Customer Support

GEORGE KOFI BOATENG
V.
NEW PATRIOTIC PARTY

(2018) JELR 64696 (HC)

High Court 18 Jun 2018 Ghana
BriefBot icon

BriefBot Summary

Free

- Service of court process on a political party must comply with Order 7 r 5(1) of C.I. 47: service must be effected on the chairman, president, secretary, treasurer, or other similar officer, or at the registered/head office; service on un

Case Details

Suit Number:SUIT NO: E12142/2018
Judges:ERIC BAAH JUSTICE OF THE HIGH COURT
Counsel:EMILE ATSU AGBAKPE FOR PLAINTIFF/RESPONDENT ,ERNEST YAO GAEWU FOR DEFENDANT/APPLICANT

BAAH, J.

A. INTRODUCTION

I am compelled by this application to determine the nature and effect of a bailiff's proof of service in pursuance of Order 7 r 1, C.I. 47 and whether a political party; by reason of being a body corporate under the Political Parties Act, 2000, Act 574, is qua a company or corporation and therefore amenable to the provisions of section 263 of the Company's Act, 1963, Act 179. I will determine the office and officials of a political party upon which and whom processes can be served and consider whether an administrator at a regional office of a party is one such person. I will also consider whether a court process can validly be served on the regional office of the party; instead of at the head office.

I will finally determine the nature and effect of non-compliance with the provisions on service of court processes and whether they apply to this case.

B. THE APPLICATION

The Defendant/Applicant's (hereafter Applicant) motion on notice dated 18 May 2018 prays the cour…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.