[2002]DLHC7497December 20, 2002High Court

ELVIS ODEI vs. PRINCE ADU & ORS

Plaintiff sued the defendants claiming Special and general damages suffered as a result of injuries sustained in an accident involving vehicle with Registration No. GR 7695 Q on 30/1/00, due to the negligent driving of the 1st defendant, then agent or servant of the 2nd and 3rd defendants, plus interest on any sums found due to the plaintiff from the date of the accident to date of payment. The defendants who were served through substitution failed to enter appearance to the writ. Interlocutory judgment in default of appearance was accordingly entered against the defendants in favour of plaintiff on 29/10/01. Before then the 4th defendant's name was struck-out from the action leaving only the 1st, 2nd and 3rd defendants. The three defendants were again served with hearing notices through substitution to appear in court for the assessment of damages but failed to do so. This court was therefore compelled, under the circumstances, to hear plaintiff's case in the absence of defendan...