SOWAH J.A.
It is provided by Section 68 of the Evidence Act 1975 NRCD 323 as follows:
(1) The Court may, on its own motion or at the request of a party, call or recall a witness.
In this interlocutory appeal, the appellant is appealing the Ruling of the trial court dated 30th May 2011 which refused his application brought after he had closed his case, to call a witness to rebut evidence of the respondent relating to property at Kwabenya whose ownership is in dispute.
The appellant is seeking that the whole Ruling be set aside and leave granted to call Leticia Ama Adobea, the proposed witness to testify in respect of the property in issue.
Five grounds of appeal were filed, but the appellant only argued the first 4 grounds, namely:
1. The ruling is against the weight of evidence on record.
2. The learned trial judge erred in law when he held that “the evidence that the applicant seeks to introduce by wanting leave to call a witness to do so was both available and foreseeable (sic) necessary b…