O 33 & 34Conducted by hearing parties and their witnesses, planned during application for directions, court determine place, mode of trial, issues for trial or order determination of issues of law and mixed law and fact separately before main trial, fix date within which registrar is to fix case for hearing, registrar serves parties hearing notice at least one month before hearing.
On date of hearing if all parties are absent court strike off action on cause list, if P attends but D fails to attend Ds counterclaim may be dismissed if any and P called upon to prove his case, if D attends but P doesn’t, Ps action may be dismissed and D called upon to prove counterclaim if any. Dismissal of action for failure to attend isn’t res judicata or bar to fresh action.
Attendance at trial means physical presence by party, representative or lawyer, thus where lawyer absent and party present it is attendance, failure to attend without good cause is abandonment of claim and where good cause adjourn case, attendance but failure to testify in absence of lawyermake one liable on entry of judgement against him per Omaboe v Kwame. Mensah v Mensah
O 37r3 where action lapsed for 6 months without proceedings party intending to proceed must give every other party not less than 28 days’ notice, where no proceedings for 12 months, action be struck out on registrar’s summons per r4.
Trial by production of relevant evidence at hearing, testifying of parties (testimonial evidence) or by affidavit evidence by witnesses on oath or affirmation and cross-examined, parties intending to be absent at trial but wish to be represented must donate POA to representative. Party not bound to give evidence himself, where several Ds one may testify and other rely on same if evidence same and identical to their claim or defence per Nyamekye v Ansah.
Writ of Subpoena by court on person to attend and testify or produce document material for case determination. Deposition Application by court is made by motion on notice on oath any person who can’t be available to give evidence in court in a pending matter to be examined at any place before a judge or court official and transmit record of proceeding to the court that made the order with parties consenting. A Letter of Request is an international form of deposition where a party applies for order for one outside jurisdiction to be examined on oath by judicial authority outside and evidence transferred to court.
Setting Aside Judgement: O 36r2 judgement in default of attendance set aside within 14 days after trial, stranger affected may also apply to set same aside per Lamptey v Hammond. Parties per NJ audi alteram partem rule must be given fair hearing but where opportunity is given and party deliberately abuses same he can’t complain about unfair hearing per Republic v HC Ex Parte State Housing Company Ltd (No2).
Locus in Quo: O 36r5 court may inspect or visit any place or thing which has relevance in determining case where identity is sought esp. Asare v Donkor & Serwah, Kofi v Kumasa. Court should be accompanied by parties and any relevant witness, and relevant evidence taken upon inspection and new persons may be called witnesses by court and be put in box on oath and cross-examined by parties. Court need not delegate its function to a person to visit locus and report per Amane v Kwabla.
Address by Counsel: D who adduced evidence has right to address first, statements made by lawyers to convince court to buy their arguments citing authorities and legal principles.
Judgement: HC and CC have 6 weeks to deliver judgement, where party dies before judgement must be substituted before judgement read, may be final-determines all major issues or interlocutory-given before final judgement doesn’t determine parties’ rights.