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JUDGMENT
By the endorsement on the amended writ of summons issued from the registry of this court
on 26thJune, 2023, the plaintiff seeks the following claims against the defendant;
1. An order directed at the defendant to settle rent arrears and damages of
GH¢1,200.00 andGH¢1,470.00 respectively as found by the Principal Rent Officer.
2. An order directed at the defendant to settle rent arrears from April 2023 until
date of finaljudgment.
3. An order directed at the tenant to vacate the premises forthwith.
4. Costs.
From the records, the defendant failed and/or refused to participate in the court
proceedings for whatever reason best known to him despite the service of hearing notices
on him requesting him to appear before the court to defend the suit. The court therefore
had no option than to proceed with the trial to its conclusion resulting in the instant
judgment.
It is trite learning that a party to a case may refuse to participate in the proceedings
altogether or fail to lead evidence. The rule therefore is that when a party is given
opportunity to participate in 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
deductions or 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 to prove 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
a fact 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 duty to help his own cause or case by adducing before the court such
facts or evidence that will induce the determination to be made in his favour. The
logical sequel to this is that if he leads no such facts or evidence, the court will be
left with no choice but t