MOHAMMED SINARE ETC. v. DR. E. AYITEY-SMITH

This appeal arose from a Circuit Court, Accra judgment that awarded 2 million to the defendant on a counterclaim in a dispute over ownership of land, after the plaintiffs writ was struck out for failure to pay survey costs. During the proceedings the original plaintiff died, and his wife, Salma Sinare, was to be substituted. Hearing notices intended for Salma were irregularly servedfirst on a non-existent co-defendant and later via her sister, Jummaiand an order for substituted service was granted on the mistaken premise that the plaintiff refused to attend court, with no proof of compliance on the record. On the hearing date Salma was absent, the defendant adduced evidence (having previously done so through his lawful attorney), and judgment was entered on the counterclaim. Writing for the Court of Appeal, Ansah J.A. held that strict personal service is required unless impracticable, that non-service is not a mere irregularity but renders proceedings a nullity, and that substitution procedures under LI 1129 must be followed. The court allowed the appeal, set aside the judgment, and ordered the counterclaim to be heard de novo; Lartey J.A. and Akoto-Bamfo J.A. concurred.