FAH vs. BEDIATUO II AND OTHERS [1964]DLHC1900

Date	1964-06-30
Suit No.
Citation No.	[1964]DLHC1900

LASSEY J.

P. A. PEPRAH FOR THE APPLICANT.

K. A. ANSAH-TWUM FOR THE RESPONDENTS.

[1964]DLHC1900
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													<main id="main" class="content" style="min-height: 60rem" >FAH <o:p></o:p>vs. <o:p></o:p>BEDIATUO II AND OTHERS <o:p></o:p>[HIGH COURT, SUNYANI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; [1964] GLR 468<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
30 JUNE 1964.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

P. A. PEPRAH FOR THE APPLICANT.<o:p></o:p>

K. A. ANSAH-TWUM FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

LASSEY J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF LASSEY J.<o:p></o:p>This is a
motion supported by an affidavit brought under Order 70, rr. 1 and 2 of the
Supreme [High] Court (Civil Procedure) Rules, 19541 on behalf of the plaintiff
in the above-named suit, asking this court for an order to set aside the
proceedings, including the judgment of Bruce-Lyle J. (as he then was) dated 7
June 1963, on the ground that there had been non-compliance with the said
Order.<o:p></o:p><o:p>&nbsp;</o:p>The brief
history of the suit terminating in the judgment of the court on 7 June 1963, is
as follows: On 2 February 1962, the plaintiff, who is the applicant herein took
out an ordinary writ of summons with an accompanying statement of claim against
the three defendants, claiming against them special and general damages for
trespass and also an order for perpetual injunction in respect of his farm.<o:p></o:p><o:p>&nbsp;</o:p>On 4
February 1962 appearance was formally entered to the plaintiff‘s writ on behalf
of all the three defendants and a statement of defence delivered on 28 February
1962. In addition the first defendant counterclaimed against the plaintiff for
damages and for an order of perpetual injunction to which a reply was delivered
on behalf of the plaintiff on 17 March 1962. On 18 April 1962 issues as set out
on a summons for directions taken out on behalf of the plaintiff were agreed
and settled for trial, and the case was adjourned until 18 May 1962.<o:p></o:p><o:p>&nbsp;</o:p>On 18 May
1962 counsel for the plaintiff applied to the court to have the said suit and
another suit No. L.C. 7/62 entitled Kwadwo Yeboah v. Nana Abrefa VI
consolidated and tried together in one trial. This was agreed to by Mr.
Ansah-Twum for the defendants, and an order of the court was accordingly made
to that effect, and the consolidated suits were then adjourned until 22 May
1962 for a licensed surveyor to be appointed to survey and prepare a survey
plan of the area in dispute between the various parties.<o:p></o:p><o:p>&nbsp;</o:p>On 22 May
1962 Mr. Peprah, counsel for the plaintiff, and Mr. Ansah-Twum who appeared for
the defendants, agreed that one Mr. E. T. K. Lawer, a licensed surveyor, be
appointed by the court. This was done, and the two consolidated actions
adjourned to 22 June 1962 for mention.<o:p></o:p><o:p>&nbsp;</o:p>From the
22 June 1962 onward there were several adjournments when the consolidated
actions came before the court for mention until on 4 February 1963 when entries
in the record of the court show that they were fixed for hearing on that date.
On 4 February 1963 the consolidated suits were ordered to be adjourned sine
die.<o:p></o:p><o:p>&nbsp;</o:p>On 15
February 1963 the court after hearing an application made an order that the
said consolidated suits be re-listed for hearing and that hearing notices be
served. Hearing notices were accordingly prepared and issued out from the
registry of this court on 18 February 1963 to be served on the various parties
and their counsel to appear in court for trial on 15 March 1963. A perusal of
the entries in the docket reveals that counsel for the parties were duly served
with the hearing notices on 18 February 1963 at Sunyani.<o:p></o:p>