Should we not accept the developer as a defendant and service effected by posting the writ on him or the foreman? . [xxx] Borlabi v. Mahama [2007-2008] 2 GLR 393, per Asare Korang JA. If the owner or operator of any vehicle causing injury or damages by physical contact is unknown, an action may be instituted against the unknown defendant as "John Doe" and service of process may be made by delivery of a copy of the summons and complaint or other pleadings to the clerk of the court in which the action is brought. . Your IP: 138.201.27.103 The process server served Witness at exactly the same place the, was directed to, despite Manager's words and threats. If the plaintiff misnames a defendant (e.g., by using a different middle name than the actual defendant), the judgment would be unenforceable. etc. The UK Supreme Court went ahead to classify unknown defendants into two categories. The landmark 1973 US Supreme Court decisions of Roe v. Wade and Doe v. Bolton regarding abortion offer direct support. Civil of the City of New York and Supreme Court of the State of New York Summons, Complaints and Orders to Show Cause. DOE defendant under his/her real name. It is revealing that the Net Bible specifically refers to the man whose name was unknown as ‘John Doe’[xxix]. You must log in or register to reply here. The first case in US where Doe was used for the anonymous entity to a criminal matter was in the Supreme Court case of Wade v. Doe[xii] and it has since become a common practice in the US[xiii]. [xvi] See the case of Reliance Big Entertainment Pvt Ltd. v. Jyoti Cable Network & Ors. It is difficult to accept it on any occasion when persons who have been gravely injured or harmed by an anonymous person head to the court only to be frustrated further by the Rules of Courts. Powered by. English law relied on rules of court[xviii] as laid down by the Court of Appeal in 1926 in the case of Friern Barnet Urban District Council v. Adams[xix] to invalidate any process that did not contain the name and address of the defendant; the only exception being an action for claim of property brought against trespassers whose names are unknown.[xx]. Law Enforcement Individuals and Agencies That Support Process Service Evaders. Solution: Family Court allows substitute service and it will allow nail and mail in most cases in which Respondent willingly refused to accept. Although John Doe traces his origin in the legal context to UK, the name is no longer in common usage. The author is a Justice of the High Court of Ghana and is currently on secondment in the Gambia. [xviii] See Part 7 of the Civil Procedure Rules, 1999. [ix] See the case of Bloomsbury Publishing Group Plc v. News Group Newspaper [2003] 1 WLR 1633. One India lawyer introducing John Doe to us and expressing his admiration for him noted: “John Doe orders are in fact mechanism devised by the courts of law to curb out the increasing menace of theft of intellectual property rights by the unknown pirates. Order 39 Rules 1 & 2 read with section 161 of the Code of Civil Procedure (CPC) now clothe the Indian courts with jurisdiction to issue John Doe orders. . It is my firm belief that this is the time to give John Doe a try in Ghana. Readings the entire rules as a whole, it may appear that that was not the intendment of the Rules of Courts Committee when drafting C.I. Perhaps he would rather continue living as a squatter and ignore the, or perhaps he wants to still be endless tied to his former, . Thanks. • Required fields are marked *, © 2020 :: Ghana Law Hub. If I didn't make that clear, I apologize. Their Lordships at page 397 has this to say: “It was argued for the appellant that the combined effect of Order 2 rr (1) (2) and (3) of CI 47 was that it was mandatory to have on the writ the names and addresses of the plaintiff and the defendants, so that a writ that fails to provide the names and addresses of the parties ought not to be filed at all”. By. [xxiii] Porter v. Freudenberg [1915] 1 KB 857. Eviction Notices, Non-payment Petitions, etc. To identify the anonymous user, you will … Imagine falling sick and finding yourself in a hospital where you were treated by several doctors and nurses. Respondent with Locked Gate Who Did Not Want to Receive Order of Protection. upon the named Respondent but if documented attempts prove that this is not possible, then an, will suffice for the hearing judge to rule in favor of Plaintiff or to issue an order allowing, or another form of substitute service such as posting or. That's what I often feel like telling a plaintiff's attorney. You mentioned two on-point cases in MacDonald.T. Like the closure of our airports and borders for fear of Coronavirus infection from foreign travellers, the courts have also shut the door on his face and just as the military and other sister security institutions are monitoring our borders with telescopic eye, so our judges are vigilantly guarding against his possible entry into our legal system. May God richly bless him. In the Borlabi v. Mahama case supra, the Court acknowledged that the ‘developers-trespassers’ always took to their heels whenever the plaintiff went to meet them developing the land and even when he met them, they were not forthcoming with information. Since then, John Doe has been used to refer to any man of unknown name, with Jane Doe for females. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. [xix] Friern Barnet Urban District Council v. Adams [1927] 2 CH 25. Why should processes not be served on the developer which will include all persons working on the land so that when an injunction is granted to restrain the developers and the foreman continues to work on the land, he can fall into contempt even though his name is not mentioned? As soon as he shut his door and turned. (Consolidated) [1982-83] GLR 96 at p. 109. I believe that if that course is taken, the real person behind the development is likely to appear. CS (OS) No. After the complaint is amended, you will have between 2 and 4 months to serve the defendant. have permission from the court to name new defendant as doe 1 (not to be done via amendment). Federal Subpoenas and Civil Court Subpoenas. He became a High Court Judge in 2013. is acceptable in most cases if personal service cannot be effected. With such characteristics, the ‘John Doe’ jurisprudence proves extremely effective, superficially, for it results in expeditious remedy against online piracy which often times outsmarts the copyright laws.[xxxvii]. Leave alone. If there is no living defendant or one who can be dragged to court as happened in the cases of Ofori v. Star Assurance Co. Ltd.[xxxix] and R v. Davies[xl]; then the action can be said to be fundamentally flawed. 94, P. 109, per Dotse JSC. "Are you out of your mind?!". Richard Roe was the counterpart for the defendant. One person who has probably litigated more than any other person under the sun is ‘John Doe’. Additionally, the rise of the internet has also brought expansion of John Doe lawsuit.”[xxvii]. . Suing a John Doe defendant should not be construed to mean that the courts would deliver judgments against persons whose identities are unknown throughout the proceedings. [xxviii] Ruth 4:1 is headed ‘Boaz settles the matter’ and it reads: “Now Boaz went up to the village gate and sat there. [xli] Ajay Amitabh Suman, Advocate ‘Brand Protection and John Doe Orders”. 47, a defendant entering an appearance is duty bound to provide his residential and occupational address, whether or not they were stated on the writ. Have you found case cites for these yet, latigo? [xxxiii] Miss Josephine Augusta Pra v. The Developer [2011] DLHC 4369, per Kwabena Asuman-Adu J. Once you have filed your complaint, you can conduct discovery and issue subpoenas to the website or platform where the internet harassment occurred or the damaging content was posted. With this distinction, their Lordships held that those in the first category being anonymous but identifiable can be sued and served with the originating process by alternative (substituted) service other than personal service, but the second category cannot. [xv] Taj Television v. Rajan Mandal (2003) F.S.R. The Court appeared to have found tenable the appellant’s submission that the absence of defendants’ names and addresses are fatal to the writ. Solution: If service cannot be effected in person, the court may issue an order to allow substitute service. against her by telling the process server that she would not open the door. The two defendants that service wasnt waived on were "John/Jane Doe 1" and "John/Jane Doe 2". Gourav Khatri writes: “John Doe order has been recognized worldwide”. Because you do not know the name of the defendant, you cannot serve them with a copy. Im still do what i can to find an attorney as we speak, and gather as much info as i can. Ghanaian lawyers have unsuccessfully tried time without number to introduce John Doe into our judicial system especially in land suits under the guise of ‘the developer’ or ‘the trespasser’. In this case, for a Respondent who thought that by telling the process server to leave or by indicating she would call the police she was.
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