[2023]DLCA16209July 13, 2023Court of Appeal

WILLIAM-BOB NOVOROSE AYERIGA vs AMBROSE A. AYANGBA.

J U D G M E N T KWAMINA JA. “Natural justice requires that the litigant be informed of any proceeding against him or her.” (Page 213 of Civil Procedure – A Practical Approach by S. Kwami Tetteh). This Court is called upon, in this appeal, to look at the application of the rules on service of processes under the High Court (Civil Procedure) Rule, 2004 (C.I.47) especially the initiating process of the writ of summons and the accompanying statement of claim. The Plaintiff/Respondent (hereinafter referred to as the Plaintiff) instituted an action against the Defendant/Appellant (hereinafter referred to as the Defendant) in the High Court, Bolgatanga on 2nd July 2019. A Motion on Notice for Interlocutory Injunction was also filed the same day together with the Affidavit in Support and the Statement of Case. A Search conducted on 11th October, 2019 at page 15 of the record indicates that the processes mentioned above were served on the Defendant on 5th July, 2019. On 11th July, 20...