Service of process in Ghana case law.

In the case of Vitkovice, etc. v. Korner, Lord Tucker discussing the scope of Order 11, rule 1 observed thus: “It is to be remembered that it has frequently been laid down that this jurisdiction is to be exercised with great care, and that any doubts should be resolved in favour of the foreigner.

EBOE v. EBOE [1962] 1 GLR 453 [1962] SLR (SC) 25 · Supreme Court · 1962 · KORSAH CJ

Service of process is an administrative matter, and proof of it would appear on the Court’s copy of the document served, or in an affidavit of service. Such proof would not normally appear in an appeal record of proceedings, unless the document served is reproduced as part of the record, or unless service was made an issue before the trial-Court. Therefore, if the person required to be served with any process appeared before the Court in answer to that process or filed documents in answer thereto, the presumption is that service of the process had been duly effected upon him.

COLEMAN v. SHANG [1959] GLR 390 [1959] SLR (CA) 48 · Court of Appeal · 1959 · VAN LARE AG CJ

When at the close of the case for the plaintiff the co-defendant was joined as a party to the proceedings, it does not appear that rule 13 of Order 16 was considered and applied. The rule is mandatory and where it is thought unnecessary that service be effected as provided in the rule, a clear direction to that effect should be made by the court.

BARKO v. MUSTAPHA AND ANOTHER [1964] GLR 78 [1964] SLR (SC) 14 · Supreme Court · 1964 · SARKODEE-ADOO CJ

As to this, we hold that if a writ of summons contains any claim in respect of which leave for service out of jurisdiction cannot be granted then even though it may contain other claims in respect of which leave can be granted, the court cannot by reason of the former claims grant leave for service out of jurisdiction, as such writ does not fall within any of the provisions of Order 11, rule 11.

EBOE v. EBOE [1962] 1 GLR 453 [1962] SLR (SC) 25 · Supreme Court · 1962 · KORSAH CJ