ISSIFU AYARIGA FATI AYARIGA
V.
MICHAEL PUTO SUGRE

(2017) JELR 65695 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/59/2017 ·  21 Dec 2017 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.
Core Terms Beta
plaintiff
respondent
order
defendant
hearing notice
record of appeal
writ of summons
statement of claim
trial judge
high court
merits of the case
rules
atuguba jsc
house no. plot
motion ex parte
rules of natural justice
supreme court
absence of defendants
breaches of the audi alteram partem rule
breach of the audi alteram partem rule
breach of the rule
civil procedure
constitution of the united states of america
court of appeal rules
defendant fails
different dates
district court
district court writ of summons
evidence of the plaintiff
ex parte motion
gist of the facts of the case
grounds of appeal counsel
national democratic congress
parties fail
plaintiff fails
present counsel
provisions of rule
reasonable time
results of the grant of these motions
rule of audi alteram partem sounds
second rule
service of the amended writ of summons
sole issue
trite law
view of the fact

AYEBI, JA:

1. The sole issue for resolution in this appeal is whether or not trial judge conducted the trial in accordance with the provisions of Rule 1 of Order 36 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) on “Proceedings at the Trial”. That rule is headed “Failure to attend at trial”. The rule provides:

“Subrule (1): where an action is called for trial and all the parties fail to attend, the trial judge may strike the action off the trial list.

(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,

(b) where the defendant attends and the plaintiff fails to attend, dismiss the action and allow the defendant to prove the counterclaim, if any, or

(c) make such other order as is just”.

2. In view of the fact that the issue to be resolved is procedural rather than factual, the gist of the facts of the …

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