JUDGMENT
On 10 January, 2017 the Plaintiff herein instituted action against the Defendant for payment of cash the sum of GHC50,000.00 being the amount he paid to the Defendants for two parcels of land which the Defendant refused to convey to him. The Plaintiff is also claiming interest on the said amount from May 2012 till date of final payment as well as cost on full indemnity basis.
On 25 January, 2017, an appearance was entered on behalf of the Defendant and a Statement of Defence was filed on 7th March, 2017 on behalf of the Defendant. One Andrew Allotey was subsequently joined to the suit but was later unsuited when he passed on.
After unsuccessful attempt at settlement, the following issue was set down for trial namely:Whether or not the Plaintiff is entitled to his claim.
The Defendant, however, failed or refused to file his Witness Statement after the Court had made several orders for it to be filed. The court consequently invoked Order 32 rule 7A of the High Court (Civil Procedu…