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MRS ROSEMARY MANFO
V.
KWAKU GYAN.

(2018) JELR 107426 (HC)

High Court 9 Oct 2018 Ghana
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- Court granted ex parte motion for substituted service under Order 7 Rule 6 of C.I. 47/04, finding sufficient evidence of failed personal service attempts. - Substituted service permitted as proposed in the affidavit; however, request for

Case Details

Suit Number:LD/0845/2018
Judges:NICHOLAS M. C. ABODAKPI
Counsel:GODFRED ABUN-NYARKO FOR MARTIN KPEBU FOR APPLICANT PRESENT

I heard Counsel on his motion ex parte for an order of substituted service he stated that three unsuccessful attempts have been made. He referred to the deposition in support, and EXHIBIT ‘1’ which is an affidavit of non-service. 

BY COURT: RULING

1. In terms of ORDER 7 RULE 6 of C.I. 47/04, this is a proper case in which the application must be granted. I am satisfied with the deposition in support in terms of attempts made at reaching the Defendant without success as supported by Exhibit ‘1’.

2. The motion is granted. The Defendant shall be served as suggested in paragraph 7 of the affidavit in support.

3. The request to serve all other processes by substitution is declined.

4. Posting shall be for 14 days instead of 21 days.

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