RULING
Order 36 (8) speaks in general terms in respect of documents tendered as exhibits and cannot override Order 26 of C. I. 47 which deals specifically with the Court Expert Witness.
The authorities cited by learned Counsel, all relate to proceedings under the old High Court Rules, LN 140 A of 1954. Order 26 of C. I. 47 is a novel provision and as noted by the learned Judge and writer, Sir Dennis Adjei at page 223 of his book (Land Law Practice and Conveyancing 3rd Edition).
The learned author further stated at page 222 thus:
“The Report by the Court Expert is deemed to be evidence admitted by the Court without any formal introduction by the Court or a party. The Expert is not required to give evidence unless a party who is served with a copy of the Expert’s Report applies to the Court within fourteen (14) days after service of the Report that the expert must appear in Court to be cross-examined. The Court after hearing the application, may order that the Expert be cross-examined …