OBED ASAMOAH ADUBOFOUR vs. XIE GUO QI & ROSE TREE INTERNATIONAL CO. LTD.

JUDGMENT SUURBAAREH, JA This is an interlocutory appeal from the ruling of the High Court, Kumasi, dated 28th May 2022, in which the trial Court upheld the defendants/ Respondents’ application to set aside service of the writ of summons and statement of claim on them, and upon which it proceeded to set aside a judgment that had been obtained against the defendants/ respondents, in default of appearance. The facts which have given rise to the instant appeal are not in any dispute, and have been efficiently set out in the ruling of the trial Court at pages 152 to 158 of the record of appeal, and which facts we adopt as reflective of the facts in the matter. From the affidavit evidence summarized by the trial judge, and which this Court has adopted as it own, the issues that fall for determination in this appeal are: could the 1st defendant/respondent be served by substituted service when he was outside the jurisdiction at the time the writ of summons was issued; could the 2nd de.....