EDC STOCKBROKERS V. CIG MICROFINANCE LTD AND 7 OTHERS
(2017) JELR 67395 (HC)
High Court
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SUIT NO. CM/0080/15
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9 Nov 2017
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Ghana
Coram
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Appearances
FRED ASARE DANQUAH FOR PLAINTIFF ,KEN TSCHRIDI FOR 5TH & 6TH DEFENDANTS
Judgement
<p>In this application the 5<sup>th </sup>& 6<sup>th </sup>defendants pray the court to set aside the judgment obtained by the Plaintiff against them as they were not served with the writ of summons and statement of claim.</p><p>I have examined the application and the affidavits filed by the parties. I have also read the written submissions filed by both counsel. I have given consideration to Order 7 of C.I. 47. Regard has also been given to the principles governing service of processes and the setting aside of judgments generally.</p><p>It is to be noted that though Messrs Djabanor and Co. entered appearance for all the defendants in the suit. There is however no proof of service of the writ of summons and statement of claim on the 5<sup>th </sup>& 6<sup>th </sup>defendants on the docket. It therefore appears to me that on the facts the 5<sup>th </sup>& 6<sup>th </sup>defendants were not personally served with the writ of summons and statement of claim.</p><p>And as Kpegah JSC said in the case of <a class="case case-considered-highlight" href="/case/barclays-bank-of-ghana-ltd-v-ghana-cable-co-ltd-ors">BARCLAYS BANK OF GHANA (Ltd) v. GHANA CABLE CO. LTD AND ORS, [1998-99] SCGLR…</a></p>