DANIEL TACKIE
V.
ELI DAVIDSON COMPANY LIMITED

(2017) JELR 69946 (HC)    
High Court  ·  SUIT NO.: CM/0222/2016 ·  17 Feb 2017 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU J
Core Terms Beta
defendant
plaintiff
court
case
court finds
evidence
record
lawyer
parties
witness statement
high court
order
said vehicle
court holds
matter
exhibit e
natural justice
title
toyota highlander vehicle
writ of summons
accra regional police
circuit court
civil procedure
common law ideas of natural justice
costs of gh
duty of the court
exhibit c
exhibit d
filing of a reply
formal transfer
implied warranty of right
order of the circuit court
order of the court
orders of the high court
plain language
plaintiff claims
price of the vehicle
purchase price
purchase price of gh
receipt of the purchase price of the vehicle
said hearing notice
said order
statement of claim
statement of defence
subject-matter of the suit
trial court
trial settlement
view of the defendant

By a writ of summons the plaintiff claims against the defendant

a. “an order for the recovery of an amount of GH₵95,000.00 from the defendant being money the plaintiff paid to the defendant for a Toyota Highlander vehicle which defendant failed to deliver to plaintiff.

b. Interest from May 2015 to the date of final payment.

c. Costs”

The writ of summons and its accompanying statement of claim were served on the defendant who then entered appearance and also filed a statement of defence. After the filing of a Reply by the plaintiff and the close of pleadings, the matter was referred for pre-trial settlement. However, when the parties failed to settle at pre-trial, the case was placed before the court for hearing.

On the 16th November 2016, the case was called in court; the defendant and its lawyer were absent, the court, therefore, adjourned the matter to 5th December 2016 and ordered hearing notice to be served on the defendant.

The hearing notice was served on the lawyer for the defendant …

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