TOTAL PETROLEUM GH LTD & 3 ORS (PLAINTIFFS) vs. GHANA AIRPORTS CO. LTD (DEFENDANT)

In this application, the defendant/applicant (herein after called the defendant) is seeking an order of the court to set aside the service of the writ of summons served on the defendant. The main contention of the defendant is that the purported service of the writ of summons on defendant through Georgina Akuoko is not a proper service as it was done contrary to the laid down rules of service of documents on a company. Briefly, the material facts giving rise to this application is that, on the 20th of April, 2016, the plaintiff/respondent (herein after called the ‘plaintiff’) filed at the registry of this court, a writ of summons, accompanied with a statement of claim and a motion for interlocutory Injunction. An affidavit of service on the record reveals that the defendant was served on the 21st April, 2016 through Georgina Akuoko at 12:30pm. On the 26th April, 2016, the defendant, through its lawyers, entered a conditional appearance. Subsequent to this the defendant filed the p...