Ratio Decidendi



EWUSIE-MENSAH
V.
EWUSIE-MENSAH AND ANOTHER

(1992) JELR 65523 (HC)    
High Court  ·  10 Mar 1992 ·  Ghana
 · 
Other Citations
[1992] 1 GLR 271
CORAM
SAPONG J.

Ratio Decidendi

Core Terms Beta
l.n. 140a
high court
final judgment
course of the cross-examination
stage of a cause
civil procedure
such judgment
supporting affidavit
part admission
cross-examination
honourable court
admissions
admissions of facts
notice of trial
said paragraph
plaintiff
l.n. 140a.
respect of the admissions
paragraphs
general application
counsel
such admissions
order
contempt of this court
pick-up no. arb
party
defendant
notice of the motion
sapong j.
rules
words
motion
pleadings
letter of facts
application
defence
parties
stage
judgment
plaintiff’s possession
verbal admission
paragraph
examination
phrase
oath
judge
affidavit
hand
interest
evidence

SAPONG J.: The plaintiff had closed his case. The defendant was being cross-examined. In the course of the cross-examination, learned counsel for the defence filed a motion under Order 32, r. 6 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) for an order to sign final judgment upon admissions made by the plaintiff in the pleadings and during the trial.

Paragraphs (2), (3) and (5) of the supporting affidavit read:

“(2) I am advised by counsel and verily believe same to be true that the plaintiff has in examination-in-chief on oath as well as during cross-examination admitted the reliefs sought by the co-defendant in paragraphs (14), (24) and (27) (d) of the statement of defence and counterclaim filed on 14 March 1991.

(3) I verily believe that the plaintiff made these admissions on 2 May 1991. The plaintiff also makes part admission in this respect in paragraph (15) of his reply filed on 4 April 1991 . . .

(5) There are compelling reasons why the honourable court ought to giv…

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