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NII ASHITEY SAASABI II
V.
BASHARU AGORO 2 ORS-MOTION TO RECALL WITNESS

(2020) JELR 108391 (HC)

High Court 27 Jul 2020 Ghana
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- The case involves a ruling on a motion to recall two witnesses, the plaintiff and PW5, Reckon Attaa Kwao, for further cross-examination by the defendants' counsel. - The defendants' counsel argues that the recall is necessary due to matt

Case Details

Suit Number:SUIT NO. LD/1013/2018
Judges:K. A. GYIMAH J.
Counsel:1. G. S. K. BABANAWO FOR PLAINTIFF/ RESPONDENT. 2. NICK AFESI FOR DEFENDANTS/ APPLICANTS.

RULING ON MOTION TO RECALL WITNESS 

Prologue 

I will start this ruling by making this statement as a prologue to my ruling. Every  cross-examiner has a duty to know his case and to ask questions of the witness that  will either dent the witness’ case or advance the cross-examiner’s case or both. It is  not up to the witness to provide the cross-examiner with the ammunition to nail him.  When the cross-examiner has completed his job and the witness has been duly  discharged, unless the justice of the case so demands, it is my respectful opinion that  it will not be right for the court to allow the witness to be recalled to be cross-examined  on facts which were always available but which was overlooked by the cross-examiner  during the first cross-examination. 

Introduction and summary of parties’ submissions 

This is an application mounted by counsel for the defendants for leave to recall the  plaintiff and PW5, Reckon Attaa Kwao for further cross-examination. The defendants assert tha…

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