EDWARD WIREDU J.
This is an application ex parte by the plaintiff herein brought under Order 64, r. 6 and Order 8, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), for an extension of time within which to apply for a renewal of a writ issued against the defendant for damages for personal injuries under the Civil Liability Act, 1963 (Act 176). The present application has been provoked by the fact that the writ has remained unserved after expiration of twelve months. The accident in respect of which the action was commenced occurred on or about 30 October 1973 and the application itself is supported by an affidavit setting out unsuccessful attempts made to effect personal service on the defendant.
The issues raised for consideration are: (a) what is the effect of a writ which had not been served within twelve months? Whether it is a dead writ and therefore incapable of being renewed; (b) if not dead whether the court has power to grant an extension of time under Order 64…