. However, the entire system can be digitalised with proper investments.
Speaking at a press conference on April 8, she said this would allow the judiciary to be accountable to the Ghanaian public by publishing real-time judgments.
“There is a need for the judiciary to make itself accountable by increasing transparency in the process and output of our judgments and decisions through real-time publications of decisions, especially when it comes to decisions on land ownership and other areas of law that affect the economy and social stability of a country,” she said.
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