[1973]DLHC2398 • November 7, 1973 • High Court
LARTEY vs. OFORI AND ANOTHER
The plaintiff issued a writ on 11 June 1970 against the defendants but was unable to serve them despite attempts in Kumasi and Mampase-Bekwai. A praecipe for search for appearance was filed by the defendants' solicitors, but the defendants remained unserved. The registrar issued a summons to strike out the action for want of prosecution, which was served on the first defendant and solicitors but not on the plaintiff personally. The suit was struck out on 28 February 1972 due to nonappearance. The plaintiff, having been ill and away for medical treatment, was unaware of the striking out and later applied to set aside the order and relist the case.
read moreThis was a motion by the plaintiff-applicant to set aside the order of this court made on 28 February 1972 striking out his action for want of prosecution under Order 62, rr. 1 and 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). The writ issued by his solicitor was sealed on 11 June 1970. After respective attempts had been made at Kumasi and Mampase-Bekwai on 15 and 16 July 1970 to serve them, the defendants could not be found. But after these fruitless attempts to serve the defendant on 15 and 16 July 1970 a solicitor signing “for: Agent for Messrs. Lynes Quashie-Idun & Co., Solicitors for the defendants’ did file on 28 July 1970 (about twelve days after the fruitless attempts to serve the defendants) a praecipe (for search for appearance) which states: “I hereby apply for search for appearance to the plaintiff’s writ of summons by the defendants herein in the above-named suit.” And the return by the registrar as endorsed on the praecipe was: “Bot...