SAMUEL ADJEI ADJETEY VRS JOHN TOWNSHED & 3 ORS. (BMISC 515/2015) [2024] GHAHC 98 (19 January 2024)

SAMUEL ADJEI ADJETEY VRS JOHN TOWNSHED & 3 ORS. (BMISC 515/2015) [2024] GHAHC 98 (19 January 2024)

A party to a suit may be subpoenaed to testify as a witness if not disqualified by law; failure to indicate intention to subpoena in the pre-trial checklist is an irregularity that can be waived; the evidence sought is relevant and admissible; the application for leave to subpoena the 3rd Defendant is granted.

Citation
SAMUEL ADJEI ADJETEY VRS JOHN TOWNSHED & 3 ORS. (BMISC 515/2015) [2024] GHAHC 98 (19 January 2024)
Parties
Plaintiff/respondent: Samuel Adjei Adjetey & Abraham Adjetey Adjei (substituted for original plaintiff); 2nd Defendant/applicant: John Townshed; 3rd Defendant: Lands Commission; 4th Defendant/applicant: Mansah Acheampong
Court
ghahc
Jurisdiction
Ghana
Judgment Date
19 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Subpoena Party
Outcome
application granted
Legal Topics
Subpoena of Parties, Competence of Witnesses, Case Management Irregularities
Source Language
eng
Civil Procedure Subpoena of Parties Competence of Witnesses Case Management Irregularities

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Parties

Samuel Adjei Adjetey & Abraham Adjetey Adjei (substituted for original plaintiff)

Plaintiff/respondent

John Townshed

2nd Defendant/applicant

Lands Commission

3rd Defendant

Mansah Acheampong

4th Defendant/applicant

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Subpoena Party

Legal Issues

  1. 1 Whether a party to a suit (the 3rd Defendant) can be subpoenaed to testify as a witness in the same suit
  2. 2 Whether failure to indicate intention to subpoena in pre-trial checklist is fatal to the application
  3. 3 Whether the evidence sought from the 3rd Defendant is relevant and admissible

Ratio Decidendi

A party to a suit may be subpoenaed to testify as a witness if not disqualified by law; failure to indicate intention to subpoena in the pre-trial checklist is an irregularity that can be waived; the evidence sought is relevant and admissible; the application for leave to subpoena the 3rd Defendant is granted.

Court Disposition

application granted

Orders

  • Leave granted to subpoena the 3rd Defendant (Lands Commission) to appear and speak to Exhibits 7, 8, 9, 10, 11, 13, 14, and 16.