AMALGAMATED BANK GHANA LIMITED
V.
JOEVIDE COMPANY LIMITED AND 2 OTHERS

IRENE C DANQUAH JA

Amalgamated Bank Ghana Limited, the Plaintiff brought an action against the three Defendants jointly and severally inter alia to recover the sum of GH¢75, 306.77 being the debt outstanding on a discounted facility granted to the 1^st Defendant and guaranteed by the 2^nd and 3^rd Defendants. After the Defendants had been served with the writ, they entered conditional appearance. The Defendants subsequently filed a motion to have the writ and service thereof set aside and/or dismissed for non-compliance with mandatory provisions of the rules of the Court.

The Defendants reasons as deposed to in the affidavit in support in summary were that;

a. “Three copies of Writ of Summons and Statement of Claim were left at the offices of the 1^st Defendant in the absence of the 2^nd and 3^rd Defendants and therefore were not proper service in accordance with court rules.

b. The residential addresses of the 2^nd and 3^rd Defendants ought to have been stated on the face of the Writ of Summons.

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