YARTEL BOAT BUILDING CO. vs. ANNAN

On 21 January 1987, the plaintiff took out a writ of summons against the defendant claiming the sum of ¢237,500 being the balance of a contract price for work done by the plaintiff. The writ, categorised as specially indorsed, was sealed at 10.30 am on the said date. It was not accompanied with any statement of claim. On the said date and time aforesaid, the plaintiff also filed a summons for judgment for the amount indorsed on the writ. The affidavit in support gave a detailed account as to how the debt of ¢237,500 was incurred by the defendant. The agreement was also exhibited by the plaintiff. The return date on the summons for judgment was 2 February 1987. The writ together with the summons for judgment were forwarded to the Registrar, District Court Grade II, Elmina for service on the defendant. Both processes were served on the defendant on 13 January 1987 at 9 am. When the application for judgment came on for hearing on 2 February 1987, there was no proof of service so it was.....