SYNDICATED CAPITAL LIMITED ACCRA NORTH
V.
UNITY RURAL BANK LIMITED AND SERAPHEM SENYO HINIDZAH

(2018) JELR 65769 (HC)    
High Court  ·  SUIT NO. E2/74/2015 ·  3 May 2018 ·  Ghana
CORAM
ERIC BAAH JUSTICE OF THE HIGH COURT
Core Terms Beta
c.i.
1st defendant's counsel
case management conference
counsel
evidence
ex parte allgate co. ltd
jurisdiction
order
plaintiff's witness
proceedings
rules of natural justice
scglr
witness
witness statement
witness statement of the plaintiff
1st defendant
aid
amounts
authenticity of the said document
breach
breaches
breach of the constitution
chief
complaint
conduct of the 1st defendant
cost of gh
defect complaint
defects
defendant's counsel
doubt
edition of the white book
failure
inconvenience
irregularity
leave
pages
period
plaintiff
said defect
statute
submission
suit
supreme
supreme court
supreme court's decision
verification of the said witness statement
void
year

The 1st defendant's counsel alleges that the witness statement of the plaintiff's witness which he relied on as his evidence - in – chief on 20/2/18 was not verified. He contends that the said defect rendered the witness statement unusuable. He relied on the 1995 edition of the White Book, pages 640 - 650.

Counsel for the plaintiff however submit that, even though there is indeed no verification of the said witness statement, same is not void and can be saved under Order 81 of C.I. 47. He relied on the Supreme Court's decision in Ex parte Allgate Co. Ltd [2007 – 8) SCGLR 104 to buttress his submission that since the irregularity does not go to jurisdiction or breach the rules of natural justice, it is not sufficient to vitiate the proceedings. He called in aid, the conduct of the 1st defendant's counsel in not raising any complaint at the case management conference or thereafter for over a period of one year..

I have also examined the witness statement of the plaintiff's witness and rea…

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