Customer Support

LOKKO
V.
LOKKO

(1991) JELR 69379 (CA)

Court of Appeal 27 Jun 1991 Ghana
BriefBot icon

BriefBot Summary

Free

- Court of Appeal held that issuing a writ against a defendant with a foreign address does not contravene Order 2, r. 4 of L.N. 140A if service is effected within the jurisdiction through the defendant’s local solicitor or attorney, and lea

Case Details

Judges:ESSIEM JA, OFORI-BOATENG JA, ADJABENG JA
Counsel:A. AMARTEIFIO FOR THE APPELLANT; PETER ADJETEY S.A.G. FOR THE RESPONDENT.
Other Citations:[1991] 2 GLR 184

OFORI-BOATENG J.A.

The plaintiff-appellant (hereinafter referred to as the appellant) and the defendant-respondent (hereinafter referred to as the respondent) used to be husband and wife. After they had divorced, they locked horns over the ownership of a piece of land with a house on it.

The respondent was resident in the United States when the appellant issued a writ against her. Her address was: c/o Head of Mission, Ghana Permanent Mission to the United Nations, New York, USA. In spite of the fact that the respondent had a foreign address indicating that when the writ was issued it would be served outside the jurisdiction, the appellant issued the writ without the usual leave of the court, contrary to Order 2, r. 4 of the High Court (Civil Procedure) Rules, 1954 (L.N.140A). He however applied for leave to serve the writ out of the jurisdiction.

Before this application for service out of the jurisdiction could be dealt with, the respondent, by her solicitors, entered appearance sealed o…

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.