ELIZABETH KLU vs BRIGHT NYADUDZI & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application by the plaintiff to file a supplementary witness statement replacing a police report exhibit with a corrected version. The court refused the application, citing that amending a report used in a previous court conviction interferes with the administration of justice and potentially constitutes forgery. The court applied the principle that it will not assist a party whose case is based on an illegal act. The decision emphasizes the importance of maintaining the integrity of court documents and evidence, and the court's role in upholding the law rather than condoning breaches of statutes. The case touches on issues of contempt of court, forgery of official documents, and the limits of judicial discretion in allowing amendments to evidence previously used in court proceedings.
This is an application for and on behalf of the plaintiff/applicant hereinafter referred to as applicant praying for leave to file a supplementary witness statement and for any other orders as the Honourable Court shall deem fit.
I shall quote the relevant paragraphs as follows:
3. That I filed my witness statement on 26 th day of October 2023 with a Police Report as an Exhibit.
4. That it turned out that the police made a mistake in the report.
5. That I have been furnished with the corrected version which I wish to tender in place of the earlier.
6. That I attach herewith the proposed supplementary witness statement and exhibited as EK6. The defendants/respondents hereinafter referred to as respondents opposed the application.
I shall quote the relevant paragraphs as follows: 3. That we have been served with a court process from the plaintiff in an attempt to replace Exhibit B attached to her witness statement filed on 28 th October 2023. 4. That I vehemently oppose to the instant application as same lacks merit and cannot be entertained under our laws.
5. That Exhibit B attached to the plaintiff’s witness statement was the document relied on at Peki District Court by the prosecution to convict Amewugah Kodzo Glodo and I. 6. That no correction can be made by the said police officer in respect of Exhibit B in a matter that has been determined by a court of competent jurisdiction.
7. That I am advised and verily believe same to be true that this application is brought in bad faith to mislead the court on the actual facts of the accident.
8. That I am advised and verily believe same to be true that Exhibit B attached to plaintiff’s witness statement was the proper document used at the District Court for conviction.
9. That I am advised and verily believe same to be true that the conduct of the said police officer is unprofessional and same ought to be sanctioned.
10. That I humbly pray that the court dismisses the instant application since same discloses no good grounds to merit consideration.
SUMMARY SUBMISSION OF BOTH COUNSEL In moving the application, counsel for the applicant rehashed the averments in the affidavit in support.
Counsel submitted that this has become necessary because the police report that was earlier exhibited turned out to have some mistakes in it and so due to that they have procured the corrected version and thereby seek leave of the court to file supplementary witness statement to attach same.
On the other han