SYNDICATED CAPITAL LIMITED ACCRA NORTH vs. UNITY RURAL BANK LIMITED AND SERAPHEM SENYO HINIDZAH

The new lawyers for the 2nd defendant absent without excuse or justification. The plaintiff has closed its case. The plaintiff was allowed to testify when the defendants and their counsel failed to appear and there was no excuse or justification. By Gblorkpor for the 1st defendant - The witness statement of the plaintiff's witness was not verified. It is essential that the witness statement was verified. So the plaintiff was not properly before the court. I rely on the 1995 edition of the White Book, pages 640-650. The court should not have admitted a defective witness statement. By plaintiff's counsel - We concede that the witness statement of the plaintiff was not verified. It does not have a statement of truth attached. We however rely on Order 81 and the decision in Ex parte Allgate, and submit that the non compliance is curable by order 81 as it does not go to jurisdiction or the rules of natural justice. There was a case management conference where the 1st defendant's...