MARY YEBOAH @ MARY FORDJOUR v. JAMES KODZO FORDJOUR

Anim, J.A. delivered the Court of Appeal’s decision in a land dispute originating from the Circuit Court, Tema. The Plaintiff sought declaration of title, an injunction, and damages for trespass concerning land at Tema East Akosombo. After various interlocutory steps, the Circuit Court proceeded to trial in the Defendant’s absence and entered judgment, despite ordering hearing notice only days earlier. The Defendant’s motion to set aside was refused, prompting this appeal. The Court of Appeal held that Order 36 rule 9’s ten-day notice requirement (or four-day short notice when ordered) is mandatory, that failure to properly serve hearing notice and to order fresh notices after adjournments violated audi alteram partem, and that the trial court should have called the bailiff amid disputed service. The appeal was allowed and the case remitted for a de novo hearing before a different judge.