[2019]DLHC6887 • June 19, 2019 • High Court
EASY INVESTMENT SERVICES LTD vs. STEPHEN NTIM FRIMPONG AND ANOTHER
In this motion on notice the 2nd defendant/applicant (hereinafter referred to as the “Applicant”) is praying the court for an order setting aside and/or dismissing the writ in the instant suit on the ground that same disregards mandatory preconditions the non-observance of which is fatal to the suit. It is the applicant’s case that the residential address of the 1st defendant is 55 Martlesham, Adams Road, London N17 6HT and not Plot 4, Block G, Kwamo-Ashanti as indicated on the writ by the plaintiff. That, the writ does not comply with basic and fundamental requirements of law and thus the jurisdiction of the court has not been properly invoked. Counsel for the applicant in his submissions to the court insisted that at the time the action was instituted the 1st defendant lived in England and that explains why he has not been served. Counsel ended his submission with an invitation to the respondent to do the proper thing, as the address of the 1st defendant has now been provided....