[1977]DLHC1253 • June 20, 1977 • High Court
BAWA vs. OYEGOKE
The plaintiff initiated an action against three defendants, including the first defendant, Abraham Oyegoke, who was resident in Nigeria and occasionally visited Ghana. The plaintiff sought an order for substituted service of the writ of summons on the first defendant via his wife in Nigeria, due to inability to serve him personally within Ghana. The writ lacked the first defendant's address, and the plaintiff did not know his current address in Nigeria or last abode in Ghana.
read moreJUDGMENT OF TAYLOR J. This is an application ex parte by the plaintiff herein for an order in respect of the first defendant for substituted service of the writ of summons in this action, inter alia, on one Alice Abraham said to be the wife of the first defendant who is resident in Nigeria. The application does not concern the second and third defendants. It is not necessary to consider the nature of the claim endorsed on the writ and elaborately set down in the statement of claim. The procedural steps however which the plaintiff took in this action are necessary for the purpose of deciding whether the application should be granted or refused. On 30 November 1976 the plaintiff herein took out a writ of summons against the three defendants herein. As against the first defendant there was no address of any nature indicated on the writ. He was described simply as Abraham Oyegoke of Nigeria. The writ was an ordinary writ for service within the jurisdiction and it was taken under Order 2...