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ALFA MANUFACTURING CO., LTD. V. NYAMEKEH

(1981) JELR 64494 (HC)

High Court  •  12 May 1981  •  Ghana

Coram
CECILIA KORANTENG-ADDOW J.

Judgement

JUDGMENT

CECILIA KORANTENG-ADDOW J.

This is an application to set aside the writ of summons specially endorsed with claims for re-instatement of the plaintiff to his former position as a manager of the defendant- company, and payment of his salary or in the alternative damages for breach of contract and other consequential losses.

The defendants have through their solicitors entered conditional appearance to the writ and by this motion, they are seeking to set the writ aside on the grounds that the copy which was served on them was not signed either by the plaintiff or his solicitors. Mr. Akuffo, counsel for the defendants contends that the unsigned writ is a nullity and therefore void ab initio.

In reply Mr. Arthur-Mensah, counsel for the plaintiff, has argued firstly, that the reverse side of the writ bears the name and address of service of the solicitors who issued the writ, and secondly, that the writ was

issued together with statement of claim and the two documents were delivered tog…

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