SAMUEL NYAMEKYE v. THOMAS TWUM

The High Court, per Dr. Richmond Osei-Hwere, ruled on a motion by the Defendant/Applicant to set aside a default judgment obtained by the Plaintiff. The underlying suit, commenced on 27 April 2015, sought recovery of GH¢525,960.15 and interest, or alternatively judicial sale of House Plot 60B Block D at Fawoade Mamponteng in the Ashanti Region. After personal service attempts failed, substituted service was ordered; later, the Plaintiff obtained judgment in default of defence on 5 July 2016. The Defendant, whose counsel had withdrawn, moved to set aside, arguing that he resided outside Ghana and that substituted service of the default-judgment motion was improper. Addressing a preliminary challenge to defence counsel’s licence under the Legal Profession Act, the court accepted proof of a valid licence and proceeded to the merits. Finding that the Plaintiff had actual notice of the Defendant’s residence abroad (supported by affidavit and Exhibit TT), the court held that Order 8 CI 47 governs service out of jurisdiction and that the substituted service order was void, rendering the default judgment a nullity. The application succeeded, and the judgment was set aside.