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

(2021) JELR 108997 (CA)

Court of Appeal 17 Jun 2021 Ghana
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- This is an interlocutory appeal in a land ownership dispute case. - The defendant/appellant applied to call an expert witness, but the trial judge refused the application. - The appellant filed grounds of appeal, arguing that the trial ju

Case Details

Suit Number:H1/53/2021
Judges:SOWAH J.A. (PRESIDING), OPPONG J.A., MENSAH-HOMIAH J.A
Counsel:EMMANUEL OPARE ESQ. FOR APPELLANT EZIUCHE NWOSU ESQ. FOR RESPONDENT

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 he…

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