BAYOR VRS ZIENDAA (UW/ND/DC/A1/05/2024) [2024] GHADC 426 (16 August 2024)

The 'Application for Writ of Summons' was sanctioned by the rules under Order 2 rule 3(5) of CI59 and could not be struck out as offending no rule; the proper remedy was to set aside the service, not the originating process itself.

Citation: BAYOR VRS ZIENDAA (UW/ND/DC/A1/05/2024) [2024] GHADC 426 (16 August 2024)
Parties: Plaintiff/respondent: Peter Bayor; Defendant/applicant: Ziendaa Lazarus
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 16 August 2024
Procedural Posture: Civil / Ruling on Motion to Strike Out Originating Process
Outcome: Defendant's motion to strike out the 'Application for Writ of Summons' refused.
Legal Topics: Jurisdiction, Originating Process, Non Compliance With Procedural Rules, Waiver of Irregularity
Source Language: eng

Civil Procedure Jurisdiction Originating Process Non Compliance With Procedural Rules Waiver of Irregularity

Case Brief

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Parties

Peter Bayor

Plaintiff/respondent

Ziendaa Lazarus

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Strike Out Originating Process

Legal Issues

1 Whether the 'Application for Writ of Summons' properly invoked the jurisdiction of the court
2 Whether non-compliance with the prescribed form for originating process is fatal to the proceedings
3 Whether the defendant waived the right to object to the process

Ratio Decidendi

Court Disposition

Defendant's motion to strike out the 'Application for Writ of Summons' refused.

Orders

Service of the 'Application for Writ of Summons' and all related processes on the Defendant is set aside.
Registrar to issue a writ in the prescribed form under Order 2 rule 3(6) of CI59 (FORM 1) and serve on the Defendant forthwith.