TRANSIT WORLD SERVICES LTD. V. JAN VAN RIJSWIJK

JUDGMENT

KANYOKE, J.A.

This is an appeal against the ruling of the Kumasi Fast Track High Court dismissing a motion on notice filed by learned counsel for the Defendant/Appellant [hereinafter called the defendant] praying the court for the following reliefs:

"[1] An order to set aside the writ of summons and claim in this action and or

[2] An order setting aside or discharging the absconding warrant issued by the order of the court dated 1/11/2004 for the arrest of the Defendant.."

The grounds for the application as deposed in the supporting affidavit were that [1] at all material times to the action the defendant was residing in the Netherlands and domiciled there and [2] that he had no fixed place of abode in Ghana. In the circumstances therefore prior leave was required to issue the writ of summons since that writ had to be served outside the jurisdiction of the court and consequently since no such prior leave of the court was obtained the writ of summons together with the statement of …