ASANTE
V.
AGYEI AND ANOTHER

(1986) JELR 65772 (HC)    
High Court  ·  24 Jul 1986 ·  Ghana
CORAM
AMMAH J.
Core Terms Beta
third defendant
service
months
plaintiff
substitution
writ
case
expiration
ghana
plaintiff’s solicitor
renewal of a writ
writ of summons
affidavit
court of appeal
extension of time
personal service
rule
affidavit of service
american oil co. ltd.
ammah j.
application ex parte
brown bayley’s steel works ltd.
c.a
case of ofori v
civil procedure
defendant of a defence of a statute
england
english equivalent
english rules
general principle
high court
instant case
l.n. 140a
managing clerk
months’ period
old principle
plaintiff-applicant
present application
principle of law
proper thing
reason of the plaintiff
renewal of writs
rules
support of the present application
third defendant’s address
time of the issue of the writ
transport services
way of personal service
wisdom of the framers of the rules
year of the issue of the writ

AMMAH J.: This is an application ex parte by the plaintiff per his counsel for an extension of time to renew the writ of summons under Order 64, r. 6 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). It is accompanied by an affidavit setting out the facts relied upon. The renewal of a writ is dealt with under Order 8, r. 1 of L.N. 140A. By that rule “ . . . the plaintiff may, before the expiration of the twelve months, apply to the Court or a Judge, for leave to renew the writ; . . .”

In this case the writ was filed on 18 August 1983. It is clear that the present application filed on 16 July 1986 is long after the expiration of the twelve months’ period allowed by Order 8, r. 1, hence the application for an extension of time to renew the writ.

In support of the present application filed on 16 July 1986 it is deposed as follows in paragraph 3 and 4 of the affidavit by the plaintiff-applicant.

“3. That the third defendant was out of the country. I could not serve him with the wr…

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