GARIBA VRS. OSAFO (CR/0996/2016) [2024] GHAHC 260 (10 June 2024)

GARIBA VRS. OSAFO (CR/0996/2016) [2024] GHAHC 260 (10 June 2024)

The Applicant failed to demonstrate that the evidence sought to be tendered could not have been obtained by reasonable diligence before trial. The document was already in counsel's possession and the Attorney had been cross-examined on it. Granting the application would be unfair and prejudicial to the Respondent, amounting to giving the Applicant a second chance to fill gaps in his case.

Citation
GARIBA VRS. OSAFO (CR/0996/2016) [2024] GHAHC 260 (10 June 2024)
Parties
Plaintiff/applicant: Iddriss Gariba; Defendant/respondent: Ebenezer Osafo
Court
ghahc
Jurisdiction
Ghana
Judgment Date
10 June 2024
Procedural Posture
Civil / Ruling on Application to Reopen Case and Recall Witness
Outcome
Application dismissed
Legal Topics
Recall of Witness, Reopening of Case, Admission of Fresh Evidence
Source Language
eng
Civil Procedure Recall of Witness Reopening of Case Admission of Fresh Evidence

Case Brief

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Parties

Iddriss Gariba

Plaintiff/applicant

Ebenezer Osafo

Defendant/respondent

Procedural Posture

Civil / Ruling on Application to Reopen Case and Recall Witness

Legal Issues

  1. 1 Whether leave should be granted to reopen the Applicant's case and recall his Lawful Attorney to tender a supplementary witness statement

Ratio Decidendi

The Applicant failed to demonstrate that the evidence sought to be tendered could not have been obtained by reasonable diligence before trial. The document was already in counsel's possession and the Attorney had been cross-examined on it. Granting the application would be unfair and prejudicial to the Respondent, amounting to giving the Applicant a second chance to fill gaps in his case.

Court Disposition

Application dismissed

Orders

  • Cost of One Thousand Ghana cedis (GHC1,000.00) awarded in favour of the Defendant/Respondent