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LARTEY
V.
OFORI AND ANOTHER

(1973) JELR 68880 (HC)

High Court 7 Nov 1973 Ghana
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- The plaintiff filed a motion to set aside the court's order striking out his action for want of prosecution. - The writ was issued on 11 June 1970 but the defendants could not be found for service. - The defendants' solicitor filed a prae

Case Details

Judges:ANTERKYI J.
Counsel:DR. I. L. OHENE-DJAN FOR THE PLAINTIFF; S. K. K. SOTOMEY FOR THE DEFENDANTS.
Other Citations:[1973] 1 GLR 230

ANTERKYI J.

This was a motion by the plaintiff-applicant to set aside the order of this court made on 28 February 1972 striking out his action for want of prosecution under Order 62, rr. 1 and 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A).

The writ issued by his solicitor was sealed on 11 June 1970. After respective attempts had been made at Kumasi and Mampase-Bekwai on 15 and 16 July 1970 to serve them, the defendants could not be found. But after these fruitless attempts to serve the defendant on 15 and 16 July 1970 a solicitor signing “for: Agent for Messrs. Lynes Quashie-Idun and Co., Solicitors for the defendants’ did file on 28 July 1970 (about twelve days after the fruitless attempts to serve the defendants) a praecipe (for search for appearance) which states: “I hereby apply for search for appearance to the plaintiff’s writ of summons by the defendants herein in the above-named suit.” And the return by the registrar as endorsed on the praecipe was: “Bo…

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