[2012]DLHC16760 • February 20, 2012 • High Court
SOLACE ADOGLA AND ALFRED DORIAL AKUIVOR vs. NANA ESSEL II & 7ORS
RULING MOTION TO SET ASIDE WRIT This is an application filed at the instance of the 2nd and 3rd defendants praying for an order setting aside the writ of summons sealed in this registry in this case on 03/02/11. The application is premised on the following grounds: i. failure (by the Plaintiffs) to endorse on it (the writ), the address of service of the Plaintiffs, that is to say, their occupational and residential address, besides the business address of their lawyer, contrary to Order 2 r 3 of CI 47; ii. a writ of summons cannot be issued against nameless defendant like the 8th defendants, the so-called “The Other occupiers”; iii. the writ was issued against several persons as defendants yet no leave of the court was obtained for so doing nor is there anything on which indicates that if separate actions were brought against each of them some common question of law or fact would arise in all the actions and that all rights of the Plaintiffs to relief ...