Asante v S (J8A/09/2025) [2025] GHASC 41 (12 June 2025)

Asante v S (J8A/09/2025) [2025] GHASC 41 (12 June 2025)

The evidence sought to be adduced was available to the applicant at trial and could have been led with due diligence; therefore, the application does not meet the requirements for adducing fresh evidence on appeal and is refused.

Citation
[2025] GHASC 41
Parties
Applicant/appellant/applicant: Eric Yaw Asante; Respondent/respondent/respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
12 June 2025
Case Number
J8A/09/2025
Procedural Posture
Civil Motion / Application for Leave to Adduce Fresh Evidence on Appeal
Outcome
application refused
Legal Topics
Adduction of Fresh Evidence, Due Diligence, Defence of Property, Murder Conviction, Appeal Process
Source Language
English
Criminal Law Appellate Procedure Adduction of Fresh Evidence Due Diligence Defence of Property Murder Conviction Appeal Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Eric Yaw Asante

Applicant/appellant/applicant

The Republic

Respondent/respondent/respondent

Procedural Posture

Civil Motion / Application for Leave to Adduce Fresh Evidence on Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to adduce fresh evidence on appeal
  2. 2 Whether the evidence sought to be adduced was unavailable at trial despite due diligence

Ratio Decidendi

The evidence sought to be adduced was available to the applicant at trial and could have been led with due diligence; therefore, the application does not meet the requirements for adducing fresh evidence on appeal and is refused.

Court Disposition

application refused