Regulation 97(2): service of decree and order before execution
We interpret this to mean that whereas execution may levy on an order made against a party who had appeared, be he a plaintiff or a defendant, appellant or respondent, without service of copy of the order upon him, execution shall not levy on an order made against a party who has not appeared, be the plaintiff or defendant, appellant or respondent, without service upon him of (1) a formal decree, and (2) a notice embodying the text of the order. In other words it is a condition precedent that for execution to be legal against a party who has not appeared, that he should be served both with a formal decree and notice of the order made against him in default.
KWABENA v. ANINKORA AND ANOTHER [1964] GLR 299 [1964] SLR (SC) 30 · Supreme Court · 1964 · OLLENNU JSC
Read it in the judgmentMore in Statutory and Constitutional Interpretation: Administration of Justice (Miscellaneous Provisions) Act, 1938 Arbitration Ordinance (Cap. 16) Companies Code, 1963 (Act 179) Concessions Ordinance (Cap. 136) Constitution, 1969 Constitution, 1992 Contracts Act, 1960 (Act 25) Conveyancing Decree, 1973 (NRCD 175) Copyright Act, 2005 (Act 690) Court of Appeal Rules, 1997 (C.I. 19) Courts Act, 1960 (C.A. 9) Courts Act, 1971 (Act 372) Courts Act, 1993 (Act 459) Courts Decree, 1966 (N.L.C.D. 84) Courts Ordinance Criminal and Other Offences (Procedure) Act, 1960 (Act 30) Criminal Code (Cap. 9) Criminal Code, 1960 (Act 29) Criminal Procedure Code (Cap. 10) Currency Act, 1960 Data Protection Act, 2012 (Act 843) Evidence Act, 1975 (NRCD 323) Farm Lands (Protection) Act, 1962 (Act 107) Forests Act, 1927 (Cap. 157) General principles High Court (Civil Procedure) Rules, 1954 (L.N. 140A) High Court (Civil Procedure) Rules, 2004 (C.I. 47) Hire-Purchase Act, 1958 Interpretation Act, 1960 (C.A. 4) Interpretation Act, 2009 (Act 792) Search and filter these passages in the Research toolAll areas of lawSearch every judgment
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