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

(2010) JELR 65359 (CA)    
Court of Appeal  ·  SUIT NO: HI/04/2010 ·  26 Nov 2010 ·  Ghana
CORAM
MARIAMA OWUSU JA [PRESIDING], FRANCIS G KORBIEH JA, IRENE C DANQUAH JA
Core Terms Beta
affidavit
defendants
appellants
counsel
plaintiff
writ
law clerk
business of banking
money lender
additional grounds
f. g. korbieh
mariama owusu
residential addresses
statement of claim
above suit authority
body corporate
bona fide
careful reading of that section
co-operative society act
copies of writ of summons
court rules
defendants reasons
firm of the solicitors
grounds of appeal
high court kumasi
incorporated body
instant case
inter alia
jurisdiction of the court
leave of the court
light of section
limited liability company
mandatory provisions of order
mandatory provisions of the rules of court
mandatory provisions of the rules of the court
money lenders act
moneylender’s action
notice of appeal
omission of the word
person bona fide
person carries
primary object
significant changes
special act
trial judge
typographical error

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.…

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