Bielbiel Vrs Daramani and Another [2012] GHASC 13 (8 February 2012)

Bielbiel Vrs Daramani and Another [2012] GHASC 13 (8 February 2012)

The right to begin adducing evidence is a privilege, not an obligation; since the 1st defendant objects, the offer is withdrawn and the plaintiff is invited to open his case.

Citation
[2012] GHASC 13
Parties
Plaintiff: Sumaila Bielbiel; 1st Defendant: Adamu Daramani; 2nd Defendant: The Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 February 2012
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Order of Evidence Adduction
Outcome
Plaintiff invited to open his case; offer to 1st defendant to begin withdrawn.
Legal Topics
Burden of Proof, Right to Begin, Case Management
Source Language
English
Evidence Constitutional Law Burden of Proof Right to Begin Case Management

Case Brief

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Parties

Sumaila Bielbiel

Plaintiff

Adamu Daramani

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Constitutional Petition / Interlocutory Ruling on Order of Evidence Adduction

Legal Issues

  1. 1 Who bears the burden of producing evidence regarding renunciation of British citizenship by the 1st defendant?
  2. 2 Who has the right to begin adducing oral evidence in the trial?

Ratio Decidendi

The right to begin adducing evidence is a privilege, not an obligation; since the 1st defendant objects, the offer is withdrawn and the plaintiff is invited to open his case.

Court Disposition

Plaintiff invited to open his case; offer to 1st defendant to begin withdrawn.

Orders

  • Plaintiff to begin adducing evidence.