VIVIAN ARTHUR vs. EBENEZER ASHONG LAMPTEY [2022]DLHC11770

Date	2022-06-27
Suit No.	SUIT NO.GJ/499/2018
Citation No.	[2022]DLHC11770

HIS LORDSHIP FRANCIS OBIRI J

KOFI EDEM PENTY FOR THE PLAINITIFF/APPLICANT

NTOW FIAKO FOR THE DEFENDANT/RESPONDENT

[2022]DLHC11770
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													<main id="main" class="content" style="min-height: 60rem" >VIVIAN ARTHUR<o:p></o:p>(PLAINTIFF/APPLICANT)<o:p></o:p>vs.<o:p></o:p>EBENEZER ASHONG LAMPTEY<o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL<o:p></o:p>KOFI EDEM PENTY FOR THE
PLAINITIFF/APPLICANT <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

NTOW
FIAKO FOR THE DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM<o:p></o:p>HIS LORDSHIP FRANCIS OBIRI J<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-top:0cm;margin-right:0cm;
margin-bottom:0cm;margin-left:108.0pt;margin-bottom:.0001pt;text-align:center;
text-indent:-108.0pt;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>&nbsp;On 30th June 2022, the
Plaintiff/Applicant (hereinafter called the Applicant) filed motion on notice
for leave to cross examine the Defendant on the grounds contained in the
affidavit in support. The Applicant attached exhibits to her application. I
wish to quote the relevant paragraphs of the affidavit in support in this
ruling.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That I commenced an action against the Defendant by writ of summons
and statement of claim, dated 29th March 2018 in the suit intituled:
Suit No. GJ/0499/2018: VIVIAN ARTHUR v EBENEZER ASHONG.&nbsp; Attached as exhibit VA1 is a copy of the writ
of summons and statement of claim.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That on 6th July, 2018, the Defendant filed his
statement of defence and counterclaimed against me.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That on 11th day of May, 2020, my claim was
struck out for want of prosecution and the case adjourned for the Defendant to
prove his counterclaim.&nbsp; This was as a
result of the absence of my lawyer at the time from court.&nbsp; Attached as exhibit VA2 is a copy of the
proceedings held on 11th May 2020.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That on 9th November 2021, I caused to be filed a
notice of change of solicitor and same was served on the Defendant.&nbsp; Attached as exhibit VA3 is a copy of the
notice of change of solicitor filed on 9th November 2020.<o:p></o:p>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That my counsel subsequently filed a motion for an order for
relistment of my suit on 17th November, 2020 and same was dismissed
without a return date.&nbsp; Attached as
exhibit VA4 is a copy of the ruling of the Honourable Court.<o:p></o:p>7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That my lawyer was subsequently served with hearing notice
to attend court on 26th April, 2021.&nbsp;
Attached as exhibit VA5 is a copy of the hearing notice.<o:p></o:p>8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That I attended the sitting on 26th April 2022,
together with my lawyer.&nbsp; To my utter
shock and dismay, the Honourable Court informed us that the suit was
subsequently adjourned to 19th May, 2021 for the final
judgment.&nbsp; The judge informed us that
hearing on the matter had concluded on 2nd March, 2021.&nbsp; This was surprising because, neither my
lawyer nor I was served with a hearing notice.<o:p></o:p>10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the report of a search conducted at the High Court
Registry revealed the following:<o:p></o:p>i.&nbsp; That the Defendant was made to prove his
counterclaim at the hearing conducted on 2nd March, 2021.<o:p></o:p>ii.&nbsp; That service of the hearing notice for 2nd
March, 2021 was neither effected on me nor my lawyer but rather on my previous
lawyer.&nbsp; Attached as exhibit VA6 is a
copy of the search report.<o:p></o:p>11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That Defendant served hearing notice for the 2nd
March, 2021 hearing on my former lawyer although the Defendant was fully aware
that I had changed solicitor.&nbsp; Defendant
had earlier filed and served a written submission in support of his affidavit
in opposition to my application for relistment on my lawyers.&nbsp; I am therefore in no doubt that Defendant was
clearly aware that I had appointed new solicitors.&nbsp; Attached as exhibit VA7 is a copy of
Defendant’s written submission.<o:p></o:p>