[2013]DLCA8059March 7, 2013Court of Appeal

AKWASI FRIMPONG & 2 ORS. vs. DR. SAMUEL OHENE

MARIAMA OWUSU, J.A On 6-2-2012, the High Court, Accra, ruled as follows; “When this suit was called for hearing on the 12-12-2011, it was realized that Plaintiffs per 1st Plaintiff had written a petition to the Honourable Chief Justice seeking a transfer of the case from this court to another court. The Plaintiffs and Counsel were absent and I adjourned the suit to the 18-1-2012. All parties and Counsel were absent on that date and the suit was further adjourned today the 6-2-2012 for hearing. The Defendant has caused hearing notice to be served on Counsel for Plaintiffs and there is proof of service on the said Jonathan Sabblah on the 20-1-2012. The Plaintiffs and their Counsel are still absent without any cause shown. The claim of the Plaintiffs is accordingly dismissed under Order 36 rule 1 [2] [b] of CI 47/04. The counterclaim of the Defendant filed on the 15-9-2010 is hereby set down for trial. The Defendant shall hereby serve another hearing notice on the Plaintiffs to appear.....