THE BOARD OF GOVERNORS vs. P H C MOTORS LIMITED

The Plaintiffs brought an action against the Defendants claiming a refund of an amount of GH¢ 68,510.00 together with interest or in the alternative an order for the replacement of Tata LP 709E 33-seater bus paid for by the Plaintiffs. Having entered appearance through their lawyers, the Defendants failed to file a defence within the period fixed by Order 11 rule 2(1) of C.I. 47. Consequently, the Plaintiffs gave notice to the Defendants and obtained an interlocutory judgment in default of defence under Order 13 of C.I. 47. Thereafter, there were attempts at settlement which could not materialize. The Plaintiff again caused a hearing notice to be served on the Defendant. Thus, on 18th March, 2013, notice was duly served on the Defendants through their Branch Manager at Kumasi for the consequential matters to be gone into on 23/03/2013. The Defendants failed to come to court on that day. Their lawyer was also absent. The Chairman of the Plaintiffs Board of Directors gave evidenc....