HBM COMPACT LTD vs. PROTEUS LTD.

The Plaintiff/Respondent (hereinafter, referred to as “Plaintiff”) sued the Defendant/Applicant (hereinafter, the “Defendant”) for the following reliefs endorsed on the Plaintiff’s writ of summons and the supporting statement of claim: “(a) payment of the sum of GH¢178,500 being the cost of 5,100 bags of cement supplied the defendant company which defendant company has failed and/or refused to pay for. (b) Interest on the sum in (a) from the 23rd October, 2014 till date of final payment. (c) Costs.” On March 22, 2016, when the case was called for the trial to begin, the Plaintiff and his counsel were in court. Even though there is proof on the record that counsel for defendant had been served with the hearing notice and the court’s notes entered at the last sitting, neither the Defendant nor its counsel was in court. After evidence had been taken in the matter, including the testimony of the Plaintiff’s representative and Plaintiff’s Witness, the Court e...