S. K. APPAH
V.
UNILEVER (GH.) LTD.

(1999) JELR 69529 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 89/98 ·  29 Jul 1999 ·  Ghana
CORAM
FORSTER J. A. (PRESIDING), ESSILFIE-BONDZIE J.A.
Core Terms Beta
court
respondents
order
judgment
appeal
extension of time
case
counter-claim
rules
civil procedure
high court
learned trial judge
dismissal of the respondents
due date
good cause
hearing of the counter-claim
adjourned date
following day
record shows
appellant counter
audi alteram partem
bizarre state of affairs
bradshaw vrs
breach of the said agreement
court of appeal rules
deputy registrar of the court
exercise of discretionary power
exercise of judicial determination
fair understanding of the rules calls
final judgment
following reasons
hearing of the suit
instance of the respondents
interesting fact
interlocutory judgment
issue of time
legal proceedings
main ground of appeal
persistent absence of counsel
purpose of this appeal
relistment of the case
schafer vrs
see boswell’s case
service of hearing notices
services of a new counsel
solicitors of the respondents
substantive law
such grant
sufficient grounds of appeal
vital importance

TWUMASI, J.A.:

This is an appeal against the ruling delivered by the High Court, Tamale on the 31st March, 1998. The facts show that on the 24th December, 1992 the respondents, Unilever (Ghana) Limited instituted legal proceedings against the appellant, a business agent and tenant to the respondents for the recovery of an amount ¢4,992,248.40 said to be arrears of rent and value of goods supplied by the respondents under what was described as a deedership Agreement between the parties. The appellant counter claimed for reliefs comprising damages for breach of the said agreement. At the close of pleadings, summons for directions was duly taken and a date was fixed for the hearing of the suit.

On the due date the case was further adjourned at the instance of the respondents. Several adjournments were subsequently made because of the persistent absence of counsel for the respondents.

The record shows that on the numerous occasions that the court yielded to adjournments, service of hearing n…

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