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LOKKO V. LOKKO

(1991) JELR 69379 (CA)

Court of Appeal  •  27 Jun 1991  •  Ghana

Coram
ESSIEM JA, OFORI-BOATENG JA, ADJABENG JA

Appearances
A. AMARTEIFIO FOR THE APPELLANT; PETER ADJETEY S.A.G. FOR THE RESPONDENT.

Judgement

OFORI-BOATENG J.A.

The plaintiff-appellant (hereinafter referred to as the appellant) and the defendant-respondent (hereinafter referred to as the respondent) used to be husband and wife. After they had divorced, they locked horns over the ownership of a piece of land with a house on it.

The respondent was resident in the United States when the appellant issued a writ against her. Her address was: c/o Head of Mission, Ghana Permanent Mission to the United Nations, New York, USA. In spite of the fact that the respondent had a foreign address indicating that when the writ was issued it would be served outside the jurisdiction, the appellant issued the writ without the usual leave of the court, contrary to Order 2, r. 4 of the High Court (Civil Procedure) Rules, 1954 (L.N.140A). He however applied for leave to serve the writ out of the jurisdiction.

Before this application for service out of the jurisdiction could be dealt with, the respondent, by her solicitors, entered appearance sealed o…

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