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…