PRACTICE NOTE: BARON
V.
LARBI

(1962) JELR 65712 (HC)    
High Court  ·  12 Mar 1962 ·  Ghana
CORAM
OLLENNU J.
Core Terms Beta
evidence
suit
behalf
colleague
defendants
party
practice
baron
case
consent
court
cross
defendant
identical interest
judgment
larbi
local courts
oath
ollennu
ollennu j.
opponent
plaintiff
plaintiffs
procedure
proceedings
such plaintiffs
witness-box

OLLENNU J.: The practice seems to have grown up in the local courts, where there is more than one plaintiff or defendant in a suit, having identical interest in the suit, for one of such plaintiffs or defendants to give evidence on behalf of himself and of all his co-plaintiffs and co-defendants, each of his said colleague’s indicating on oath his consent that his colleague should speak on his behalf. There is nothing wrong with that practice. If anything it is superfluous. A party to a suit is not bound to give evidence and the court cannot compel him to give evidence if he does not want to. And if a party, having gone into the witness-box and sworn or affirmed, elects to give no evidence his opponent is not obliged to cross-examine him. This procedure, therefore, is not irregular, and cannot vitiate the proceedings and the judgment in the case.

(Baron, etc. v. Larbi, Ollennu, J.)

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