RULING
MENSAH-DATSA, J.
This is an application for trial de novo by learned counsel for the defendants which is opposed by learned counsel for the plaintiff. Both learned counsel have filed detailed written submissions in support of their positions.
Learned counsel for the plaintiff stated that this action commenced in 2002. The plaintiff called three witnesses and closed its case on 6th February, 2008. He said the defendants opened their case on 22nd April 2008. He added that the case was started de novo on 18th January, 2012, at the instance of the defendants counsel before Justice Godwin Gabor. The plaintiff called two witnesses and closed its case on 30th April, 2014. Then the defendants witness testified and was being cross-examined when the judge went on retirement. The suit was then transferred to this present judge, Justice Georgina Mensah-Datsa.
Learned counsel for the plaintiff submitted that justice will not be seen to be done if the court should refuse to adopt the pro…