[1991]DLCA2273 • June 27, 1991 • Court of Appeal
LOKKO vs. LOKKO
The appellant and respondent, formerly husband and wife, disputed ownership of land with a house. The respondent resided in the United States when the appellant issued a writ against her, addressed to her foreign address. The writ was issued without the court's leave for service outside jurisdiction, contrary to Order 2, r. 4 of the High Court Civil Procedure Rules, 1954 (L.N. 140A). The respondent entered appearance through solicitors in Ghana and challenged the writ's validity on grounds of procedural irregularity.
read moreThe plaintiff-appellant (hereinafter referred to as the appellant) and the defendant-respondent (hereinafter referred to as the respondent) used to be husband and wife. After they had divorced, they locked horns over the ownership of a piece of land with a house on it. The respondent was resident in the United States when the appellant issued a writ against her. Her address was: c/o Head of Mission, Ghana Permanent Mission to the United Nations, New York, USA. In spite of the fact that the respondent had a foreign address indicating that when the writ was issued it would be served outside the jurisdiction, the appellant issued the writ without the usual leave of the court, contrary to Order 2, r. 4 of the High Court (Civil Procedure) Rules, 1954 (L.N.140A). He however applied for leave to serve the writ out of the jurisdiction. Before this application for service out of the jurisdiction could be dealt with, the respondent, by her solicitors, entered appearance sealed on 1 August 1986...