B.H. Industries Ltd Vrs Adamu and Another [2007] GHACA 9 (19 January 2007)

B.H. Industries Ltd Vrs Adamu and Another [2007] GHACA 9 (19 January 2007)

The failure to ensure proper service of hearing notices on the defendant prior to the hearing and the lack of enquiry into the complaint of non-service amounted to a breach of the audi alteram partem rule, depriving the court of jurisdiction to proceed against the defendant.

Citation
[2007] GHACA 9
Parties
Defendant/appellant: B. H. Industries Limited; Plaintiff/respondent: Sheibu Adamu; Plaintiff/respondent: Madam Hawa
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
19 January 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Service of Process, Audi Alteram Partem, Setting Aside Ex Parte Orders
Source Language
English
Civil Procedure Service of Process Audi Alteram Partem Setting Aside Ex Parte Orders

Case Brief

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Parties

B. H. Industries Limited

Defendant/appellant

Sheibu Adamu

Plaintiff/respondent

Madam Hawa

Plaintiff/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant was properly served with the motion for appointment of auditor
  2. 2 Whether the defendant was given a fair hearing
  3. 3 Whether the ruling was against the weight of evidence

Ratio Decidendi

The failure to ensure proper service of hearing notices on the defendant prior to the hearing and the lack of enquiry into the complaint of non-service amounted to a breach of the audi alteram partem rule, depriving the court of jurisdiction to proceed against the defendant.

Court Disposition

appeal allowed

Orders

  • Orders for the appointment of an auditor set aside