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JUDGMENT
The defendants have failed to file their statement of defence after the case had been
adjourned several times in their favour and also to give them an opportunity to file
their defence. In the absence of the defence, I have no other option than to enter
judgment in favour of the plaintiff.
JUDGMENT IN DEFAULT OF APPEARANCE
Having perused the whole evidence on record which was started during the period of
my predecessor, the plea of the defendants was even deferred as both parties kept
missing court and were represented at certain periods. The plaintiff’s case is, he is
unemployed due to old age and lives at Kyeremasu and the defendants are farmers
who live at Kramo Krom and Akontanim respectively. It is the case of the plaintiff
that the land in dispute in its virgin state was broken by plaintiff and share boundary
with the defendants’ late husband and father respectively, by name Kofi Yeboah.
When the said Kofi Yeboah died about 10 years ago, the defendants have trespassed
onto his land and all efforts made to restrain their trespassory act has proved futile,
hence the action. The court is of the view that the plaintiff’s case is more probable than
that of the defendants. The plaintiff’s case stands sufficiently consistent. The parties
along the course of time were referred to ADR for mediation and the report was that
mediation broke down, because the defendants refused to cooperate. During the
period that the case was before this court, the case was struck out based on order 8 r 1
of CI59, that the plaintiff failed to attend court. To see to the interest of justice, plaintiff
re-enlisted the suit and served a number of hearing notices on the defendants and
there was proof of service on all the hearing notices, but defendants refused to comply
with the court’s order. When the parties were able to assemble once again, the court
gave an order to the parties to file their statement of claim and statement of defence
respectively. The plaintiff complied, but the defendant refused to comply. Due to the
recalcitrant behavior of defendants, the case was adjourned severally to give
defendants the opportunity to file their statement of defence, all to no avail. For these
reasons, the court has no other option than to grant judgment in favour of plaintiff
who has been consistent in court inspite of old age. Judgment is hereby entered in
favour of the plaintiff. Title on this boundary of land, the issue in question, is
accordingly declar