[2010]DLHC8468 • March 31, 2010 • High Court
CHARLOTTE YAA BADU – BENEWAA vs. MATHIAS ANTO
The respondent, biological daughter of the applicant, initiated a suit claiming title to a house at Denchemuoso, Kumasi, damages for trespass, and an injunction against the applicant. The applicant counterclaimed ownership and possession of the house and land, damages, and injunction. The respondent's claim was dismissed due to the applicant's persistent absence from court. The applicant applied to set aside the dismissal, asserting lack of notice of the dismissal application.
read moreThe Plaintiff /Respondent, hereafter called the respondent, is the biological daughter of the defendant / applicant, to be referred to in this ruling as the applicant. The respondent caused to be issued a writ of summons from the registry of this Court claiming declaration of title to a house situated at Denchemuoso in Kumasi, damages for trespass and injunction to restrain the defendant. The applicant counter-claimed for ownership of the house, an order for the piece of land on which the house is situated to be re-registered in her name, recovery of possession, general damages and injunction. After the directions were taken, the respondent applied, and was granted an order dismissing the claim of the applicant on the ground that she and her counsel were persistently absent from court, and were, therefore, not interested in prosecuting her action. The applicant has now applied for an order of the court to set aside the order that dismissed her claim because she asserts she was...