[2022]DLHC16986November 28, 2022High Court

BEATRICE ALI AMOAH AND SAMUEL ATIMOH vs. DR. ISAAC ENYAN AND STEPHEN KWAME ATTAH OWUSU

JUDGMENT Introduction This is a simple matter arising out of contract for a loan facility and supply of goods. I am extremely saddened that this matter had to go through full trial which spanned a little close to the north of two years. I am of the considered view that the lawyers in this matter, giving the commercial and personal relationships between the parties, and the simplicity of the issues involved, failed in their duty to actively encourage the parties to take advantage of the pre-trial mediation conference to resolve this dispute. Indeed I find from their conduct that they rather unfortunately emboldened the parties to go through the drudgery of a laborious, time and expense consuming litigation. Let me ride on the back of this case to encourage lawyers to as a fundamental rule prioritise to use of alternative dispute mechanisms in resolving disputes. Be that as it may, as fate would have it, the court has been called upon to determine the respective rights of the parties...