EKOW RICHARDSON vs. STEPHEN ADUSEI-BOATENG AND NAANA ADUSEI-BOATENG

This is an application by the defendants/Applicants praying this court to set aside the writ of summons and statement of claim served on the Defendants under Order 9 rule 8(a) and Order 11 rule 8(1)(b) of the High Court (Civil Procedure) Rules, 2004, C I. 47. A brief background to the application is that the Defendants/Applicants live outside the country. Anytime 1st Defendant/Applicant visits Ghana, he lives in the same address as his brother who lives in the jurisdiction. The 1st defendant granted a power of attorney to the brother who lives in the jurisdiction to commence an action in the High Court against the present Plaintiff. That action is suit No. FAL 43/2013. Suit No. FAL 43/2013 did not contain the address of the Plaintiffs outside Ghana but only that of their attorney who lived in Ghana. At the end of the trial in suit No. FAL43/2013 the trial High Court gave Judgment for the plaintiffs now Defendants in the instant suit. The defendant in the suit (present Plaintiff) fil...