An Accra High Court in the case of IFS Financial Services Limited v Jonathan Mensah & Anor[1] has allowed the social media network, Facebook, to be used to notify a defendant of a civil suit after several failed attempts at serving the court processes on him personally. The High Court judge, Justice Sophia Bernasko-Essah in...
Category: Civil Procedure
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Why entry of Conditional Appearance (without more) will not do!
The High Court (Civil Procedure) Rules 2004 (C.I 47) require a person against whom a writ of summons has been issued to file a notice of appearance in person or through a lawyer within 8 days. The appearance may be conditional or unconditional. Some lawyers are however in the habit of entering conditional appearance anytime...
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Order 2 rule 4 (2): Some rules may not be handmaidens after all!
Most litigators know this. The rules of court are simply handmaidens and not mistresses. Whiles this statement may be true to a large extent, the Supreme Court in Standard Bank Offshore Trust Company Limited (Substituted by Dominion Corporate Trustees Limited) v. National Investment Bank and 2 Ors[1] has said that some rules of procedure may...