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DIPLOMAT BEACH RESORT LTD v. CYNTHIA GOLDEN MOORE & ANOTHER

2022

COURT OF APPEAL

GHANA

CORAM

  • WELBOURNE J. A. (PRESIDING)
  • B. MENSAH J.A.
  • BAFFOUR J.A

Areas of Law

  • Civil Procedure

AI Generated Summary

On appeal from the High Court, the Court of Appeal, per Baffour JA, addressed whether the trial court lawfully refused to relist a suit it had earlier struck out for want of prosecution under Order 37 Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The plaintiff had sued over an allegedly wrongful execution and auction sale of property at H/No 19, Beach Crescent, Coco Beach, Nungua. Following years of inactivity, a change of solicitor and a fresh interlocutory injunction application, the trial judge stated that the suit had long been struck out. The plaintiff moved to relist, but the High Court declined, citing a Registrar’s Summons and delay. The appellate court found no evidence of any Registrar’s Summons or service on parties. It emphasized Order 37 Rule 4(2) and Order 7, requiring personal service unless dispensed or substituted by order, and rejected notice-board posting as service. Non-service is jurisdictional, rendering the strike-out a nullity; delay was immaterial. The appeal was allowed and the suit restored.

JUDGMENT