The judicial power of the State may be invoked by commencing an action as prescribed by the rs of Court. (See Gbedemah v. Awoonor Williams).

NB! The essence of judicial power is to make a pronouncement that has a coercive effect. The only way one can invoke the judicial power of the State is by commencing an action according to the prescribed rs. Such compliance necessarily invokes the jurisdiction of the Court. It sets in motion a process of adjudication resulting in the granting or denial of the remedy sought. So an action is commenced by the plaintiff filing the prescribed process in the Registry of the Court at the venue of the Court, against the defendant.

Order 2 r1. Defines a “plaintiff” as a person seeking a relief against another person whether by action, petition, pursuit, motion, summons or otherwise.

Likewise a “defendant” is the person served with the writ or process who is entitled to enter the Court.

NB! Order 2 r 1 says “subject to any existing enactment to the contrary, the party who commences civil proceedings shall be described as “plaintiff” and the opposing party shall be described as “defendant”.

Constitutional source and nature of judicial power

The supplied note rightly emphasises that judicial power is coercive and must be invoked through the courts. For students this should be tied to the Constitution. Article 125(1)–(3) of the 1992 Constitution vests the judicial power of Ghana in the Judiciary and makes clear that neither the President, Parliament nor any of their organs may be given final judicial power. That constitutional vesting is the foundation for the proposition that private parties invoke State judicial power by commencing proceedings under the procedural rules and statutes that Parliament has enacted.

Constitution of the Republic of Ghana, 1992, Article 125(1)–(3) (text). Supports: the constitutional vesting of judicial power in the Judiciary and the principle that no other organ may be given final judicial power.

What it means to 'commence an action' — the triggering steps and the 'prescribed process'

The phrase 'commence an action according to the prescribed rules' in your note requires unpacking in practice. Commencement means delivering to the court registry the particular originating process (writ, originating summons, petition, motion, or other process) specified by the applicable rules or statute, paying any prescribed fees, and complying with any statutory requirements (for example particular indorsements where the plaintiff sues on behalf of or for a person outside Ghana). The originating document must ordinarily be lodged at the correct registry/venue so the court’s jurisdiction is properly engaged. After filing, the registry will usually docket the matter and issue the process for service on the defendant(s).

Which document is the 'prescribed process' depends on (a) the nature of the relief sought and (b) any statute that prescribes a particular procedure. For ordinary civil claims the High Court (Civil Procedure) Rules (C.I. 47) (as amended) set out the forms and processes: writs of summons, statements of claim, originating summonses, petitions, and interlocutory processes. Statutes sometimes require a petition or special procedure (for example election petitions or certain public law claims). Where statute prescribes a form or exclusive procedure that must be complied with, failure to use that procedure can be fatal to the claim.

High Court (Civil Procedure) Rules, 2004, C.I. 47 (as amended), Rule 1 (title of parties) and the orders governing commencement and forms. Supports: the procedural rules that prescribe how civil proceedings are commenced and the types of originating processes.

How commencement relates to jurisdiction (what filing actually does)

Filing the prescribed originating process at the correct registry ordinarily confers on the court the procedural jurisdiction to adjudicate the claim — that is, it places the dispute before the court and starts the court’s case-management and adjudicative machinery (service, pleadings, directions, trial). But two caveats are important for students: (1) subject‑matter jurisdiction is constitutional/statutory and cannot be created simply by filing — if the court lacks substantive jurisdiction over the type of dispute (for example where exclusive jurisdiction is given elsewhere by statute or by the Constitution), filing alone will not cure that defect; (2) if Parliament or a statute prescribes an exclusive forum or special procedure (e.g. election or tribunal processes), filing in the wrong forum or by the wrong process may leave the court powerless to entertain the claim.

Gbedemah v Awoonor‑Williams, (commonly reported circa 1969–1970) (Court of Appeal sitting as Supreme Court). Supports: the principles on invoking the court's original and exclusive jurisdiction and the limits of exercising constitutional enforcement jurisdiction where statute provides an exclusive remedy. (Students should consult the report in the Ghana law reports or Gyandoh & Griffiths sourcebook for the text and majority/dissenting passages.)

Definitions: 'plaintiff' and 'defendant' — labels and exceptions

Order 2 rule 1 of C.I. 47 defines party titles: subject to any enactment to the contrary, the party who commences civil proceedings is the 'plaintiff' and the opposing party is the 'defendant'. This is a default naming rule. Practically, many proceedings do not use those labels because statute or the rules employ others (for example 'applicant' and 'respondent' in many interlocutory or judicial review proceedings, 'petitioner' and 'respondent' in petitions, or 'claimant' in some contexts). Where an enactment prescribes alternative titles or special procedures (e.g. probate, insolvency, election petitions) those statutory titles and procedures prevail.

High Court (Civil Procedure) Rules, 2004, C.I. 47, Order 2, Rule 1 ('Title of Parties'). Supports: the default rule that the party who commences civil proceedings is styled 'plaintiff' and the opposing party 'defendant', subject to contrary enactment.

Service, venue and filing — practical steps that give effect to commencement

Commencing an action is only the first step: service on the defendant and proper venue are necessary for the court to exercise personal jurisdiction and to bind the parties by its orders. The rules require that the originating process be served on the defendant in the prescribed manner and within the prescribed time. If a defendant is outside Ghana, special indorsement and service requirements may apply. Venue rules (which registry to file at) follow the rules and statutes: filing at the wrong venue can create procedural objections and may lead to transfer or dismissal. Practitioners must check C.I. 47 provisions on service (including substituted service and service on corporate bodies), the national rules on venue, and specific statutes which alter service or venue for particular kinds of causes.

High Court (Civil Procedure) Rules, 2004, C.I. 47 (provisions across Orders on service, notices of appearance, and filing procedures). Supports: requirements for service, notice of appearance, and registry filing formalities.