This is an appeal lodged by the Plaintiff/Respondent/Appellant, hereinafter referred to as the Plaintiff, against the Court of Appeal decision dated 28th June 2012 which was in favour of the Defendant/Appellant/Respondent hereinafter referred to as the Defendant, which judgment set aside the earlier Kumasi High Court decision of 26th June 2007 presided over by Frank Amoah J.
The Plaintiff who was involved in a motor traffic accident, instituted Suit No. E8/9/05 against one Aaron Owusu Mensah as defendant before the High Court, Kumasi on 12th August 2004.
It is to be noted that, as the said Aaron Owusu Mensah could not be personally served with the writ of summons, the Plaintiff therein in the suit referred to supra, applied for substituted service to have the said defendant served by registered post to P. O. Box 252, Kumasi.
Paragraph 9 of the reply of the Plaintiff in the instant suit captures the said proceedings as follows:
“On 30/8/04 when the defendant Aaron Ow…