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October 26, 2023
HIGH COURT
GHANA
CORAM
On 26th July 2023, the court ordered the parties to file their pre-trial checklists, witness statements and all documents they intend to rely upon in the case within 21 days.
The parties have failed to comply with the Order of the court as at today, 26th October, 2023. It is trite law, that time limits in court processes are too important for one to ignore.
They are meant to prevent delays by keeping the wheels of justice rolling smoothly.
If this were not so, parties would initiate actions in court and thereafter go to sleep only to wake up at their own appointed time to continue with such litigation at their pleasure.
If this were allowed, litigation could grind to a halt, a sure recipe for confusion and inordinate delays in the due and proper administration of justice.
See: OPPONG v ATTORNEY-GENERAL AND OTHERS [2000] SCGLR 275 Orders setting time limits are to ensure certainty and procedural integrity in the administration of justice.
I therefore cannot craft any rule to aid the parties, nor will the end of justice be served if any attempt is made to do so.
See: DOKU v PRESBYTERIAN CHURCH OF GHANA [2005-2006] SCGLR 700 I will therefore invoke Rule 1 (3) of C. I 87 and strike out the case for want of prosecution.
FRANCIS OBIRI JUSTICE OF THE HIGH COURT
AI Generated Summary
Justice Francis Obiri of the Ghana High Court addressed parties’ noncompliance with a pre-trial order requiring filing of checklists, witness statements, and supporting documents within 21 days of July 26, 2023. As of October 26, 2023, neither side had complied. Emphasizing that time limits are critical to keeping the justice system running smoothly and to avoiding confusion and inordinate delay, the court underscored that orders setting deadlines promote certainty and procedural integrity. The judge refused to craft any rule to aid the parties or excuse missed timelines. Relying on Rule 1(3) of C.I. 87 and informed by authorities including OPPONG v Attorney-General and Others and DOKU v Presbyterian Church of Ghana, the court struck out the case for want of prosecution, signaling strict enforcement of procedural obligations at the pre-trial stage.