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JUDGMENT
By the endorsement on the writ of summons issued from the registryof this court on 2
July, 2021, the plaintiff claims against the defendant the following:
a) Trespass to Plot No.C67 situate at Apramdo
b) Damages for destruction caused to Plaintiff’s billboard, flag,pole and discoloring
Plaintiff’s painting.
c) Recovery of possession.
d) Perpetual injunction restraining the defendant either by himself, his agents, privies
and assigns etc from interfering with the land, attacking Plaintiffs workers or
members of thePlaintiff’s church or in anyway having anything to do with PlotNo.
C67, Apramdo the subject matter of this suit.
From the records, the defendant participated in the trial from thebeginning of the case and
filed his witness statement though no written statement of defence was filed but he
suddenly failed and/orrefused to participate further in the court proceedings for whatever
reason best known to him despite the service of hearing notices onhim requesting him to
appear before the court to defend the suit. The court therefore had no option than to
proceed with the trial toits conclusion resulting in the instant judgment.
It is trite learning that a party to a case may refuse to participatein the proceedings altogether
or fail to lead evidence. The rule therefore is that when a party is given opportunity to
participatein the court proceedings and/or lead evidence in support of his stand or in
defence of allegations against him but deliberately declines to avail himself of that
opportunity, the court will be entitled to proceed with the trial to conclusion and make
deductionsor findings on the basis of the evidence adduced at the trial. See:In re West
Coast Dyeing Industry Ltd; Adams v. Tandoh [1984-86] 2 GLR 561, CA and also Watalah
v. Ghana Primewood Products Ltd. [1973]2 GLR 126.
Moreover, in the case of In Re Ashalley Botwe Lands; Adjetey Agbosu& Ors v. Kotey &
Ors [2003-2004] SCGLR 420 at 465, it was held thus:
“A litigant who is a defendant in a civil case does not need toprove anything; the
plaintiff who took the defendant to court has to prove what he claims he is entitled
to from the defendant.At the same time, if the court has to make a determination of
afact or of an issue, and that determination depends on evaluation of facts and
evidence, the defendant must realize that the determination cannot be made on
nothing. If the defendant desires the determination to be made in his favour, then
he has the d