To serve or not to be served: Service of court processes is not always a necessity
Service of processes is crucial to proceedings in court and goes to jurisdiction, making it a fundamental part of any judicial proceedings, particularly in civil suits. It is, however, argued that a party who truly believes in his allegations against an individual and seeks his day in court does not necessarily need to wait to […]
The service of court processes is a vital aspect of judicial proceedings, particularly in civil suits, as it establishes jurisdiction. However, some argue that a party who firmly believes in their allegations and seeks to participate in court does not necessarily require being served with court processes prior to facing their opponent.
Upon hearing about a case in the media, the party can respond by entering an appearance and engaging in the proceedings. Alternatively, the party can instruct their legal counsel to provide written consent to accept service and submit their defense. Refusing to be served, especially when one's actions have made service challenging or impractical, is considered a cowardly act of evading the allegations they have raised. This perspective is based on several key points:
1. In Ghana, civil actions commence with the filing of a writ of summons and its service on the party responsible for responding to the claims in the statement of claim. Three primary methods exist for initiating court proceedings: an originating motion on notice, a petition, or the issuance of a writ.
2. The Rules of Court outline various methods for serving a writ, including personal service, electronic service, and service by a lawyer acting on behalf of the party. Personal service involves delivering a duplicate or attested copy of the document to the party being served. Obstructions like violence, threats, or bodyguards may allow the bailiff to leave the document near the person.
Electronic service is now permissible under the 2020 amendment to Order 7 Rule 3A of C.I. 47, requiring the initiating party to specify their electronic service preference at the time of filing the action. Lawyers can also accept service on behalf of their clients, who must acknowledge receipt of the writ in writing. Failure to be served properly may breach the right to be heard, known as "audi alteram partem," and is fundamental to maintaining jurisdiction.
Written by urgent.news from Adom Online's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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