R U L I N G
1. Applicant herein took a writ of summons from the Registry of this Court on 19/07/2019, on 23/07/2019, he filed the motion under consideration.
The writ and the motion were both served on the Defendant/Respondent on 25/07/2019.
When the motion was called Respondent failed to appear in Court. However, its’ Counsel Kwame Fosu Gyeabour, who was also absent, wrote to the Court seeking an adjournment.
Meanwhile, Respondent has neither filed a Notice of Appearance nor an affidavit in opposition of this motion.
The above notwithstanding, this Court heard the motion because Applicant has complied with all the rules of procedure. Therefore the party in default cannot be awarded, with an adjournment that will mean giving him a benefit, for disregarding the rules of this Court.
This Court proceeded to hear the motion, placing reliance on ORDER 36 Rule 1 (2) of the High Court Civil Procedure Rules, 2004, C.I. 47/04.
2. THE FACTS IN SUPPORT
The affidavit of Appl…