INTERNATIONAL SOS GHANA LTD vs FGR BOGOSO-PRESTEA LIMITED

On the 25th of January 2023, this Court dismissed an application filed by the Respondent herein on the 24th of January 2023 wherein it sought an Order

“DECLARING THAT THE PETITIONER’S PETITION FOR WINDING UP HAS NOT BEEN SERVED ON THE RESPONDENT AND FOR A FURTHER ORDER THAT THE RESPONDENT BE SERVED”.

The reasons for the said dismissal were reserved and the same follow below;

But first, a brief background to what seems to have spawned the instant motion;

On the 15th of November, 2022, the Petitioner herein, International SOS Ghana Ltd filed a Petition for the Winding Up of the Respondent Company, FGR Bogoso Prestea Ltd.

On the 28th of November, 2022, the Respondent herein entered Conditional Appearance to the said Petition.

On the 24th of January, 2023, when both Counsel appeared before this Court, Counsel for Respondent took issue with the fact that the Petition had not been “duly” served on the Respondent. He conceded that the Respondent had entered Conditional Appearance to the Petition but contended that this was after Respondent had come by the said process through means other than that prescribed by law. Counsel for Petitioner however seemed to disagree with this assertion.

In order to fully apprise itself of the true status of the matter, this Court adjourned the matter to the next day, the 25th of January, 2023 for the possible hearing of the Petition.

On the 25th of January 2023, when the matter came up for hearing, it emerged that the Respondent had filed the instant motion which had the 9th of February, 2023 as its return date. Upon a careful consideration of the issues raised by the application, I did not deem it necessary to wait until that date to determine the same. I therefore, in the exercise of the powers conferred on this Court under Order 80 of the High Court (Civil Procedure) Rules 2004 (CI 47) abridged the time originally fixed for hearing (without objection) and proceeded to hear the application.

Clearly, the nub of the Respondent’s case is that, even though it entered Conditional Appearance to the Petitioner’s Petition, it has by law, been served with same. It is for this reason that it seeks a declaration to that effect and an Order that the Petition be duly served on it.

Now, the Black’s Law Dictionary [8th Edition] defines “Service” in relation to Court processes as;

The formal delivery of a writ, summons or other legal process...

Admittedly, the record of this Court does not disclose that the Respondent has been ser