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HEGGIE (MARRIED WOMAN) V. COMMONWEALTH HAULAGE CO. LTD.

(1963) JELR 83758 (SC)

Supreme Court  •  11 Mar 1963  •  Ghana

Coram
VAN LARE JSC, MILLS-ODOI JSC, AKUFO-ADDO JSC.

Appearances
E. K. Akyea-Djamson For The Appellant. E. B. Gaisie For The Respondents.

Judgement

VAN LARE J.S.C.

This is an appeal from an order of Charles J. made in the High Court, Sekondi, on the 2nd May, 1961, striking out the appellant's action against the respondent firm, according to the notes, "for want of prosecution." This followed an application on behalf of the appellant for an adjournment for stated reasons including particularly that the court had not yet made an order for delivery and inspection of documents as asked for in the summons for directions filed. Counsel for the respondents before us asked the court to strike out the case for want of prosecution alleging that most of the adjournments had been at the instance of the appellant in this court. This allegation does not appear to be borne out by the record which shows that in respect of the application for directions in the court below there was only one adjournment which was rather at the instance of counsel for the respondent. However, be that as it may, the learned judge, without specifically refusing the ap…

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