Ghana Judgment

District Court

KULEAPE VRS QUAYE (A2/35/2023) [2023] GHADC 1053 (20 December 2023)

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Source document

01

Holding and result

The application for substituted service is consistent with required procedure, and the Defendant's avoidance of court attendance justifies granting leave for substituted service.

Court disposition

Motion granted

Orders

  • Plaintiff/Judgment Creditor to serve entry of judgment and annexures on Defendant/Judgment Debtor by substituted service by posting at Defendant's place of abode at unnumbered house at 'Africa', Akuse, and on the Notice Board, District Court, Somanya.

02

Material facts

Parties

Selasi Kuleape

Plaintiff/judgment Creditor/applicant Counsel: Counsel for Plaintiff/Judgment Creditor/Applicant

Felix Quaye

Defendant/judgment Debtor/respondent

Amounts and remedies

  • Judgment Debt: GHS 25,000

03

Procedural history

  1. Posture

    Civil / Ruling on Ex Parte Motion for Substituted Service of Entry of Judgment

04

Questions and positions

Legal issues

Whether leave should be granted to serve entry of judgment by substituted service

Party arguments

Applicant
Plaintiff obtained judgment for GH¢25,000.00 against Defendant, Defendant has avoided court attendance, and personal service of entry of judgment is impracticable, necessitating substituted service.
Respondent
No argument presented; Respondent absent.

05

Court’s reasoning

  1. 01

    Court's finding based on affidavit and submissions

    Substituted service may be ordered where personal service is impracticable and the application is consistent with required procedure.

06

Ratio, limits and disposition

Ratio decidendi

The application for substituted service is consistent with required procedure, and the Defendant's avoidance of court attendance justifies granting leave for substituted service.

Court disposition

Motion granted

  • Plaintiff/Judgment Creditor to serve entry of judgment and annexures on Defendant/Judgment Debtor by substituted service by posting at Defendant's place of abode at unnumbered house at 'Africa', Akuse, and on the Notice Board, District Court, Somanya.

Source and reliance status

District Court

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Judgment text

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Source document

District Court

Judgment

[2023] GHADC 1053

IN THE DISTRICT COURT HELD AT SOMANYA ON WEDNESDAY THE 20TH DAY OF DECEMBER, 2023 BEFORE HIS WORSHIP MICHAEL DEREK OCLOO.

SELASI KULEAPE } PLAINTIFF/J/CREDITOR/APPLICANT SUIT NO: A2/35/2023

VRS

FELIX QUAYE } DEFENDANTS/J/DEBTOR/RESPONDENT Plaintiff/J/Creditor/Applicant : Present Defendants/J/Debtor/Respondent : Absent RULING ON MOTION EX-PARTE FOR LEAVE TO SERVE ENTRY OF JUDGMENT

PURSUANT TO JUDGMENT ENTERED AGAINST THE DEFENDANT BY

SUBSTITUTED SERVICE Counsel for and on behalf of the Plaintiff/Judgment Creditor/Applicant filed an Ex- parte Motion for leave and an order to serve the entry of Judgment pursuant to the judgment entered in favour of the Plaintiff against the Defendant by substituted service on the following grounds: 1. That the Plaintiff/Judgment Creditor had judgment on 28/7/2023 against the Defendant for the balance of GH¢25,000.00 inter alia being financial assistance owed by the Defendant. A copy of the judgment marked as Exhibit ‘A’ was attached.

2. That the Plaintiff/Judgment Creditor has prepared an entry of Judgment to be served personally on the Defendant/Judgment Debtor. A proposed Entry of Judgment marked as Exhibit B was attached.

3. That Exhibit B shows the details of the said Judgment.

4. That the Defendant abandoned attendance in Court for a while even before Judgment was entered against him.

5. That it has become necessary for the Plaintiff/Judgment Creditor/Applicant to seek leave of Court and an order to serve the entry of Judgment on the Defendant/Judgment/Debtor by Substituted Service. I have listened to the submission by Counsel for the Plaintiff/J/Creditor/Applicant and perused the averments in the Affidavit in Support and it is my finding that the Application is consistent with the required procedure. I therefore grant the Motion and order the Plaintiff/Judgment/Creditor to serve the entry of Judgment and related annexures on the Defendant/Judgment/Debtor by Substituted Service by posting same at the following places. i. On the Defendnat/Judgment/Creditors place of abode at unnumbered house at ‘Africa’ a suburb of Akuse. ii. On the Notice Board, District Court, Somanya. (SGD) H/W MICHAEL DEREK OCLOO (MAGISTRATE) 20/12/2023 3

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