<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>RICHARD ADJEI-FRIMPONG JA:</u></strong></p><p style="text-align: justify">This appeal turns on a procedural issue not of any wide compass. It has been brought to challenge the decision of the trial High Court to set aside its own judgment previously given in favour of the plaintiff/appellant (herein plaintiff). This was on the basis that the defendant/respondent (herein defendant) was not duly served with the writ and the statement of claim, a position the plaintiff disputes. The trial judge however accepted the defendant’s case resulting in this appeal.</p><p style="text-align: justify">The plaintiff’s writ filed against the defendant was for Declaration of title, recovery of possession, Damages for trespass, Perpetual injunction and Costs. Following a failed attempt at serving the defendant, the plaintiff filed an <em>ex parte</em> application for an order of substituted service. The mode of service proposed in the affidavit in support was as follows:</p><p style="text-align: justify"><em>a. Copies posted on the structure on the disputed land situate at Odokor Tsuim also known as Odorkor-been-to, plot N…</em></p>