RULING
This motion paper and the deposition in support with two annexures were field on 25/02/2019. The relief in the motion paper is a request for an order to set aside the service of a purported amended writ of summons.
The deposition in the affidavit in support is made the 1st Defendant, Solomon Owusu Tabiri. He stated that, this Court had granted an order for substituted service of an amended writ. And that Exhibit ‘EAA 1’ and ‘EAA 2’ are the processes that came to his Notice.
In conclusion, he stated the writ of summons that came to his Notice is the same as that writ filed on 07/01/2010.
This Court has examined exhibit ‘EAA1’, it is the order for substituted Service of amended writ of summons and statement of claim. The process was to be served on 2nd Defendant in the action, or his caretaker or workmen.
And Exhibit ‘EAA 2’ is the writ of summons. On the face of the record, it had been field on 07/01/2010, it has Solomon Owusu Tabiri alone as the Defendant.
In effect, the case of appl…