Bielbiel Vrs Daramani and Another [2012] GHASC 34 (23 May 2012)

Bielbiel Vrs Daramani and Another [2012] GHASC 34 (23 May 2012)

The interests of justice require that the first defendant be called upon to open his defence, as affidavit evidence already adduced cannot be disregarded and the court did not put the defendant to an election before the submission of no case.

Citation
[2012] GHASC 34
Parties
Plaintiff: Sumaila Bielbiel; 1st Defendant: Adamu Daramani; 2nd Defendant: The Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 May 2012
Procedural Posture
Civil / Ruling on Submission of No Case to Answer
Outcome
first defendant to open his defence
Legal Topics
Submission of No Case to Answer, Trial Procedure, Affidavit Evidence
Source Language
English
Civil Procedure Submission of No Case to Answer Trial Procedure Affidavit Evidence

Case Brief

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Parties

Sumaila Bielbiel

Plaintiff

Adamu Daramani

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the first defendant should be called upon to open his defence after submission of no case to answer in light of affidavit evidence already on record

Ratio Decidendi

The interests of justice require that the first defendant be called upon to open his defence, as affidavit evidence already adduced cannot be disregarded and the court did not put the defendant to an election before the submission of no case.

Court Disposition

first defendant to open his defence

Orders

  • first defendant is invited to open his defence