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GHANA COMMERCIAL BANK LTD V. CHRIS TRADING STORE

(2017) JELR 66637 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/30/2016  •  3 May 2017  •  Ghana

Coram
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.

Judgement

JUDGMENT

SOWAH, J.A.

This appeal is from the Ruling of the High Court, Koforidua which set aside a previous order of the same court dismissing the plaintiff/respondents’ suit for want of prosecution.

The parties in this appeal will be referred to by their designations at the trial high court.

It is provided by the High Court (Civil Procedure) Rules 2004, C.I. 47, Order 36 rules 1 and 2 as follows:

“Failure to attend at trial:
1. (1)Where an action is called for trial and all the parties fail to attend, the trial Judge may strike the action off the trial list.
(2)Where an action is called for trial and a party fails to attend, the trial Judge may
a. where the plaintiff attends and the defendant failed to attend, dismiss the counterclaim, if any, and allow the plaintiff to prove the claim.
b. where the defendant attends and the plaintiff fails to attend, dismiss the action and allow the defendant to prove the counterclaim, if any, or
c. make such other order as is just.
Judgment given in absence…

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