BARBARA ACKAH-YENSU, JA
The fundamental issue raised in this appeal is whether or not the trial Judge was right in making the order to expunge the evidence adduced in the case in his Ruling dated 29th May 2013.
The grounds of appeal as set out in the Notice of Appeal is as follows;-
“1. The decision of the Honourable court expunging the
evidence adduced in the suit is unwarranted in law
2. Additional grounds to be filed.”
The Defendant/Appellant however did not file any additional issues and argued the appeal on the sole ground above. The Plaintiff/Respondent did not respond to Defendant/Appellant’s written submissions. The law is trite that the Court is enjoined to proceed with its judgment even if the Respondent does not file a written submission of his case. In such circumstances he may only be heard on the question of cost; Rule 20 of the Court of Appeal Rules, 1997, C. I. 19.
The facts of the case are that per a lease agreement executed in March 2006 between the Parties, the …