IDDRISS GARIBA VS EBENEZER OSAFO
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE- LOUISE SIMMONS (MRS.)
Areas of Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant sought leave to file a supplementary witness statement and recall their attorney for a document not initially exhibited. The Respondent opposed, claiming it was an attempt to reopen the case without demonstrating exceptional circumstances. The Court found the application to be a request to reopen the case, which requires the demonstration of exceptional circumstances and reasonable diligence. Since these were not shown, the application was dismissed with costs awarded to the Respondent, emphasizing that reopening cases is not for negligent or careless litigants.
This is an application mounted by counsel for the Plaintiff/Applicant on behalf of the Plaintiff, hereinafter to be referred to “the Applicant” which application was filed on the 25th April 2024. The application is for Leave to File a Supplementary Witness Statement and to Recall the Plaintiff’s Attorney to Tender the said supplementary witness statement.
There is an affidavit of service of same on counsel for the Defendant/Respondent on the 8th May 2024. There is also an affidavit in opposition filed on the 15th May 2024 on behalf of the Defendant/Respondent herein after to be referred to as the Respondent with proof of service on the Plaintiff/Applicant’s counsel on the 28th May 2024. THE AFFIDAVIT IN SUPPORT The counsel for the Applicant deposes per the accompanying affidavit deposed to by himself, that this application has become necessary as a result of the fact that the Applicant who resides in the USA, through his Lawful Attorney gave him, the counsel, a document relevant to this case, being an instrument covering the Applicant’s grantor’s acquisition but “he failed to exhibit it as it got mixed up with other documents given to him”. He further deposes that the Applicant in his amended pleadings had stated that his grantor, Alhaji acquired a piece of land from Alhaji Mahamadu Iddrisu, the then Head of the Zongo Community of Amasaman in Accra.
That, the said acquisition and transaction between the Applicant’s grantor and the said Alhaji is recited in the Applicant’s Deed of Assignment attached to the his Attorney’s witness statement as Exhibit B. Counsel asserts that as a result of the tendering of Exhibit B, no surprise or injustice will be caused to the Respondent if this application is granted.
It is again asserted that as far as possible, a party must be afforded the opportunity to state his case in full and that substantial justice will be served if this application is granted.
THE AFFIDAVIT IN OPPOSITION The Respondent’s affidavit in opposition states that in substance, this application is not just a recall of the Applicant’s Lawful Attorney but an opportunity the Applicant seeks to reopen his case and to adduce fresh evidence.
The Respondent further asserts that the right for a party to reopen his case is not as of right but an exercise of the Court’s discretion which must be exercised in accordance with case law and laid down principles.
The affidavit further deposes that for a party to seek to reopen his case, the Applicant must demons