[1988]DLHC686 • October 18, 1988 • High Court
TANKO vs. STATE FARMS CORPORATION AND ANOTHER
The plaintiff initiated a civil claim against the defendants. The case was initially scheduled for hearing over several days in June 1988. On the first hearing date, the defendants' counsel requested an adjournment, which was granted. However, on the adjourned date, neither the defendants nor their counsel appeared in court. The court stood down the case but upon their continued absence, proceeded ex parte with the plaintiff leading evidence in support of his claim. Subsequently, the defendants filed a motion to arrest judgment after becoming aware of the impending judgment date.
read moreJUDGMENT OF KPEGAH J. I will here be considering whether a defendant in a civil case can bring an application in arrest of judgment. This case was originally fixed for hearing on 20 June 1988 to be taken from day to day up to 22 June 1988 for completion. When the matter was called, learned counsel for the defendants, Mr. E. F. Short, sought and was granted an adjournment to 19 July 1988. On the said adjourned date, neither learned counsel nor his client were in court. The case was stood down in the hope that they would later turn up in court. The case was later called a second time and they were still not in court. I decided, therefore, to proceed with the case ex parte. The plaintiff then led evidence in support of his claim. I adjourned to 22 July 1988 for judgment. Mr. Short became aware of this and immediately filed a motion to arrest judgment. Despite my certain misgivings about the application to me to restrain myself from giving judgment, a legitimate function, I decided, ...