PROCREDIT SAVINGS & LOANS COMPANY LIMITED vs. KWAKU DUODU & 3 OTHERS.

This is a Loan Recovery action in which the Plaintiff Bank is claiming an amount of Forty Five Thousand Six Hundred and Ninety Seven Ghana Cedis, Ninety Seven Pesewas being the outstanding debt of the Defendants together with interest. The 4th Defendant was never served with the writ of summons and statement of claim. Irrespective of the fact that a lawyer purported to have entered appearance on behalf of all the Defendants and proceeded to file a defence on their defence, no proceedings can be taken against the 4th Defendant in the absence of proof of service of the writ of summons and statement of claim on him. Also, this 4th Defendant never appeared in court and it is doubtful whether the lawyer who purported to have entered appearance on his behalf received instructions from him. Any proceedings against him under these circumstances will be void. The Supreme Court so held in the case of Barclays Bank v Ghana Cable (1998-99) SCGLR 1 as follows: “ A court has generally no j.....