ASANTE vs. AGYEI AND ANOTHER

JUDGMENT OF AMMAH J. This is an application ex parte by the plaintiff per his counsel for an extension of time to renew the writ of summons under Order 64, r. 6 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). It is accompanied by an affidavit setting out the facts relied upon. The renewal of a writ is dealt with under Order 8, r. 1 of L.N. 140A. By that rule “ . . . the plaintiff may, before the expiration of the twelve months, apply to the Court or a Judge, for leave to renew the writ; . . .” In this case the writ was filed on 18 August 1983. It is clear that the present application filed on 16 July 1986 is long after the expiration of the twelve months’ period allowed by Order 8, r. 1, hence the application for an extension of time to renew the writ. In support of the present application filed on 16 July 1986 it is deposed as follows in paragraph 3 and 4 of the affidavit by the plaintiff-applicant. “3. That the third defendant was out of the coun...