LANDS VALUATION BOARD V. NANA ANIMA II (QUEENMOTHER OF THE MANKRALO STOOL) APAASO
(2020) JELR 112274 (CA)
Court of Appeal
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H1/177/2020
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26 Nov 2020
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Ghana
Coram
MARGARET WELBOURNE, J. A. (PRESIDING)
NICHOLAS C. AGBEVOR, J.A.
ERIC K. BAFFOUR, J.A
Appearances
Daniel Offei Gyenti, family Elder Represent Plaintiff/Respondent.
Douglas Obeng for 1st Defendant/Appellant Present.
David Vandyck for the Plaintiff/Respondent Present.
Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BAFFOUR J.A:</u></strong></p><p style="text-align: justify"><strong><u>INTRODUCTION</u></strong></p><p style="text-align: justify">This appeal raises for our consideration the hackneyed and often hallowed principle of the service of due notice on a party in a pending matter before the business of a trial court commences for a Judge to preside over the determination of a matter. If a party has not been duly notified of the conduct of the business of a court, then a court whose attention is drawn to such a palpable lapse must always strive to set the record straight and offer the aggrieved party not served the opportunity to be heard. On the other hand, if a party has been served with the necessary processes for his/her appearance in court and same exercise the option not to be present or refuse to participate in the business of the court, then it lies not in then mouth of such a party to turn round and complain that a decision has been delivered without any input from his/her side. For this there are a host of authorities that are explored infra. But first the factual matters that h…</p>