[1995]DLCA6213July 13, 1995Court of Appeal

ADU POKU vs. D. H. L.

LAMPTEY, J.A. The plaintiff respondent Ex-Warrant Officer Adu Poku by his counsel obtained leave of the High Court, Accra presided over by Armah, J. on 29th May, 1992, to issue a writ of summons accompanied by a Statement of Claim against the defendant appellant company and for a further order to serve same out of the jurisdiction. The appellant Co., which is based in London on being duly served with process on 6th July, 1992, instructed Solicitors in Accra to act on his behalf. On 25th August, 1992, solicitors for the appellant company filed a notice of motion for an order discharging the order made by Armah, J. The application was resisted by the plaintiff. It was heard by Akoto Bamfo (Mrs.) J, who dismissed it. The appellant company was aggrieved by the Ruling dismissing the application and appealed to this court. Before I proceed to deal with the instant appeal on the merits, I must draw attention to what I believe to be an administrative lapse which must and ought to be corr...