GEORGE KOFI BOATENG v. NEW PATRIOTIC PARTY
2018
HIGH COURT
GHANA
CORAM
- ERIC B A AH
Areas of Law
- Civil Procedure
- Corporate Law
- Constitutional Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court was tasked with determining the proper service and effect of legal documents on a political party as a body corporate under the Political Parties Act, 2000, Act 574. The court analyzed whether the service of documents was properly effected under the provisions of the Companies Act, 1963, Act 179. The court found that the processes were improperly served on an individual who was not authorized to receive them. The court declared the service void and set aside the orders made based on the improper service, emphasizing the importance of adherence to procedural rules and the principles of natural justice.
RULING
INTRODUCTION
I am compelled by this application to determine the nature and effect of a bailiff's proof of service in pursuance of Order 7 r 1, C.I. 47 and whether a political party; by reason of being a body corporate under the Political Parties Act, 2000, Act 574, is qua a company or corporation and therefore amenable to the provisions of section 263 of the Company's Act, 1963, Act 179. I will determine the office and officials of a political party upon which and whom processes can be served and consider whether an administrator at a regional office of a party is one such person. I will also consider whether a court process can validly be served on the regional office of the party; instead of at the head office. I will finally determine the nature and effect of non-compliance with the provisions on service of court processes and whether they apply to this case.
THE APPLICATION
The Defendant/Applicant's (hereafter Applicant) motion on notice dated 18 May 2018 prays the court for an order setting aside service of the Plaintiff/Respondent's (hereafter Respondent) writ of summons filed on 17 April, 2018, motion ex-parte for interlocutory injunction and the order of interlocutory injunction granted by this court on 20 April, 2018. The Applicant relied on the depositions in the attached affidavit and a supplementary affidavit dated 21 May 2018, as well as the annexures. The Respondent opposed the application based on the depositions in the affidavit in opposition filed on 24 May 2018.
APPLICATIN'S CASE
By the combined effect of the depositions in their affidavits, annexures and the submissions of their counsel, the case of the Applicant is that:
a. The Applicant was not served the writ of summons and the motion ex parte for interlocutory injunction, for the person on whom it was allegedly served; Charles Gadator, is not known to the Applicant, is not the administrator as alleged on the certificate of service and is not a proper officer legally mandated by the law or the Applicant to receive court processes on its behalf.
b. The persons in leadership of the Applicant are members of the executive including the following individuals;
Nana Addo Dankwa Akuffo-Addo - President of the Republic of Ghana
Freddy Blay -acting chairman
John Boadu - acting general secretary
Abankwa Yeboah - treasurer
Sammy-Awuku - youth organizer
Applicant's counsel referred the court to the definition of "executive officers" in section 33 of the Political Parties Act,