KORSAH C.J.: In this matter it appears that the learned Commissioner heard the case when no hearing date had been fixed.
Upon the parties filing their pleadings, the Court below ordered the plaintiff to file a summons for directions by the 29th December, 1958. The summons was in fact filed on the 27th December, and in it the return-date fixed as the 19th January, 1959. Notice of this was accordingly given to the defendant. It is obvious that the 19th January was the date fixed for the hearing of the summons for directions, and not the hearing date generally.
On that day the plaintiff attended Court, but the defendant did not; and neither counsel for plaintiff nor counsel for defendant did so. It would seem that neither counsel could have understood that on that date the case would be heard on its merits. But the Commissioner, overlooking this fact, called upon the plaintiff on the 19th January to give evidence. With reluctance the plaintiff did so, but he could not continue the case fur…