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SIGNAL OIL AND GAS CO. AND ANOTHER V. BRISTOW HELICOPTERS LTD. AND ANOTHER

(1969) JELR 64864 (HC)

High Court  •  14 Jul 1969  •  Ghana

Coram
GRIFFITHS-RANDOLPH J.

Judgement

GRIFFITHS-RANDOLPH J.

[His lordship stated the facts as summarised in the headnote and continued:]

The arguments of counsel would appear to raise the following posers, which I shall endeavour to answer: (1) What is the true position regarding the granting of leave by a court in this country for the issue of a writ of summons and the service of it on a party in another country? It is relevant to refer to the provisions of Order 11, r. 1 (c), (e), (ee) and also rules 2A, 4 and 6 of the High Court Civil Procedure) Rules, 1954 (LN 140A), which are as follows:

“1. Service out of the jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the Court or a Judge whenever—
...
(c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or
...
(e) the action is one brought against a defendant not domiciled or ordinarily resident in the United Kingdom to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover …

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