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AKWASI FRIMPONG & 2 ORS. V. DR. SAMUEL OHENE

(2013) JELR 66454 (CA)

Court of Appeal  •  SUIT NO: H1/8/2013  •  7 Mar 2013  •  Ghana

Coram
ASARE KORANG J.A. (PRESIDING), OWUSU M. J.A., ACQUAYE J.A.

Appearances
MR. KWAME FOSU GYEABOUR FOR PLAINTIFFS/APPELLANTS,MR. EMMANUEL OHENE FOR DEFENDANT/RESPONDENT

Judgement

MARIAMA OWUSU, J.A.

On 6-2-2012, the High Court, Accra, ruled as follows;

“When this suit was called for hearing on the 12-12-2011, it was realized that Plaintiffs per 1st Plaintiff had written a petition to the Honourable Chief Justice seeking a transfer of the case from this court to another court. The Plaintiffs and Counsel were absent and I adjourned the suit to the 18-1-2012. All parties and Counsel were absent on that date and the suit was further adjourned today the 6-2-2012 for hearing. The Defendant has caused hearing notice to be served on Counsel for Plaintiffs and there is proof of service on the said Jonathan Sabblah on the 20-1-2012. The Plaintiffs and their Counsel are still absent without any cause shown. The claim of the Plaintiffs is accordingly dismissed under Order 36 rule 1 [2] [b] of CI 47/04. The counterclaim of the Defendant filed on the 15-9-2010 is hereby set down for trial. The Defendant shall hereby serve another hearing notice on the Plaintiffs to appear for…

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