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AFRO ARAB MICRO FINANCE V. JOEY MCLAREN HAMMOND

(2017) JELR 64866 (HC)

High Court  •  SUIT NO. CM/BDC/0910/16  •  25 Oct 2017  •  Ghana

Coram
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

Judgement

This is an application to set aside the service of the Writ of Summons and Statement of Claim. I have read the affidavits for and against the grant of the application. I have also listened to both counsel. Consideration has been given to the principles governing the service of processes by substituted service. Regard has also been given to the rules governing the setting aside of default judgments. I am of the view that in applying for an Order of substituted service on the defendant by the plaintiff, the latter failed to inform the court that they knew the residential address of the defendant. The plaintiff rather used the address of the property used by the defendant as collateral as the address for service, thereby misleading the court into making the Order as if the said collateral address was the residential address of the defendant. In all fairness, it is the view of the court that the default judgment obtained by the plaintiff against the defendant was done without good faith. …

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