AMOAKOH v. HANSEN

This appeal arose from a libel action brought by the Provisional National Defence Council Secretary for the Interior against the appellant (first defendant) and other defendants. The Chief Justice, sitting as an additional judge of the High Court, Accra, proceeded to hear the substantive case on 9 November 1983 in the absence of the first defendant, who had not been served with the summons for directions or any notice of trial. The Chief Justice refused an adjournment application and ordered the case to proceed, ultimately awarding damages of ¢300,000 and costs of ¢5,000 against the first defendant. The Court of Appeal, in a unanimous decision delivered by Taylor J.S.C. with Abban J.A. and Ampiah J.A. concurring, allowed the appeal and held that the trial was null and void. The court held that failure to serve process where service is required goes to the root of proper procedure in litigation and is not a mere irregularity that can be cured or waived. The court emphasized that the audi alteram partem principle is a fundamental rule of natural justice deeply ingrained in Ghanaian customary jurisprudence. The court further held that since the summons for directions had not been taken, no issues had been formulated for trial, making the proceedings fundamentally defective. The court rejected the argument that Order 70, r. 1 of L.N. 140A could validate the proceedings, holding that this rule applies only to irregularities, not nullities. The case was remitted to the High Court for the summons for directions to be taken and for proceedings to resume their lawful course, and the damages awarded were ordered to be refunded to the appellant.