SAMUEL DAWUTEY v. MR. THEO AND DANIEL APPIAH KWAME

J U D G M E N T

This suit is a referral from the Rent Officer Gloria Adjei Kotei, Lower-Krobo in which

the Plaintiff claims the following against the Defendants:

1. An order of the Court for the enforcement of the ruling of the Rent

Control/Office, Odumase Krobo.

2. An order of the Court to eject the Defendant from a store/room in H/NO. G 27/7

Korletsom-Odumase.

3. Recovery of GH¢850.00 being Rent arrears owed for 2021 and for January 2022

to September 2022.

4. Costs of litigation.

Hearing Notice could not be served on the Defendants because they could not be

located as such. An affidavit of Non-service was filed. The Plaintiff filed an ex-parte

Motion for the grant of leave to serve the Defendants with the Hearing Notice, Writ of

Summons and a copy of the referral document from the Rent Officer by way of

Substituted service and this was granted per the Court’s ruling and same was

executed but the Defendants failed to appear in Court.

Order 1 of the District Court Rules 2009 (C.I 59) provides that the rules shall apply to

all Civil proceedings in the District Court and shall be interpreted and applied so as to

inter alia achieve speedy and effective justice and avoid delays and unnecessary

expense and also to ensure the complete, effective and final determination of all

matters in dispute.

Order 27 rule 1 of C.I. 59 provides as follows:

It is the duty of the parties, their lawyers and the Court to avoid unnecessary

adjournments and other delays and ensure that causes or matters are disposed of as

speedily as the justice of the case permits.

Also in the case of REPUBLIC V. HIGH COURT, KOFORIDUA; EX-PARTE EASTERN

REGIONAL DEVELOPMENT CORPORATION [2003-2004] SC GLR 21 it was held that:

“…….in it’s remedial or practical character, the rules of procedure should serve

the purpose of facilitating the sound management of litigation and process

efficiency. It is these basic characteristics of Civil Procedure rules that facilitate

the realization of the overall objective of the judiciary which is to ensure access

to justice for all.”

The Court relied on the provisions in the statute Law and principle of the case Law

cited above and ordered the Plaintiff to file his Witness Statement which he did to

pave way for Hearing.

The Plaintiff’s case is that he is one of the administrators of the estate of his late father

Joseph Ebenezer Dawutey and has taken the instant action on his own behalf and on

behalf of his siblings. He stat