Mahama Zongo Vrs Efua Agyeiwaa & Anor. [2023] GHACC 206 (7 July 2023)

The 2nd Defendant/Applicant failed to satisfy the Court that the evidence he seeks to adduce could not have been foreseen or obtained by reasonable diligence before the close of his case. The exhibits were available at the time of filing the witness statement and during cross-examination. The application to re-open the case is therefore dismissed.

Citation: [2023] GHACC 206
Parties: Plaintiff/respondent: Mahama Zango; Defendant/applicant: Efua Agyeiwaa; Defendant: Rt. Rev. Abraham Tagoe
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 7 July 2023
Procedural Posture: Civil / Ruling on Motion to Re Open 2nd Defendant's Case After Close of Hearing, Pending Judgment
Outcome: Application dismissed
Legal Topics: Re Opening of Case, Recall of Witness, Admission of Evidence After Close of Case
Source Language: English

Civil Procedure Re Opening of Case Recall of Witness Admission of Evidence After Close of Case

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Parties

Mahama Zango

Plaintiff/respondent

Efua Agyeiwaa

Defendant/applicant

Rt. Rev. Abraham Tagoe

Defendant

Procedural Posture

Civil / Ruling on Motion to Re Open 2nd Defendant's Case After Close of Hearing, Pending Judgment

Legal Issues

1 Whether the 2nd Defendant should be granted leave to re-open his case to tender additional exhibits after close of hearing and pending judgment

Ratio Decidendi

Court Disposition

Application dismissed