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February 27, 2023
HIGH COURT
GHANA
CORAM
This is a Ruling on Application for an order to reinstate Defendant’s Statement of Deference
and for leave to file Witness Statement out of time.
I have perused the Affidavit of Felix Akuffo of Accra filed on 25th July, 2022 and the
Supplementary Affidavit filed on 5th August, 2022. I have also perused the Affidavit in
Opposition of Daniel Dorglo of Tantra Hill filed on 5th September, 2022.
I have also read the Written Submissions of Counsel for the Applicant filed on 4th October,
2022 and the Written Submissions of Counsel for the Respondent filed on 21st October, 2022.
In this instant Application, the main issue that confronts the Court is whether or not to grant
the application to reinstate the Applicant’s Statement of Defence that was struck out by the
Court for failure to file Witness Statement as ordered by the Court and also to grant the
Applicant leave to file Witness Statement out of time.
In my view the Rules of Court must be strictly complied with for smooth and speedy
administration of justice. However, if for some pardonable reason a party is out of time in
complying with the Rules, the non-compliance though grievous, it can be cured by
awarding cost against the non-complying party.
I also hold the view that once the Applicant is ready to proceed with the suit, it should be
given the opportunity to do so within a stated period to enable the court determine the
matter on merit rather than on technicalities. In the interest of justice, I hereby order that the
Applicant’s Statement of Defence dated 11th November, 2021 that was struck out be
reinstated and I also grant the Applicant leave to file its Witness Statement and Pre-trial
Checklist within seven (7) days.
Cost of GH¢10,000.00 awarded against the Applicant in favour of the Respondent.
The suit is to take it’s normal course.
(SGD)
JUSTICE RICHARD APIETU
(HIGH COURT JUDGE
AI Generated Summary
Justice Richard Apietu of the Ghana High Court delivered a ruling on an interlocutory application seeking procedural relief in an ongoing civil suit. The Applicant, whose Statement of Defence had been struck out for failing to file a witness statement as ordered, sought reinstatement of the defence and leave to file the witness statement out of time. The Court noted it had perused the affidavit of Felix Akuffo and a supplementary affidavit, the affidavit in opposition by Daniel Dorglo, and written submissions from counsel for both sides. Emphasizing strict compliance with court rules but preferring adjudication on the merits where a party has a pardonable reason and is ready to proceed, the Court reinstated the defence, granted seven days to file the witness statement and pre-trial checklist, awarded GH a2 10,000 costs to the Respondent, and directed that the suit proceed in the normal course.