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GEORGE KOFI BOATENG V. NEW PATRIOTIC PARTY

(2018) JELR 64696 (HC)

High Court  •  SUIT NO: E12142/2018  •  18 Jun 2018  •  Ghana

Coram
ERIC BAAH JUSTICE OF THE HIGH COURT

Judgement

BAAH, J.

A. INTRODUCTION

I am compelled by this application to determine the nature and effect of a bailiff's proof of service in pursuance of Order 7 r 1, C.I. 47 and whether a political party; by reason of being a body corporate under the Political Parties Act, 2000, Act 574, is qua a company or corporation and therefore amenable to the provisions of section 263 of the Company's Act, 1963, Act 179. I will determine the office and officials of a political party upon which and whom processes can be served and consider whether an administrator at a regional office of a party is one such person. I will also consider whether a court process can validly be served on the regional office of the party; instead of at the head office.

I will finally determine the nature and effect of non-compliance with the provisions on service of court processes and whether they apply to this case.

B. THE APPLICATION

The Defendant/Applicant's (hereafter Applicant) motion on notice dated 18 May 2018 prays the cour…

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