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KOMBAT AND OTHERS
V.
BEDIAKO AND OTHERS EX PARTE KOMBAT

(1971) JELR 68307 (HC)

High Court 28 Jan 1971 Ghana
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- Application for substituted service was refused because the writ of summons did not contain the addresses of the first and second defendants, contrary to procedural rules requiring that addresses be given with as much exactitude as possib

Case Details

Judges:TAYLOR J.
Counsel:E. O. APPIAH FOR THE APPLICANTS.
Other Citations:[1971] 1 GLR 196

TAYLOR J.

On 26 January 1971, the applicants took out a writ of summons accompanied by a statement of claim against the defendants. It is not necessary to set out the nature of the claim but it is noteworthy that apart from endorsing the address of the third defendant on the said writ of summons, the addresses of the first and second defendants were not indicated; Sunyani and Kumasi were the towns respectively appended, against the names of the first and second defendants. On the same day, 26 January 1971 the applicants, by their solicitor, applied to this court by an ex parte motion praying for substituted service of the writ of summons and the statement of claim by ordering the said documents to be served on the third defendant by prepaid registered post. Later on in this ruling I shall consider whether it is proper for the motion to be made ex parte.

Apparently the first and second defendants were lorry owners who had insured their respective vehicles with the third defendant. The sa…

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