Larbi Vrs Tema Development Corporation [2020] GHASC 86 (19 February 2020)

Larbi Vrs Tema Development Corporation [2020] GHASC 86 (19 February 2020)

The Supreme Court held that the Defendant failed to demonstrate that the evidence sought to be adduced was unavailable despite reasonable diligence during trial. The evidence was always in the Defendant's possession, and no genuine effort was made to locate it at the material time. Therefore, the criteria for admitting fresh evidence on appeal were not met, and the appeal failed.

Citation
[2020] GHASC 86
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, Burden of Proof, Reasonable Diligence
Source Language
English
Civil Procedure Evidence Adduction of Fresh Evidence on Appeal Appellate Procedure Burden of Proof Reasonable Diligence

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 1 Authorities cited 5 Party arguments 2
Sign in to unlock

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 Court of Appeal erred in refusing leave to adduce fresh evidence under Rule 26 of the Court of Appeal Rules, 1997 (C.I. 19)
  2. 2 Whether the evidence sought to be adduced was unavailable despite reasonable diligence during trial

Ratio Decidendi

The Supreme Court held that the Defendant failed to demonstrate that the evidence sought to be adduced was unavailable despite reasonable diligence during trial. The evidence was always in the Defendant's possession, and no genuine effort was made to locate it at the material time. Therefore, the criteria for admitting fresh evidence on appeal were not met, and the appeal failed.

Court Disposition

Appeal dismissed

Orders

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