W.O.1 RETIRED SAMUEL ASHIA vs VICTORIA OSEI

BY COURT: From the record of proceedings the defendant at all material times had constructive and actual notice of the proceedings but opted/and or neglected to defend the suit. Defendant after entry of appearance filed on 4/5/2023 opted and/ or neglected to act albeit timeously by failing to file necessary processes as directed by the court. Indeed, on 4/5/2023 and 26/6/2023 the defendant was represented in court per the court proceedings. The counsel for defendant on 4/5/2023 prayed the court differently constituted for adjournment to allow him file necessary processes in opposition to an application for injunction but failed to do so and attend court on the next adjourned date upon which the court went ahead and gave its ruling on the injunction application.

It is the view of this court that counsel for defendant has not been candid with the court. There is evidence on record that the motion on notice for judgment in default of defence was served on counsel for defendant by name Francis Osei Bonsu(Esq.)on the 17th May 2023. The Defendant again failed to file an affidavit in opposition to the said application. On 12th January 2024 this court differently constituted granted interlocutory judgment in favour of Plaintiff and against defendant. The order of interlocutory judgment was served on Defendant personally on 22nd January2024.

Subsequently, several hearing notices together with court notes have been served on the Defendant personally as well as his lawyer especially on the 28th June 2024, 13thMay 2024, 14th May 2024, 1st July 2024 but they failed/and or neglected to attend court. The court has since gone ahead to take the evidence of the Plaintiff and witnesses and has adjourned the case for judgment. The Defendant/Applicant has now surfaced in court praying for an order setting aside the proceedings and be granted leave to file her statement of defence. The Defendant counsel reason being that after filing appearance, they lost touch with the Defendant and on the verge of withdrawing their services when defendant contacted them again.

It is trite that the Rules of court are devised for the expeditious dispatch of cases. Ordinarily a party should not be denied an adjudication of his case on its merits on account of any procedural default unless the default would cause or have caused a real risk of prejudice to the other party. Again, where a party voluntarily and deliberately failed and/or refused to attend court of competent jurisdiction or app