In this application the 5th & 6th defendants pray the court to set aside the judgment obtained by the Plaintiff against them as they were not served with the writ of summons and statement of claim.
I have examined the application and the affidavits filed by the parties. I have also read the written submissions filed by both counsel. I have given consideration to Order 7 of C.I. 47. Regard has also been given to the principles governing service of processes and the setting aside of judgments generally.
It is to be noted that though Messrs Djabanor and Co. entered appearance for all the defendants in the suit. There is however no proof of service of the writ of summons and statement of claim on the 5th & 6th defendants on the docket. It therefore appears to me that on the facts the 5th & 6th defendants were not personally served with the writ of summons and statement of claim.
And as Kpegah JSC said in the case of BARCLAYS BANK OF GHANA (Ltd) v. GHANA CABLE CO. LTD AND ORS, [1998-99] SCGLR…