Larbi Vrs Tema Development Coperation [2020] GHASC 7 (19 February 2020)

Larbi Vrs Tema Development Coperation [2020] GHASC 7 (19 February 2020)

The Defendants failed to demonstrate that the evidence sought to be adduced was not available to them or could not have been obtained with reasonable diligence during the trial. The criterion for admitting fresh evidence on appeal was not met, as the Defendants were in possession of the documents and did not exercise the required diligence.

Citation
[2020] GHASC 7
Parties
Plaintiff/appellant/respondent: Sarah Obuadabang Larbi; Defendant/respondent/appellant: Tema Development Corporation
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 February 2020
Procedural Posture
Civil Appeal / Interlocutory Appeal to Supreme Court From Court of Appeal's Refusal to Allow Adduction of Fresh Evidence
Outcome
Appeal dismissed
Legal Topics
Adduction of Fresh Evidence on Appeal, Appellate Procedure, Rules of Evidence
Source Language
English
Civil Procedure Adduction of Fresh Evidence on Appeal Appellate Procedure Rules of Evidence

Case Brief

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Parties

Sarah Obuadabang Larbi

Plaintiff/appellant/respondent

Tema Development Corporation

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Interlocutory Appeal to Supreme Court From Court of Appeal's Refusal to Allow Adduction of Fresh Evidence

Legal Issues

  1. 1 Whether the Supreme Court should allow the adduction of fresh evidence on appeal under Rule 26 of the Court of Appeal Rules, 1997 (C.I. 19)

Ratio Decidendi

The Defendants failed to demonstrate that the evidence sought to be adduced was not available to them or could not have been obtained with reasonable diligence during the trial. The criterion for admitting fresh evidence on appeal was not met, as the Defendants were in possession of the documents and did not exercise the required diligence.

Court Disposition

Appeal dismissed

Orders

  • Appeal against the Court of Appeal's refusal to allow adduction of fresh evidence is dismissed.
  • Case remitted to the Court of Appeal for judgment in the substantive appeal.