Kagimak Properties Limited Vrs George Appiah Danquah [2023] GHACC 475 (16 June 2023)

Kagimak Properties Limited Vrs George Appiah Danquah [2023] GHACC 475 (16 June 2023)

The Defendant had all material evidence available during the appropriate procedural stages but failed to disclose or object in time. Allowing late filing would amount to ambush litigation, disadvantage the Plaintiff, and set an undesirable precedent undermining orderly trial procedure. The application is denied to preserve fairness and procedural integrity.

Citation
[2023] GHACC 475
Parties
Plaintiff/respondent: Kagimak Properties Limited; Defendant/applicant: George Appiah Danquah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 June 2023
Procedural Posture
Civil / Interlocutory Application (ruling on Leave to File Additional Witness Statement and Documentary Evidence)
Outcome
Application denied
Legal Topics
Leave to File Additional Evidence, Case Management, Admissibility of Evidence, Cross Examination
Source Language
English
Civil Procedure Leave to File Additional Evidence Case Management Admissibility of Evidence Cross Examination

Case Brief

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Parties

Kagimak Properties Limited

Plaintiff/respondent

George Appiah Danquah

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application (ruling on Leave to File Additional Witness Statement and Documentary Evidence)

Legal Issues

  1. 1 Whether the Defendant should be granted leave to file additional witness statement and documentary evidence after case management and commencement of cross-examination

Ratio Decidendi

The Defendant had all material evidence available during the appropriate procedural stages but failed to disclose or object in time. Allowing late filing would amount to ambush litigation, disadvantage the Plaintiff, and set an undesirable precedent undermining orderly trial procedure. The application is denied to preserve fairness and procedural integrity.

Court Disposition

Application denied