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(1972) JELR 65158 (HC)

High Court  •  23 Mar 1972  •  Ghana



MENSA BOISON J.: On a claim for a debt of ¢900.00 against the two defendants jointly and severally the District Court Grade I, Kumasi, presided over by Mr. T. B. G. S. Addo, district magistrate, gave judgment for the plaintiff in the absence of the defendants as an “undefended” cause.

The certificate of service of the writ of summons made by the bailiff stated: “On the 17th day of July, 1970 at 2.00 p.m. a copy of this summons was served on Kwaku Poku [i.e. the appellant] through Juamina.” In evidence on a motion for stay of execution the said bailiff explained that when he went to the village he found Juamina, the non-appellant, who told him that the appellant had gone to farm. So he “served both copies of the writ of summons on Juamina for him to give the other copy to his brother . . . At first he protested but later accepted them.” In the proceedings for stay of execution the trial court found as a fact that the appellant had actual notice of the writ of summons.

The only ground of …

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