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If a writ of summons is filed, and after unsuccessful attempts at service by the bailiff, the plaintiff sends a soft copy of the writ to someone who knows the defendant, and the defendant's lawyer enters appearance and files a statement of defence, has the lawyer waived his right to seek that the court set aside the service of the writ?

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Answers (1)

SA

Sophia Acquaye

Jun 14 2023

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Yes. This is because in the Ghanaian context, Order 9 of the High Court Civil Procedure Rules 2004 is to the effect that a defendant who seeks to set aside the writ or service of same must enter conditional appearance and make an application for the writ or the service of same to be set aside. Where the defendant in person or by his lawyer enters unconditional appearance or takes a fresh step such as filing a statement of defence after entering conditional appearance, he will be deemed to have waived his right.

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