WAPCO OIL CO PER THE MANAGER VRS C&Y COMPANY PER THE MANAGER (C12/016/2022) [2023] GHAHC 519 (15 December 2023)
The failure to personally serve the appellant with the writ of summons and statement of claim, and the procedural lapses in substituted service, rendered the proceedings and ruling of the trial court null and void for breach of the audi alteram partem rule and lack of jurisdiction.
- Citation
- [2023] GHAHC 519
- Parties
- Plaintiff/respondent: WAPCO Oil Co per the Manager; Defendant/appellant: C&Y Company per the Manager; Defendant: Yanky & 1 Other
- Court
- High Court
- Jurisdiction
- Ghana
- Judgment Date
- 15 December 2023
- Case Number
- C12/016/2022
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Service of Process, Fair Hearing, Setting Aside Judgment, Natural Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
WAPCO Oil Co per the Manager
Plaintiff/respondent
C&Y Company per the Manager
Defendant/appellant
Yanky & 1 Other
Defendant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was given a fair hearing before the ruling was delivered
Ratio Decidendi
The failure to personally serve the appellant with the writ of summons and statement of claim, and the procedural lapses in substituted service, rendered the proceedings and ruling of the trial court null and void for breach of the audi alteram partem rule and lack of jurisdiction.
Court Disposition
appeal allowed
Orders
- Ruling of the Magistrate delivered on 18th June 2021 set aside
- Respondent to serve the writ of summons on the appellant personally
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment