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February 28, 2023
DISTRICT COURT
GHANA
CORAM
Plaintiff on the 05/01/23 was issued a writ of civil summons out of the Registry of this
Court claiming the following reliefs;
a. Recovery of an amount of GH¢1,300.00 from the defendant.
b. Interest on the said amount in relief. A.
CASE FOR THE PLAINTIFF
Besides himself, the plaintiff called one witness.
According to the plaintiff in November, 2020, the defendant bought 31 teak trees and 60
Cedilla trees all valued GH¢3,200.00 Plaintiff stated that out of this the defendant paid
GH1, 900.00 leaving GH¢1, 300.00 unpaid. Hence the instant action.
Pw1, Akosua oppong @ Akua Amoakowaa corroborated the evidence of the plaintiff in
all material respects.
Suffice it to say that the plaintiff closed his case after the evidence of Pw1.
CASE FOR DEFENCE
The court's records indicate that the defendant was served by substituted service
because he was not available for personal service to be effected.
Order 4 rules 5 of CI 59, District court rules, 2009 enacts; where it appears to the court
either after or without on attempt at personal service that for any reason personal
service cannot be conveniently effected, the court may order for substituted service.
The implication is that substituted service is as good as personal service.
Notwithstanding the subsided service, the defendant was not in court to cross examine
the Plaintiff and his witness.so the court decided to proceed with the hearing of the case
without any reference to the defendant again Hence the court closed the case for the
defendant after the plaintiff and his witness have testified and adjourned the case for
judgment as I was satisfied that the defendant was not prepared to court to come
contest to defend the case.
What is the legal implication or effect of the defendant's refusal to appear in court to
contest or defend the case?
According to Order 25 rule 1 (2) (a) of CI 59 where an action is called for trial and a
party fails to attend the trial magistrate may, where the plaintiff attends and the
defendant fails to attend dismiss the counterclaim if any and allow the plaintiff to prove
the claim.
In the instant case even through the defendant was served, he failed to attend court. My
conclusion was that his refusal to participate in the proceedings was deliberate, and that
influenced my decision to close his case because I think the case cannot sit on the cause
list indefinitely for the only reason that the defendant was either. Unwilling or not
prepared to come to c
AI Generated Summary
The District Court, presided over by His Worship Clement Kwasi Asomah, heard a civil claim filed on 05/01/23 in which the plaintiff sought to recover GH 1,300 and interest from the defendant. The claim arose from a November 2020 transaction whereby the defendant purchased 31 teak trees and 60 Cedrella trees valued at GH 3,200, paid GH 1,900, and purportedly left GH 1,300 outstanding; Pw1, Akosua Oppong (Akua Amoakowaa), corroborated the plaintiffs testimony. The defendant could not be personally served, so substituted service was ordered under Order 4 rule 5 of C.I. 59, which the court regarded as equivalent to personal service. Despite valid service, the defendant failed to attend to cross-examine or defend. Applying Order 25 rule 1(2)(a), the court proceeded in his absence, closed the defence after the plaintiffs evidence, and adjourned the case for judgment, deeming the defendants refusal deliberate.