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 1st Defendant and guaranteed by the 2nd and 3rd 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 1st Defendant in the absence of the 2nd and 3rd Defendants and therefore were not proper service in accordance with court rules.
b. The residential addresses of the 2nd and 3rd Defendants ought to have been stated on the face of the Writ of Summons.…