mr. baffour nkansah v. mr. edgar efa and ors

This interlocutory appeal from the High Court in Accra (Fast Track Division) concerns the trial judge’s decision to expunge the testimony of PW2, Ebow Kwabena, in a land title and trespass action over a parcel at East Gbawe (Obishigonno). The Plaintiff/Respondent sought declaration of title, an injunction, and damages for destruction to a block building and fencing; the 1st Defendant/Appellant opposed and had begun cross‑examining PW2 after he testified. On a later date, Respondent’s counsel reported difficulty securing PW2’s return and requested that his evidence be expunged; Appellant’s counsel stated he had no further questions and urged retention. The High Court reluctantly granted the request, expunged PW2’s testimony, awarded GH₵500 costs against Plaintiff, and directed the 1st Defendant to open his defence. On appeal, authored by Tanko Amadu J.A., the Court of Appeal struck out an inadequately particularized ground under Rule 8(4) of C.I.19 but upheld grounds challenging the expunging, holding that Section 62 of the Evidence Act (NRCD 323) was misapplied; fairness required preserving PW2’s evidence. The expunging caused a miscarriage of justice, so the ruling was reversed and the matter remitted.