JANET AFUA ASANTEWAA SIAW & ORS VS JOSEPH APEADU SIAW & ORS

In this interlocutory ruling of the Ghana High Court, His Lordship Alexander Osei Tutu (J.) addressed two objections raised by Plaintiffs against steps taken by the 2nd to 4th Defendants in preparing their case. Plaintiffs opposed a subpoena to the Executive Secretary of the National Identification Authority, arguing the witness’s attendance would delay the trial and would not assist resolution of the issues. Plaintiffs also invoked the Rules of Court to argue that a previously served Notice to Admit—left unanswered—should be deemed admitted, implying a witness was unnecessary. Separately, Plaintiffs objected to Defendants’ attempt to tender an extract of proceedings from a different suit. The Court rejected both objections, holding that failure to respond to a Notice to Admit does not fetter a party’s right to call a witness; courts do not vet witnesses who are fit and capable; and prior statements from other proceedings are admissible to impeach credibility, though not as proof of their truth.