[2023]DLHC16322 • September 7, 2023 • High Court
UNITED STEEL CO. LTD. vs. CORONATION INSURANCE GH LTD (FORMERLY WAPIC INSURANCE CO. LTD)
RULING I have listened to the submission by counsel for Plaintiff for the grant of an order for substituted service in respect of the Plaintiff’s application for the release of the judgment sum which had been paid into court. The Plaintiff’s prayer is that it should be granted leave to serve the application for the release of the judgment sum on the beneficiaries by substitution. It is trite learning, that before a party will file a motion for substituted service, there should be evidence that attempts have been made to effect personal service on the other party and it has not been successful. Therefore, substituted service can only be resorted to where personal service could not be effected, for reasons which should be stated with great particularity in an affidavit in support of the application for substituted service. Consequently, substituted service can only be granted where personal service is unsuccessful. The jurisdiction to order for substituted service therefore d...