Ghana Judgment

ghadc

Ababio Vrs Ewule [2023] GHADC 592 (13 January 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Judgment was entered for the Plaintiff as the Defendant, after due service and several adjournments, failed to appear or defend the suit. The Plaintiff is entitled to all reliefs claimed.

Court disposition

Judgment for Plaintiff

Orders

  • Defendant to pay Plaintiff GH¢2,500.00 being balance of money paid for supply of drink which Defendant refused to supply.
  • Defendant to pay GH¢105.00 miscellaneous expenses incurred by Plaintiff in pursuing Defendant for the supply of the drink.
  • Defendant to pay cost of GH¢1,000.00 in favour of the Plaintiff.
  • All orders to be carried out within one month from the date of service of a copy of the Judgement on the Defendant.

02

Material facts

Parties

Janet Ababio

Plaintiff

Nyamekeh Ewule

Defendant

Amounts and remedies

  • Balance of Money Paid for Supply of Drink: GHS 2,500
  • Miscellaneous Expenses: GHS 105
  • Costs Awarded: GHS 1,000

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff claimed the Defendant failed to supply drink after payment and sought recovery of the balance, miscellaneous expenses, and costs.
Respondent
Defendant did not appear or file a defence despite due service.

05

Court’s reasoning

  1. 01

    Practice and Procedure In The Trial Courts, And Tribunals of Ghana, 2nd Ed. p 280

    A party who fails to appear in court after due service is taken to have deliberately failed to take advantage of the opportunity to be heard. The audi alteram partem rule is not breached in such a situation.

  2. 02

    Ankumah v City Investments Co. Ltd [2007-2008] I SCGLR 1064

    A court is entitled to give a default judgement if the party fails to appear after notice of the proceedings has been given.

06

Ratio, limits and disposition

Ratio decidendi

Judgment was entered for the Plaintiff as the Defendant, after due service and several adjournments, failed to appear or defend the suit. The Plaintiff is entitled to all reliefs claimed.

Court disposition

Judgment for Plaintiff

  • Defendant to pay Plaintiff GH¢2,500.00 being balance of money paid for supply of drink which Defendant refused to supply.
  • Defendant to pay GH¢105.00 miscellaneous expenses incurred by Plaintiff in pursuing Defendant for the supply of the drink.
  • Defendant to pay cost of GH¢1,000.00 in favour of the Plaintiff.
  • All orders to be carried out within one month from the date of service of a copy of the Judgement on the Defendant.

Source and reliance status

ghadc · 13 January 2023

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Judgment reading view

Judgment text

The complete available source text.

Source document

ghadc

Judgment· 13 January 2023

Ababio Vrs Ewule [2023] GHADC 592 (13 January 2023)

IN THE DISTRICT COURT HELD AT HALF ASSINI ON FRIDAY, THE 13TH DAY OF JANUARY, 2023. BEFORE HIS WORSHIP WILLIAM OFORI-ABOAGYE - DISTRICT MAGISTRATE– SUIT NO. WR/HA/DC/A2/30/22

JANET ABABIO -VRS. -

NYAMEKEH EWULE

J U D G E M E N T By Court: The Plaintiff herein issued against the Defendant a Writ of Summons in this Honourable Court on 29-3-22 for reliefs endorsed thereon. The Writ and a Hearing Notice were duly served on the Defendant by Substituted Service per the order of this court on 31-05-2022. This was after several attempts were made by the Plaintiff to serve the Defendant had failed. The matter has seen several adjournments all in an effort for the Defendant to either enter appearance or file a defence. The Honourable Court is therefore compelled under the circumstance to give judgment in favour of the Plaintiff herein. 1 “A party who fails to appear in court after due service on him is taken to have deliberately failed to take advantage of the opportunity to be heard. The audi alteram partem rule cannot be said to have been breached in such a situation”. Per Brobbey JSC in his book Practice and Procedure In The Trial Courts, And Tribunals of Ghana, 2nd Ed. p 280. In the case of Ankumah v City Investments Co. Ltd [2007-2008] I SCGLR 1064 it was held that “The Defendant, after several attempts was finally served but failed to appear in Court. The trial court rightly adjourned the case for judgement. A court is entitled to give a default judgement, as in the `1instant case, if the party fails to appear after notice of the proceedings has been given to him. For then, it would be justifiable to assume that he does not wish to be heard”. I therefore give judgement in favour of Plaintiff for all her reliefs (a-c) as endorsed on her Writ of Summons.

ORDERS The following orders are hereby made: (1) Defendant to pay to the Plaintiff GH¢2,500.00 being balance of money paid for supply of drink to her which Defendant refused to supply. (2) Payment of GH¢105.00 miscellaneous expenses incurred by Plaintiff in pursuing Defendant for the supply of the drink. (3) Cost of GH¢1,000.00 in favour of the Plaintiff and against the Defendant. (4) All orders are to be carried out within one month from the date of service of a copy of the Judgement on the Defendant. 2 (SGD) H/W. WILLIAM OFORI-ABOAGYE (MAGISTRATE) 13-01-2023 3

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Ankumah v City Investments Co. Ltd [2007-2008] I SCGLR 1064

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