ALLIANCE SINOBAND NETWORK LTD vs PAY SWITCH CO. LTD AND KENNEDY AKAKPO

RULING i. Introduction: [1] This is an application by Defendants/Applicants herein praying for an Order to set aside the Writ of Summons pursuant to Order 9 Rule 8 (a) of the High Court Civil Procedure Rules, 2004, C.I. 47. The basis of the application is that the Writ of Summons is incompetent because it does not comply with fundamental legal requirements. [2] It recalls that on the 2nd day of July, 2019 the Plaintiff herein through his Counsel Vincent Garr commenced this instant action by issuing a writ of summons against the Defendants herein endorsed with the reliefs set out here below: a. “Recovery of gh¢175,972.00. b. 20% interest on the said amount from 14/06/2019 to the final date of payment. c. Costs” [3] After been served with the Plaintiff’s Writ of Summons and Statement of Claim, the Applicants herein entered Conditional Appearance per their Solicitors Lithur Brew and Company on July 15, 2019 and brought this instant Motion on Notice to set aside the Writ ...