ESSAH V. SOFO

EDUSEI J.: The plaintiff sued the defendant in the District Court Grade II, Nkroful, to assign reasons for recklessly swearing the oath “Ehanu” against him. On the failure to assign good reasons for so doing the plaintiff claimed from the defendant “the sum of N¢200.00 damages for obstructing and depriving the plaintiff of his livelihood on (his) plaintiff’s farm.”

The case first came before the trial court on 26 February 1970, and it was adjourned to 11 March 1970. It was again adjourned to 25 March 1970. On 25 March 1970, it was further adjourned at the instance of both parties to 22 April 1970, and the order of the court was as follows: “Case is adjourned sine die pending settlement out of court.”

On 8 July 1970, the solicitor for the plaintiff filed a motion under Order 52, r. 14 of Schedule II to the Courts Ordinance, Cap. 4 (1951 Rev.), praying for “an order that the arbitrators’ report be adopted, and judgment given to the plaintiff.” The defendant filed an affidavit opposing the…