EMMANUEL GYIMAH v. ABENA COMFORT & 1 OR

JUDGMENT

Plaintiff on the 3rd of March, 2023 was issued out of the Registry of this Court, a writ of

civil summons claiming the following reliefs.

a) Recovery of an amount of GH¢7,435.00 from the Defendant.

b) Interest on the said amount.

THE CASE FOR PLAINTIFF

Besides himself. The plaintiff did not call any witness.

According to the plaintiff the defendants rented out two bedrooms to him at GH¢100.00

per month.

Exhibit A was tendered in evidence to that effect.

Plaintiff said after he had moved into the house the 2nd defendant started operating a beer

bar and he could not cope with the noise and smoke from cigarette so he left the place.

Plaintiff testified that the defendant promised to refund am amount of GH¢7,935.00 to

him being an advance for 6 years but they have not. Hence the instant action.

THE DEFENDANTS’ CASE

The Court records indicate that the Defendants were served the writ of summons but

they failed to come to Court on the return date ie. 22/03/2023. As a result cost of

GH¢300.00 was awarded against the Defendant and hearing notice was ordered. The case

was accordingly adjourned to 05/04/23.

On the said 05/04/23 the plaintiff came to Court but the Defendants again failed to come

to Court though they were served the hearing notice.

I was therefore satisfied that the Defendants were not prepared to come to Court to

contest the case so I closed the case of the defendants after the plaintiff had testified.

What is the legal implication or effect of the Defendants’ refusal to appear in Court to

contest or defend the suit?

Order 25 rule 1 (2) (a) of C. I 59 District Court rules 2009 enacts “where an action is called

for trial and a party fails to attend, the trial magistrate May, where the plaintiff attends

and the Defendant fails to attend dismiss the counter claim if any and allow the plaintiff

to prove the claim.”

In the instant case even though the Defendants were not in Court when the case was first

called, they were given the opportunity to come to Court so the case was adjourned and

a hearing notice was served on them but that notwithstanding the defendant did not avail

themselves in Court. My conclusion was that their refusal to attend Court to participate

in the proceedings was deliberate and that influenced my decision to close their case

because I think the case could not sit on the cause list forever or indefinitely for the only

reason that the defendants were either unwilling or not prepared to come t