The Cape Coast High Court on Friday, February, 20, 2015 slapped a fine of GH¢600 on Acting SRC President Francis Kwabena Arthur and the University of Cape Coast (UCC) for using a wrong address which was intended to be addressed to the Counsel for the Plaintiffs in the ongoing SRC Constitutional battle.
Counsel for the 3rd defendant wrongfully addressed their supplementary evidence to one Owusu Acheampong Chambers in Tarkoradi instead of the Counsel for the Plaintiffs, an action the Presiding Judge saw as negligence, and hence slapped the 3rd respondent with a fine of GH¢300.
Meanwhile, 1st and the 2nd defendants, after failing to file entry of appearance as of last hearing, filed an entry of appearance, but this was fiercely challenged by Counsel for the Plaintiffs who cited several Supreme Court cases to support his opposition.
He demanded that since the 1st and the 2nd defendants failed to file an entry of appearance within the stipulated time frame, they ought to have sought leave of the court for permission before they could open an entry.
The Presiding Judge upheld the argument of the Counsel for the Plaintiffs and slapped a fine of GH¢300 to the 1st and 2nd defendants which in this case is the University of Cape Coast and the Dean of Students.
Also, the 1st and 2nd defendants addressed their entry of appearance to the same Chambers the 3rd defendant had wrongful addressed their supplementary evidence to.
The Judge therefore awarded a cost of GH¢300 to the 1st and 2nd defendants and GH¢300 to the 3rd defendant, all be paid to the Plaintiffs.
His argument was that the Plaintiff had provided a valid address of their Counsel in their interlocutory injunction and therefore it was negligent on the part of the 1st, 2nd and 3rd defendants to have used a wrong address.
The Presiding Judge also struck out the supplementary evidence filed by the 3rd defendants and mentioned categorically that only the documents that were filed by the Plaintiffs and the 3rd defendants before the last adjournment would be accepted.
He also struck out the entry of appearance filed by the 1st and 2nd defendants.
Meanwhile, hearing of the case has been adjourned to Tuesday, March 17, 2015.
