[2016]DLHC8493 • December 4, 2016 • High Court
FRANCES ANANE AGYEI vs. YAW OKYERE & 3 OTHERS
The instant suit was filed in the Registry of this court on 2nd March, 2005, well over eleven years ago. It suffered several adjournments over the years, a major reason being the tendency of the defendants to change lawyers. In the course of the pendency of the case, the court was informed the 2nd and 3rd defendants had passed away. The 3rd defendant died at the tail end of the hearing of the suit after she had cross-examined the plaintiff and his witnesses. She did not however testify before her death. None of the deceased defendants was substituted. It is also on record that the 1st defendant was consistently absent. Consequently, he was not available to testify when the opportunity was given the defendants to lead evidence in support of their side of the case. For the most part of the pendency of the suit, it was shouldered by the 4th defendant. The plaintiff described himself as a farmer living at Adowa near Jacobu. His claim is in respect of a parcel of land with a cocoa farm ...