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JOHN KOFIE LARTEY
V.
NII AFLAH II

(2023) JELR 112060 (HC)

High Court 6 May 2023 Ghana
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- The Defendant has filed an application to recall the Plaintiff's Attorney for further cross-examination. - The application is based on the Plaintiff's Attorney tendering a judgment into evidence without attaching it to the witness stateme

Case Details

Suit Number:LD/0507/2016
Judges:MARIE–LOUISE SIMMONS (MRS), J
Counsel:BENEDICTA HAMMOND HOLDING BRIEF OF NAA DJAMAH AYIKOI OTOO FOR THE PLAINTIFF/RESPONDENT PRESENT. KOFI SUNU HOLDING THE BRIEF OF G.H. QUIST FOR THE DEFENDANT/APPLICANT PRESENT.
Location:Accra

RULING ON RECALL OF WITNESS

This is an application mounted by counsel for the Defendant on behalf of the Defendant, filed on the 10 March 2023 for Leave to Recall the Plaintiff’s Attorney for further cross-examination. The Defendant assert per the accompanying affidavit that this application has become necessary as a result of the tendering into evidence by the Plaintiff’s counsel through the Defendant’s Attorney of a judgment titled VICTORIA BUCKMAN and ANOR V. NII AFLAH AND ANOR in the course of his (Defendant Attorney’s) cross examination.

It is further stated that even though this judgment had been available since October 2021, it was not attached to the Plaintiff Attorney’s witness statement to enable the other side cross examine on it. That it was nevertheless admitted into evidence as Exhibit 6 to support the Plaintiff’s case. The Defendant’s Attorney claims that his counsel who did not have notice of the said document could not cross examine the witness on it and therefore prays…

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