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Non-holding of pre-trial conference did not prejudice parties and does not vitiate proceedings. Special damages for car hire and medical expenses were only proved up to the amounts supported by receipts issued before filing the suit. General damages were justified based on evidence of bodily injury and loss of income. No contributory negligence was established.
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The High Court Land Division set aside an ex parte order after applicants showed cause for nonappearance and the respondents did not oppose the motion.
The Court of Appeal held that the High Court breached the right to be heard by dismissing a suit suo motu at FPTC without hearing counsel. The appeal was allowed.
The Court of Appeal nullified a High Court order striking out a bank’s defence, holding that the court failed to hear a preliminary objection and denied a fair hearing.
Documents annexed to the plaint or filed as additional documents pursuant to court order before the final pre-trial conference are admissible. The Defendant's objection is without merit as the Plaintiff complied with procedural requirements and no prejudice was demonstrated.
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The court held that the defendant's failure to file a witness statement for the BRELA witness within the prescribed time under Rule 49(2) cannot be cured by invoking natural justice or the Civil Procedure Code without citing specific provisions. The Rules are clear and mandatory, and allowing late filing or viva voce evidence would prejudice the other party and undermine procedural integrity.
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The applicant failed to show sufficient cause for extension of time to file witness statements. The reasons advanced—awaiting framing of issues and distance—are not valid grounds. The witness statements were filed out of time without leave of court and are expunged. Failure to file witness statements within the prescribed period is fatal and warrants dismissal of the suit for want of prosecution.
Source excerpt
In a murder prosecution, the accused pleaded not guilty, a post-mortem report was admitted, and the trial was adjourned with the accused remanded in custody.
The High Court limited disclosure of witness statements in a criminal revision, holding that only statements meeting the Criminal Procedure Act conditions must be supplied.
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