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MORKOR v. KUMA

1999

SUPREME COURT

GHANA

CORAM

  • EDWARD WIREDU
  • KPEGAH
  • ADJABENG
  • ACQUAH
  • AKUFFO JJSC

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

This case involves an application to introduce new evidence in an appeal before the Supreme Court of Ghana. The applicant, a managing director of East Coast Fisheries Ltd, sought to introduce evidence alleging fraud in obtaining a summary judgment against her and the company. The court examined the application under Rule 76 of the Supreme Court Rules, 1996 (CI 16), which governs the introduction of new evidence on appeal. The court emphasized that introducing new evidence on appeal is not a right but requires leave of the court, subject to specific conditions. These conditions include that the evidence must be in the interest of justice, related to the issue before the court, and not have been available with due diligence at the original hearing. The court found that the evidence the applicant sought to introduce did not meet these criteria, as it was not truly new and could have been presented earlier in the proceedings. The court also noted that if fraud is alleged, introducing fresh evidence might not be the correct method of seeking redress in this case. Consequently, the application was dismissed, highlighting the court's role in balancing the interests of justice with the need for finality in litigation.