[1973]DLHC11013 • March 5, 1973 • High Court
POTSIA AND ANOTHER vs. KLU
The plaintiff commenced an action by writ filed on 4 March 1969. The writ was renewed for six months from 2 March 1970 by court order. The defendant was served with a copy of the writ and statement of claim on 9 March 1970 in Accra, but the copy served lacked the renewal endorsement. The defendant entered a conditional appearance and later filed motions to set aside the service of the writ, arguing the writ was not in force at the time of service due to lack of renewal endorsement on the copy served.
read moreThis is an application on notice of motion to set aside the service of the writ of summons on the defendant on the ground that the writ was served after the expiration of twelve months when the writ was not in force. From the affidavits and the court docket, the facts I find are as follows: The action was commenced by a writ filed on 4 March 1969. By an ex parte application filed on 2 March 1970, and heard on 16 March 1970, leave was granted to the plaintiff to renew the writ for six months as from 2 March 1970. The original writ on the court’s docket bears the following endorsement duly signed by the Senior High Court registrar: “Renewed writ of summons by order of the court dated 16 March 1970, for six months from 2 March 1970”. On 9 March 1970, the defendant was served in Accra with a copy of the writ and the statement of claim. It appears the writ and the statement of claim were already with the bailiffs in Accra before the renewal; and the copy of the writ served had no...