GEORGE KOFI BOATENG v. NEW PATRIOTIC PARTY
June 18, 2018
HIGH COURT
GHANA
CORAM
- ERIC B A AH
Areas of Law
- Civil Procedure
- Evidence Law
June 18, 2018
HIGH COURT
GHANA
CORAM
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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,
AI Generated Summary
New Patriotic Party (NPP) applied to the High Court to set aside service of a writ of summons, an ex parte motion for interlocutory injunction, and the resulting injunction order, arguing that it had never been properly served. A court bailiff, Jacob Amadah, filed a certificate stating service was effected at the NPP’s Ho regional office on one “administrator,” Charles Gadator, which NPP denied existed or was authorized. The Court examined whether a political party, though a body corporate under Act 574, is subject to Companies Act section 263 service rules, identified the proper officials and offices for service, and evaluated the evidentiary sufficiency of the bailiff’s certificate. Holding that political parties are not “companies,” that service must follow Order 7 r 5(1) of C.I. 47, and that Gadator was not proven an authorized officer, the Court found service improper and the ex parte injunction jurisdictionally void. The Court further held that fundamental breaches of audi alteram partem cannot be cured, and set aside the service and orders, noting the matter’s continued relevance due to a pending contempt application.