LISS PETROLEUM VRS. GENERAL SHIPPING & TRADING AND ANOTHER (E2/59/2019) [2023] GHAHC 612 (18 October 2023)

LISS PETROLEUM VRS. GENERAL SHIPPING & TRADING AND ANOTHER (E2/59/2019) [2023] GHAHC 612 (18 October 2023)

The objection was upheld because the documents sought to be tendered during re-examination were in the plaintiff's possession at all material times and should have been produced during examination-in-chief; re-examination cannot be used to introduce such documents, and the defendant would be deprived of the opportunity to cross-examine on them.

Citation
[2023] GHAHC 612
Parties
Plaintiff: Liss Petroleum; 1st Defendant: General Shipping & Trading; 2nd Defendant: Justice Asare
Court
High Court
Jurisdiction
Ghana
Judgment Date
18 October 2023
Case Number
E2/59/2019
Procedural Posture
Civil / Interlocutory Ruling on Evidentiary Objection During Trial
Outcome
Objection upheld; documents not admitted during re-examination.
Legal Topics
Re Examination, Tendering of Documents, Scope of Evidence, Objection Procedure
Source Language
English
Civil Procedure Evidence Re Examination Tendering of Documents Scope of Evidence Objection Procedure

Case Brief

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Parties

Liss Petroleum

Plaintiff

General Shipping & Trading

1st Defendant

Justice Asare

2nd Defendant

Procedural Posture

Civil / Interlocutory Ruling on Evidentiary Objection During Trial

Legal Issues

  1. 1 Whether documents can be tendered during re-examination when they were not produced during examination-in-chief
  2. 2 Scope and limitations of re-examination under Ghanaian law

Ratio Decidendi

The objection was upheld because the documents sought to be tendered during re-examination were in the plaintiff's possession at all material times and should have been produced during examination-in-chief; re-examination cannot be used to introduce such documents, and the defendant would be deprived of the opportunity to cross-examine on them.

Court Disposition

Objection upheld; documents not admitted during re-examination.

Orders

  • Trial to continue; objection upheld.