ASNETH GYABENG SERWAA
V.
LORD WINNERS INVESTMENT LIMITED

(2016) JELR 65323 (HC)    
High Court  ·  SUIT NO.BFS/195/14 ·  6 Jun 2016 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
defendant
interest
evidence
investment
order
interest rate
general damages
witness statement
balance of probabilities
case management conference
circumstances of this case
court notes
statement of claim
actual date
anor v nova complex
authority of akoto v gyamfi
award of cost
central bank
civil procedure
civil suit
cogent evidence
contract of investment
defendant fails
dictionary of law
evidence act
further proof of her case
ghana cedis
high court
liquidated sum of ghs
provisions of sections
question of general damages
registry of this court
respect of the filing of witness statements
riches v westminster bank ltd
rule 7a
said date
said investment
such document
sufficient evidence
trial judge
trial review
use of her money
various times
view of the obvious fact
words of viscount simon

JUDGMENT

It is provided under Order 32 Rule 7A (3) (b) of the High Court (Civil Procedure) Rules, 2004, C.I. 47 as amended by C.I. 87 as follows:

" where a party has failed to comply with any of the directions given at a case management conference or a pre-trial review or both, the Judge may ...

(b) strike out the defence and counterclaim as the case may be, if the non complying party is a defendant"

It is further provided under Order 36 rule 1 (2) (a) of C.I. 47 that:

(2) Where an action is called for trial and a party fails to attend, the trial Judge may

(a) where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim, if any, and allow the plaintiff to prove the claim.

These rules have been applied to the circumstances of this case. The plaintiff caused a writ of summons and statement of claim to be issued from the registry of this court on 08/04/2014. She sought to recover a liquidated sum of GHS 17,000.00, interest thereon as well as general damages from the d…

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