THE REPUBLIC
V.
HIGH COURT, COMMERCIAL DIVISION, ACCRA EX-PARTE: KWABENA DUFFOUR, ATTORNEY-GENERAL AND 8 OTHERS

(2021) JELR 107279 (SC)

Supreme Court 10 Feb 2021 Ghana
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- Supreme Court quashed the High Court's ruling that admitted prosecution documents into evidence at the case management stage, holding that objections to admissibility must be taken at the time evidence is offered, per s.6(1) Evidence Act,

Case Details

Suit Number:CIVIL MOTION NO. J5/05/2021
Judges:YEBOAH, CJ (PRESIDING) MARFUL-SAU, JSC AMEGATCHER, JSC OWUSU (MRS.), JSC AMADU, JSC
Counsel:O. K. OSAFO-BUABENG WITH OSEI AKOTO APPIAHENE FOR THE APPLICANT. MARINA APPIAH OPARE (CHIEF STATE ATTORNEY) WITH FRANCES MULLEN ANSAH (CHIEF STATE ATTORNEY) FOR THE 1ST INTERESTED PARTY.

RULING

AMADU, JSC

(1) The application before the Court invokes the Court’s supervisory jurisdiction against the ruling of the High Court dated the 30th day of July 2020. It is exhibited to the affidavit in support of the application and marked KD2. The ruling was delivered pursuant to an objection raised by the Applicant to the admission of some evidence emanating from the prosecution. This took place at the case management stage of the proceedings.

(2) The background to the ruling of the High Court is aptly summarized by reference to paragraphs 8 to 12 of the affidavit in support of the application wherein it is deposed as follows;

“8. That in the course of Case Management Conference the Trial Judge purported to admit documents into evidence prior to the commencement of the trial and in the absence of the witness through whom the Prosecution intends to tender these documents.
9. That owing to the absence of any express rules in the Criminal Procedure and Other Offences Act, 1960 (Act 30),…

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