FORSTER JA
On 14 July 1986, Construction Pioneers commenced action by motion in the High Court to enforce an award against Modern Ghana Builders Limited. The defendants resisted the application. On 29 September 1986, the court presided over by Lutterodt J having heard counsel for the parties ordered that the case proceed to trial. A subsequent application by the plaintiffs for review of the order made on 29 September 1986 was discontinued by the plaintiffs, and the judge struck it out as withdrawn without liberty to bring a fresh action.
The trial commenced on 13 January 1987 when the court expert witness, an engineer, gave evidence and was cross-examined by counsel for the parties. Thereafter the plaintiffs applied for leave to amend the motion filed on 14 July 1986 and which initiated the action. The judge dismissed the application and the case was adjourned to 10 March 1987 at the instance of the plaintiffs for the trial to resume. On 19 March 1987 the plaintiffs, Construction Pionee…