NANA OWUSU GYARE II AKWAMUHENE OF TECHIMAN TRADITIONAL AREA vs DR. KWAKUOTENG & ANOR

PRELIMINARY MATTERS

The Plaintiff issued a writ of summons against the Defendant on 26th October, 2023. Attempts to serve the Defendants with the writ personally proved futile. With leave of the Court the Plaintiff served the writ of summons on the Defendants by substituted service. All subsequent processes including hearing notice with Court Notes were served on the Defendants by substituted service. The Plaintiff obtained judgment in default of appearance against the Defendants when the Defendants were served with the writ of summons and they failed to enter appearance within the time stipulated by the rules. After Case Management Conference (CMC) was held and the Plaintiff was to mount the witness box Counsel for Plaintiff prayed the Court to adjourn the matter because the Defendants’ Counsel who had not filed notice of appointment of solicitor approached them for settlement. The Court adjourned the matter although the Defendants and their Counsel did not appear.

At the next sitting Counsel for Plaintiff intimated to the Court that the Defendants did not avail themselves for settlement and prayed the Court for the Plaintiff to mount the witness box. The Plaintiff and his two witnesses mounted the witness box and gave their evidence in chief but the Defendants failed to appear to cross examine them although they were served with hearing notice to appear. The Court discharged the Plaintiff and his witnesses and adjourned the matter for judgment. Before judgment could be delivered Counsel for Plaintiff filed motion to recall the Plaintiff and served the Defendants with the motion and hearing notice to appear but they did not, the Court heard and granted the application. When the Plaintiff was to mount the witness box to give his further evidence in chief, a lawyer filed notice of appointment of solicitor for the Defendants. Counsel for Plaintiff intimated to the Court that although he has been served with the notice of appointment of solicitor the Court may proceed with the case. Counsel holding brief for the Defendants prayed the Court to oblige the Defendants and their Counsel with one last opportunity to appear failing that the Court may proceed.

The Court granted the Defendants’ prayer, adjourned the case and ordered the Defendants to procure a copy of the proceedings for their lawyer to appear at the next sitting to cross– examine the Plaintiff and if they fail to do so the Court will proceed without them. The Plaintiff gave his further eviden