Try asking the following...
Try asking the following...
March 23, 2023
HIGH COURT
GHANA
CORAM
REPRESENTATION Bernard Edem holding brief for Ben Taiwo Adekanla for the Plaintiff /respondent – present John Darko with Yaa Boatemaa Amoah Kpentey holding brief for John Darko for the Defendants/Applicants – present MOTION ON NOTICE TO SET ASIDE THE SERVICE OF THE WRIT Counsel for Defendant/Applicant Your ladyship, I have before you Motion on Notice to set aside service of the Writ on the 1st Defendant.
The Plaintiff issued the Writ of Summons and Statement of Claim from this Honourable Court.
I move in terms of the motion paper and supporting affidavit all filed on 14th March 2023. I rely on all the averments contained in therein and pray that our application be granted.
Your Ladyship, In the Affidavit in Opposition filed by the Respondent they are saying that the Defendant has a place of business and if you look at the Paragraph 11 and 12 of their Affidavit in Opposition they state that the Defendant is a corporate body and has office in Ghana.
2 The address they put on the Writ of Summons and the Statement of Claim they put an address for 1st Defendant is C/O Global Communities Ghana, 7, Tripoli Street.
In Paragraph 12 they say that the 2nd Defendant has an office in Ghana and that was where she was interviewed.
We find this inconsistent.
Your Ladyship, I refer to Section 329 of the Company’s Act 2019 (read by Counsel). Your Ladyship, the Respondent in their response admit that the 1st Defendant is incorporated in the USA and have their headquarters in the USA.
We also rely on Order 7 Rule 5 of C. I. 47. Your Ladyship, we thus pray that service be set aside for the proper thing to be done to enable the suit proceed accordingly.
We humbly submit.
Counsel for the Plaintiff/Respondent Your Ladyship, we are opposed to the instant application and we rely on all the averments contained in the Affidavit in Opposition specifically in paragraph 11 to 21 of the Affidavit in Opposition.
We are saying that the 1st Defendant has an office in Ghana with full complement of staff.
The Plaintiff worked with them and that was where the Plaintiff was interviewed.
Your Ladyship, we thus pray that the instant application be dismissed.
RULING ON BY COURT On the 25/01/2023 the Plaintiff initiated the instant suit and served the 1st Defendant on the 3/2/2022. The Affidavit of service indicates - a Frederick Ankomah Country Manager at Be Girl Inc, East Legon was served.
Subsequent to this, the Defendant entered conditional appearance and filed the instant Applic
AI Generated Summary
In the Ghana High Court, Justice Enyonam Adinyira (J) determined a motion brought by the defendants to set aside service of the writ on Be Girl Inc, a United States–incorporated corporate body. Counsel John Darko, with Yaa Boatemaa Amoah Kpentey, argued service was defective because Be Girl Inc is not incorporated in Ghana, invoking Section 329 of the Companies Act 2019 and Order 7 Rule 5 of C.I. 47. For the plaintiff, Bernard Edem, holding brief for Ben Taiwo Adekanla, opposed, emphasizing Be Girl Inc’s established Ghana operations and the plaintiff’s recruitment and work through RDK Consulting Services, with service effected on Frederick Ankomah, Be Girl Inc’s Country Manager in East Legon. The Court found Be Girl Inc legitimately conducts business in Ghana, applied equitable principles and inherent jurisdiction to validate local service, ordered additional service on counsel, declined costs, and directed the suit to proceed.