Linda Danladi Vrs Sam Kwesi Andoh [2023] GHACC 470 (3 February 2023)

Failure to obtain leave before issuing and serving the petition outside jurisdiction is a fundamental non-compliance affecting the court's jurisdiction, rendering the proceedings a nullity.

Citation: [2023] GHACC 470
Parties: Petitioner: Dr. Linda Danladi; Respondent: Sam Kwesi Andoh
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 3 February 2023
Procedural Posture: Petition / Ruling on Motion to Set Aside Petition
Outcome: Petition and all proceedings set aside as nullity.
Legal Topics: Service of Process, Jurisdiction, Nullity of Proceedings
Source Language: English

Civil Procedure Service of Process Jurisdiction Nullity of Proceedings

Case Brief

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Parties

Dr. Linda Danladi

Petitioner

Sam Kwesi Andoh

Respondent

Procedural Posture

Petition / Ruling on Motion to Set Aside Petition

Legal Issues

1 Whether failure to obtain leave before serving petition outside jurisdiction renders proceedings a nullity
2 Whether non-compliance with court order is curable under Order 81 of CI 47

Ratio Decidendi

Failure to obtain leave before issuing and serving the petition outside jurisdiction is a fundamental non-compliance affecting the court's jurisdiction, rendering the proceedings a nullity.

Court Disposition

Petition and all proceedings set aside as nullity.

Orders

Suit set aside in its entirety.
Petitioner may re-apply.