Ratio DecidendiRatio DecidendiRatio Decidendi



FRANK REUBEN WOOD
V.
CYNTHIA WOOD

(2014) JELR 63797 (CA)    
Court of Appeal  ·  CIVIL APPEAL: NO. H1/6/2013 ·  22 May 2014 ·  Ghana
CORAM
ACQUAYE J.A (PRESIDING), HONYENUGA J.A, SOWAH J.A

Ratio Decidendi

Core Terms Beta
appellant
respondent
case
issue
construction of the property
matrimonial home
court
cross petition
grounds of appeal
learned trial judge
cross examination
proposed witness
weight of evidence
evidence act
evidence of the respondent
ground of appeal
appellant’s counsel
appellate court
applicants assertion
applicants case
cecilia h. sowah
civil case
court of appeal rules
decision of the trial court
exceptional cases
exercise of its discretion ought
exhibits e
fresh evidence
important point
inter alia
interlocutory appeal
judicial discretion
legitimate ground
lesser extent
material witness
necessary part of the applicants case
particular issue
petitioner’s application
respondents' answer
ruling of the trial court
submission of appellants
submissions of the appellant
trial court
trial judge
unfair exercise of judicial discretion
whole ruling
witness stand
worth noting

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…

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