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JUDGMENT
A.M. DORDZIE, J. A.: FACTS: The plaintiff who is the respondent in this appeal instituted an action against the defendant, the appellant herein praying the High Court for the following orders: a) An order that the defendant respect the existing agreement between the parties b) A perpetual injunction order restraining the defendants, their agents, representatives and all those who claim through them from entering its company concession until the final determination of the suit.
Before the defendant could be served with the writ of summons and statement of claim the plaintiff applied for and obtained interim injunction order against the defendant.
The defendant applied to the High Court to have the interim injunction order set aside on the ground that the defendant was not served with the writ of summons and therefore the grant of the interim order was irregular.
The trial court took the view that the defendant was served with the motion for the interim injunction order and that gave it sufficient notice of the action against it.
To the learned trial judge, no miscarriage of justice had occurred and the ref ore he dismissed the application.
The ruling dismissing the said application is the subject matter of this appeal before us.
The appeal is canvassed on only one ground which is: "The court erred in holding that notwithstanding the writ of summons and statement of claim not having been served on the defendant the grant of the motion for interlocutory injunction was proper in law." The High Court (Civil Procedure) Rules, 2004 C.I. 4 7 has ample provisions that serve as a guide to the trial court on the effect of service or non service of court processes on parties.
Case law has also been well developed on the effect of non service of a writ on a defendant intended to be a party to a suit.
Order 7 Rule 2 (1) of C. I. 47 mandatorily requires personal service of court processes.
The rule reads: "A document which is required to be served on a person shall be served personally unless the express provisions of these Rules otherwise provide or the Court otherwise directs." Order 4 Rule 5 of C. I. 47 deals with mis-joinder and non-joinder of parties Sub rule (7) of Order 4 Rule 5 specifically says: "A person ordered under this rule to be added as a party shall not become a party until the writ is amended in relation to the person under this rule and, if the person is a defendant, the writ has been served on the person." (Emphasis mine) Order 7 Rule 12 (1)