Y. K. QUARTEY
V.
JOHN HAMMOND

(1999) JELR 63909 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 17/99 ·  23 Dec 1999 ·  Ghana
CORAM
ESSILFIE-BONDZIE JA (PRESIDENT), TWUMASI JA., ARYEETEY JA.
Core Terms Beta
defendant
plaintiff
case
service
court
order
trial judge
counsel
6th july
record
appeal
copy
circuit court
learned trial judge
apparent reason
effect
high court
law
matter
motion ex-parte
notice board
party
12th july
19th july
28th february road court complex
6th day of july
additional grounds of appeal
amendment of the title of the suit
cardinal principle of law
case of williams v
default judgment
ex-parte application
face of the mandatory requirement of order
following manner
further proceedings
hearing notice
last known address of counsel
learned judge
learned trail judge
main grounds
mandatory provisions of order
number of grounds
post
record of proceedings
said adjourned date
said judgment
said order
service of process
time defendant

JUDGMENT

ESSILFIE-BONDZIE JA.:

The facts in this appeal are simple and straight forward. The plaintiff took out writ for declaration of title, recovery of possession of the land in dispute, damages for trespass and perpetual injunction. The suit was instituted on the 19th July 1991. Pleadings were closed before the Circuit Court with the taking of summons for Directions on the 29th January 1992.

Subsequently there was on application for amendment of the title of the suit on the 24.3.92. It is on record that there were on further proceedings from the 24.3.93 until 25.1.94 when plaintiff filed a motion ex-parte for substituted service.

In his judgment the learned trial judge also buttressed these facts. He commenced his judgement thus:—

“The suit was instituted some where in 1991 and for no apparent reason went into abeyance until June 1995 when counsel for the plaintiff caused it to be reviewed.”

On the 12th July 1994 however, the Court granted on ex-parte application for substituted service…

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