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OMABOE
V.
KWAME

JELR 85020 (CA)

Court of Appeal Ghana
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- The High Court entered judgment in favor of the respondent for title to a piece of land on 19 June 1975. The appellant was present in court but his counsel was absent. The appellant was given an opportunity to present his side of the case

Case Details

Judges:APALOO C.J., ARCHER AND KINGSLEY-NYINAH JJ.A.
Counsel:Peter Adjetey for the appellant. N. Kudjawu for the respondent.
Other Citations:[1978] GLR 122-126

APALOO C.J.

On 19 June 1975, the High Court entered judgment in favour of the respondent for title to a piece of land and granted her other ancillary reliefs. Before doing so, the respondent had led evidence of her title to the land and a surveyor who was appointed by the court to view and make a plan of the land had given evidence and produced that plan in evidence. Although the appellant was himself in court, his counsel was absent. He was out of the country, apparently on a government delegation. He wrote to the court requesting adjournment to a named date. The judge declined to accede to that request and said no sufficient grounds existed for it. Order 36, r. 19 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), gives him a discretion to adjourn a trial if, in his opinion, the interests of justice required this. In this suit, the judge thought the interests of justice were against this course. As the appellant was himself in court, he was given an opportunity to present t…

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