[2016]DLHC3580 • January 25, 2016 • High Court
BIZZACO LTD. vs. ACCRA METROPOLITAN ASSEMBLY
The plaintiff, Bizzaco Ltd., initiated a suit against the Accra Metropolitan Assembly (AMA). The case proceeded to trial after failure to settle at pre-trial conference. The court ordered the plaintiff to file witness statements and documents first, followed by the defendant. Plaintiff complied; defendant did not. Defendant also failed to attend scheduled case management conferences despite service of hearing notices. The court struck out the defendant's statement of defence and proceeded with the plaintiff's claim, which included special damages. Defendant later appeared and applied to restore its statement of defence and file witness statements and documents.
read moreThe suit was slated before the court for trial after the pre trial conference failed to settle the matter between the parties. The court as part of the measures for expeditious trial of the action and in pursuance of Order 32 Rule 7A of the High Court (Civil Procedure) Rules, C. I. 47 as amended by the High Court (Civil Procedure) Amendment Rules, C. I. 87, ordered the Plaintiff to first file witness statements of all its witnesses and accompany same with the documents it intends to rely on at the trial. There was also a further order that upon service of the Plaintiff’s documents and witness statements on defendant, Accra Metropolitan Assembly (AMA), it also had fourteen days to file its own documents. The plaintiff duly complied with the orders of the court whiles the Defendant failed to comply. Various hearing notices were served on the defendant for it to appear for case management conference which said notices were spurned. The court accordingly invoked its powers under Rule .....