MR. BIGG’S V. STEPHEN OWUSU BOATENG

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

The Plaintiff herein proceeded with its case against the Defendant under Order 36 rule (1) (2) (a) of the High Court (Civil Procedure) Rules, 2004 C.I. 47. It provides as follows:

Rule (1) (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 fails to attend, dismiss the counterclaim, if any, and allow the plaintiff to prove the claim.

It is important to give a brief history of the instant case. It was listed for hearing on 6/11/2013. The Defendant and his counsel were absent without reason. Two adjournments were given and a hearing notice was duly served for the last time on counsel for the Defendant per the affidavit of service filed on 16/01/2014. When the case was called for hearing on 29/01/2014, again, the Defendant and his counsel were not in court. In accordance with the above cited provision of C.I. 47, the Defendant’s counterclaim was dismissed and the Plaintiff …