FRANK APPEAGYEI & ANOTHER VS LEGEND ALUMINIUM COMPANY LIMITED
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the Ghana High Court, Her Ladyship Jane Harriet Akweley Quaye (Mrs.) considered an application by the Defendant/Applicant to set aside costs previously awarded on August 8, 2022. Both sides agreed on the precise date the Writ of Summons was served on the Defendant. The dispute turned on how to read Order 9 Rule 5(a) of the civil procedure rules governing the time for entering appearance. Guided by Justice Samuel Marful-Sau’s Practical Guide to Civil Procedure in Ghana and the standardized endorsement on writs directing entry of appearance within eight days of service, inclusive of the day of service, the Court accepted the Plaintiffs/Respondents’ position that the Defendant filed out of time, albeit narrowly. On that basis, the application was refused, with no order as to costs.
I have heard arguments by both parties on an application by the Defendant to set aside costs awarded against Defendant/Applicant on August 8, 2022. The records are clear as to when the Writ was served on the Defendant and there is no need for me to belabor the point. Indeed, both parties have stated that same thing as to when it was served. Their point of departure is in the interpretation of order 9 Rule 5(a) but I am guided by the book of Samuel Marful Sau JSC (as he then was) a practical guide to civil procedure in Ghana at page 44, under the topic; time limited for filing appearance, “a Defendant served with a Writ of Summons can file appearance eight (8) days from the date the service was effected on him or her”. This interpretation is corresponds with what is endorsed on every Writ of Summons which Counsel for Plaintiffs/Respondents quoted to the Court, which is that, “you are hereby commanded that within eight (8) days after service of this Writ on you; inclusive of the day of service, you do cause an appearance to be entered for you…” The Court therefore leans favorably towards arguments made by the Plaintiffs/Respondents that indeed the Defendant has failed to enter appearance within time albeit a very narrow stretch. The application is refused. No order as to costs.
(SGD.)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
(JUSTICE OF THE HIGH COURT)
R.A.