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(2024) JELR 113416 (HC)

High Court 24 Oct 2024 Ghana
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- The defendant, a resident in Ireland, applied to set aside a High Court judgment entered on 12 October 2022, arguing absence of proper service and noncompliance with mandatory statutory and procedural requirements, thus rendering the judg

Case Details

Suit Number:C1/192/21
Judges:JUSTICE HANNAH TAYLOR (MRS)
Counsel:MATILDA KWARTENG FOR PLAINTIFF RAPHAEL DARKO FOR THE DEFENDANT
Location:Kumasi

R U L I N G

This ruling is in respect of an application filed by the defendant/ applicant hereinafter referred to as defendant for an order to set aside the judgment of this honourable Court dated the 12th day of October, 2022 and all processes on account of flagrant breaches of mandatory statutory and procedural requirements, for which reason, the judgement so delivered is a nullity.

In praying for this order, the defendant in the supporting affidavit to the application states that he is ordinarily resident in Ireland – Europe for the past twenty years and his address is 22 Camlin Meadous Towns Park, Longford – Ireland. With this knowledge, the plaintiff filed a process for leave to serve the defendant out of the jurisdiction of the Court as per the Exhibit IGIT-2.

However, the plaintiff did not comply with the mandatory and procedural rules of the Court to invoke its jurisdiction and the defendant was never properly notified of the pendency of this suit, therefore, the Court lacked jur…

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