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ASNETH GYABENG SERWAA
V.
LORD WINNERS INVESTMENT LIMITED

(2016) JELR 65323 (HC)

High Court 6 Jun 2016 Ghana
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- The defendant failed to comply with the directions given at a case management conference and did not file its witness statement as ordered by the court. - The court struck out the defendant's statement of defence and counterclaim. - The i

Case Details

Suit Number:SUIT NO.BFS/195/14
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:AKUA ADOMA ADDAE FOR WILLIAM KUSI FOR PLAINTIFF; KWAME BOAFO FOR DEFENDANT

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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