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JUDGMENT
The plaintiff in this case Adjei Tweneboah did on 29th August, 2023 recover an interlocutory judgement against the Defendant on account of defendant default on entering an appearance to contest the claim of the plaintiff.
In this action the plaintiff sued for; (a) A declaration that all the parcel of land situates at Tweto on Drobo stool lands in the Bono Region and shares boundaries with Opanin Ankama, Opanin Kwame Ankamah, Madam Abena Badu and Nana Yaw Sawiri is the property of the plaintiff.
b) Recovery of possession.
c) General Damages (d) Perpetual injunction restraining the Defendant, he assigns, workmen, privies, servants etc.
from interfering with the plaintiff ‘s quiet enjoyment of the disputed farm land.
Indeed, to put on record that, since plaintiff was asking for declaration, he needs to prove his ownership by leading evidence to that effect.
Hence in compliance with the rules, the court directed service of hearing notice in respect of entry of the interlocutory judgment on the Defendant and also plaintiff’s witness statements and pre-trial check list on the defendant to at least, contest the quantum of damages, if she is minded.
This order was dutifully carried out.
Regardless, the defendant evinced every intention not to contest the plaintiff’s claim as she did not put in any appearance in court.
But why would the court go to that length to cause defendant to be served with hearing notices when she did not seemed bothered to attend court? On authorities, where a court has taken a decision without due regard to a party who was absent at a trial because he was unaware of the hearing date that decision is a nullity for lack of jurisdiction on the part of the court.
See Barclays Bank Vrs. Ghana Cable Co. (2002-2003) SC GLR 1 this principle had earlier been stated in Vasque Vrs. Quarshie(1968) GLR 62. It needs emphasizing, however, that where a party affected was sufficient aware of the hearing date or was sufficiently offered opportunity to appear and in the present case, where the defendant was duly served with series of hearing notices but she failed to avail herself or refused to come to court, the court was entitled to proceed and to determine the case on basis of the evidence adduced at the trial, her absence notwithstanding.
See the case of In re west Coast Dyeing Industrial limited Vrs. Tandoh (1987-88) 2 GLR 561. I now proceed to address the issues generated by the instant case.
It is of particular importance to note that alth