MICHAEL TETTEH-ACHIM v. LINCOLN COMMUNITY SCHOOL

This Ghana Court of Appeal interlocutory appeal arose from a case management ruling in an employment dispute involving Lincoln Community School and its former Chartered Accountant. After the High Court had dismissed a motion to produce documents as irrelevant, the Respondent attached several of those materials to his witness statement. At the case management conference, the trial judge admitted some exhibits for what it is worth and rejected others as privileged, ordering the Respondent to refile the statement. On appeal, the Appellant argued the judge varied the earlier ruling and admitted irrelevant evidence. Writing for the court, Amma A. Gaisie J.A. held that discovery and case management are distinct procedures; a motion to produce is not the offering of evidence, and under Section 6 of the Evidence Act and Supreme Court authority, objections to admissibility must be raised at trial. The court set aside the trial judges admission and rejection of exhibits, directed a de novo case management conference, awarded costs to the Respondent, and dismissed the appeal because no improper variation occurred.