AZU CRABBE J.A.: This is an appeal from the judgment of Djabanor J. dated 12 May 1965, whereby he awarded £G100 damages in favour of the plaintiff, but he made no order as to costs.
The appeal is directed mainly against the learned judge’s assessment of the damages claimed, for it is alleged that the award in the circumstances was grossly inadequate, having regard to the evidence adduced at the trial. The respondent did not appear at the hearing of the appeal, neither was he represented by counsel. But in view of certain unsatisfactory features of the case which are apparent in the record, we have decided, following the decision of this court in Ashitey v. Dodoo [1967] G.L.R. 125 to exercise. the powers and authority conferred by rules 31 and 32 of the Supreme Court Rules, 1962 (L.I. 218).The relevant terms of rules 31 and 32 are:
“31. The Court may . . . make any order necessary for determining the real question in controversy in the appeal, and may amend any defect or error in the rec…