RULING
BAFFOE-BONNIE, JSC
For a fuller appreciation of this ruling I will set out in material detail the facts and series of events that have culminated in this application.
The interested party herein, David Ametefe, brought an action in tort against ‘ROSE BIO ATINGA’ and 5 other named persons claiming among other reliefs, damages for wrongful arrest and damages for assault and battery. This writ was issued on 27/1/2011. The trial which started in 2012, for some unexplained reasons, travelled through to October 2016.
On 26th October, 2016 when 2nd defendant, who was then in the box for continuation of cross-examination, failed to appear, the trial judge ruled thus,
“The defendants have continuously been absent to prosecute. I would expunge the evidence of the 2nd defendant from the record and deem the evidence of the defendants to have been closed and further direct the plaintiff to file their written addresses on or before 11th day of November, 2016 with the defendants reac…