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November 10, 1959
COURT OF APPEAL
CORAM
JUDGMENT OF KORSAH C.J.
In this matter it appears that the learned Commissioner heard the case when no hearing date had been fixed.
Upon the parties filing their pleadings, the Court below ordered the plaintiff to file a summons for directions by the 29th December, 1958. The summons was in fact filed on the 27th December, and in it the return-date fixed as the 19th January, 1959. Notice of this was accordingly given to the defendant. It is obvious that the 19th January was the date fixed for the hearing of the summons for directions, and not the hearing date generally.
On that day the plaintiff attended Court, but the defendant did not; and neither counsel for plaintiff nor counsel for defendant did so. It would seem that neither counsel could have understood that on that date the case would be heard on its merits. But the Commissioner, overlooking this fact, called upon the plaintiff on the 19th January to give evidence. With reluctance the plaintiff did so, but he could not continue the case further after his own evidence. The Court thereupon gave judgment dismissing the plaintiff's claim.
We are satisfied that this was an error, since the case was not at that stage ripe for hearing on its merits. For this reason we set aside the judgment, and remit the case to the Court below for rehearing. The appellant is to have his costs in this court fixed at £35. 1. 1d; the costs of the abortive hearing in the court below to abide the result of the re-hearing
AI Generated Summary
Korsah C.J., writing for the appellate court, addressed a procedural misstep in the court below. After pleadings were exchanged, the plaintiff was ordered to issue a summons for directions, which he did, setting 19 January 1959 as the return date. That date was for case management directions, not a merits hearing. On the day, the plaintiff appeared, but the defendant and both parties’ counsel did not, consistent with the understanding that no hearing on the merits had been scheduled. The Commissioner nonetheless called the plaintiff to give evidence; he testified reluctantly and could not proceed beyond his own evidence. The lower court then dismissed the plaintiff’s claim. Finding the matter not ripe for a merits hearing, the appellate court held this was an error, set aside the judgment, remitted the case for rehearing, awarded the appellant costs, and ordered the costs of the abortive hearing to abide the result of the rehearing.