The 2nd Defendant/Applicant seeks for an order to strike out the writ of summons and the service of the processes on the defendants on the grounds that the 3rd defendant is resident outside the jurisdiction and leave out to have been sought by the Plaintiff/Respondent before issuance of the writ and for service of a notice of the writ on the 3rd defendant.
The 2nd Defendant/Applicant and indeed the rest of the defendants are all resident in Ghana except the 3rd defendant and the applicant who does not complain that the issuance of the writ and service on him is irregular has in this application, assumed the role of the proverbial mourner who wants to mourn more than the bereaved.
It is stated under order 2 Rule 7(5) of the High Court (Civil Procedure) Rules, 2004, C. I 47 that:
“No writ, notice of which is to be served out of the jurisdiction, shall be issued without leave of the Court as provided in Order 8”.
And Order 8 deals with service out of the jurisdiction and notes that no notice…