Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REV. DR. SETH MENSAH ABLORH
V.
MRS. THEODORA ALBERTA QUARTEY

(2021) JELR 108997 (CA)    
Court of Appeal  ·  H1/53/2021 ·  17 Jun 2021 ·  Ghana
CORAM
SOWAH J.A. (PRESIDING), OPPONG J.A., MENSAH-HOMIAH J.A

Ratio Decidendi

Core Terms Beta
expert witness
court
defendant
counsel
expert
trial judge
learned trial judge
trial court
breach of the audi alteram partem rule
cross-examination
inaccuracies of the compass
omnibus ground
pertinent issues
site plan
survey instructions
accurate information
additional grounds
additional grounds of appeal
appellants application
appellate court
appointment of court expert
aspects of the composite plan
background facts
cecilia h. sowah
consideration of certain factors
considerations of undue delay
country planning
evidence act
existing road
expert opinion
experts answer
expert testimony
following questions
high court
inherent right
interlocutory appeal
location of a road
notice of appeal
ownership of a parcel of land
particulars of the error of law
receipt of the record of proceedings
relevant issues
respect of a ruling
rules of natural justice
substantial danger of unfair prejudice

JUDGMENT 

SOWAH, (J.A): 

This is an interlocutory appeal in respect of a Ruling by the trial judge refusing the  defendant/appellants application to call an expert witness. The Ruling was delivered  on 30th July 2015 and is at page 110 of the Record of Appeal. 

Background Facts 

The writ in the suit was issued on 29th October 2009 and concerns a dispute about the  ownership of a parcel of land. Each of the parties testified and called four witnesses. On  24th June 2015, the defendant/appellant closed her case. The court then appointed an  expert on the same day with the consent of the parties. Both parties duly filed Survey  instructions. The court-appointed surveyor filed his report on 27th July 2015, gave  evidence and was cross-examined by counsel for both parties. After cross-examination  by the appellant on 30th July 2015, counsel for defendant immediately moved the Court  under Section 112 of the Evidence Act and its inherent jurisdiction seeking leave to call  an expert witness of…

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