EILEEN MARY POSCH-ODURO vs DSP RICHMOND BONSU & 3 ORS
2022
HIGH COURT
GHANA
CORAM
HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
Civil Procedure
Evidence Law
AI Generated Summary
His Lordship Emmanuel Amo Yartey issued a brief procedural ruling in an ongoing civil action that addressed an objection to parts of a witness statement. After a critical perusal of the Amended Statement of Defence filed by the 2nd and 4th Defendants on 20 December 2017, the court concluded that the matters contained in paragraphs 8 and 11 of the 4th Defendants witness statement were already pleaded in the defence, specifically reflected in paragraphs 5 and 7. Because witness statements must align with the pleadings, the court found the objection unfounded and overruled it. The ruling clarifies the relationship between pleadings and witness statements, confirming that where the defence articulates the substance of the testimony, objections based on alleged non-pleading will not succeed. The order does not adjudicate the merits of the dispute but settles this evidentiary point.
RULING
A critical perusal of the Amended Statement of Defence filed by the 2nd and 4th Defendants on the 20th day of December, 2017 shows that paragraphs 8 and 11 of the Witness Statement filed by the 4th Defendant were pleaded per paragraphs 5 and 7 of the said Amended Statement of Defence for which reason I accordingly over rule the objection.
