GBESE STOOL VS NII KOMEY PAPA ASA III & 3 ORS
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
On 18 November 2022, His Lordship Emmanuel Amo Yartey (J) ruled on a contested procedural motion in an ongoing civil case involving multiple defendants. The first defendant, acting as applicant, sought leave to file an additional witness statement despite having already closed his case. The plaintiff opposed the request. The court recorded that the first defendant’s case had long been closed and that the second defendant had already testified, with one witness remaining. Balancing fairness with case management, the judge exercised discretion to grant the application in the interest of justice. To prevent prejudice and ensure efficiency, the court imposed strict conditions: the applicant must file the additional witness statement within seven days and pay costs of GH¢3,000.
On the 18th day of November, 2022 the 1st Defendant/Applicant brought the instant Application praying the Court for an Order to file an Additional Witness Statement.
The Application was resisted by the Plaintiff/Respondent.
There is evidence before me that the 1st Defendant has long closed his case.
As it stands the 2nd Defendant has testified leaving his only witness to testify.
I shall however grant the Application in the interest of justice subject to cost.
The Applicant is granted 7 days within which to file the Additional Witness Statement.
Cost of GH¢3,000 against the Applicant.
(SGD)
EMMANUEL AMO YARTEY (J)