ALHASSAN vs. BOADU

The plaintiff brought an ex parte application under Order 64, rule 6 and Order 8, rule 1 of the High Court Civil Procedure Rules, 1954 (L.N. 140A), seeking an extension of time within which to apply for renewal of a writ issued against the defendant for damages for personal injuries under the Civil Liability Act, 1963 (Act 176). The writ had been issued in respect of an accident said to have occurred on or about 30 October 1973, but it remained unserved after the expiration of twelve months. The supporting affidavit and the court’s docket showed repeated unsuccessful attempts to effect personal service on the defendant, and also showed that an earlier application for substituted service had been struck out for want of prosecution. Portion of judgment: “This is an application ex parte by the plaintiff herein brought under Order 64, r. 6 and Order 8, r. 1 ... for an extension of time within which to apply for a renewal of a writ issued against the defendant for damages for personal injuries under the Civil Liability Act, 1963 Act 176... The accident ... occurred on or about 30 October 1973 ... supported by an affidavit setting out unsuccessful attempts made to effect personal service on the defendant.”