mr. baffour nkansah v. mr. edgar efa and ors
2016
COURT OF APPEAL
GHANA
CORAM
- agnes m.a dordzie (mrs). j.a (presiding)
- tanko amadu j.a
- mabel agyemang (mrs). j.a
Areas of Law
- Civil Procedure
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves Plaintiff suing Defendant for land title declaration and other reliefs. During the trial, Plaintiff's witness PW2 testified but couldn't return for further cross-examination, leading Plaintiff's counsel to request expunging of PW2's testimony which was granted by the trial court. Defendant appealed, and the appellate court ruled that the trial court erred in expunging the testimony, reversing the decision and remitting the case to the trial court for continuation of trial.
TANKO AMADU J.A (1) This is an interlocutory appeal from the ruling of the High Court Accra (Fast Track Division ) dated 23rd May, 2013. (2) The background facts to this appeal are that, at the Court below, Plaintiff/Respondent (hereinafter referred to as “the Respondent”) by an amended writ of summons sought the following reliefs against the 1st Defendant/Appellant (hereinafter referred to as “the Appellant”) and two others: (a) A declaration of Title to all that piece or parcel of land lying and being at East Gbawe also known as Obishigonno containing an approximate area of 0.16 of an acre and bounded on the North-West by proposed road measuring 70 feet more or less on the South-East by Plot No.19, measuring 70 feet more or less, on the South-West by Plot No.8 measuring 100 feet more or less and on the North-East by Plot No.10 measuring 100 feet more or less being the property of the Plaintiff. (b) Perpetual injunction restraining the Defendant, his servants workmen or agents or otherwise whosoever from entering the said land and from constructing a building on the land or performing any acts of trespass and ownership thereon. (d) General Damages for the destruction of the Plaintiff’s block building and the wall surrounding it, the true cost of which could only be assessed after trial in view of the fluctuating prices of building materials. (d) Damages for Trespass. (e) Costs” (3) In an amended statement of defence, the Appellant joined issues with the Respondent having substantially denied all material allegations contained in the Respondent’s amended statement of claim.
Pleadings were closed and issues set down for determination.
At the trial, the Plaintiff testified.
He then called PW2 in the person of one Ebow Kwabena who was led in evidence by Respondent’s counsel on the 8th day of May 2013.
On the same day, Appellant’s counsel began cross-examination to “seal his mouth” and later applied for an adjournment to continue with cross-examination. (4) On the next adjourned date, i.e.23rd May 2013 the Respondent’s counsel informed the court of his difficulty in bringing PW2 back to Court for further cross-examination (see page 119 of the record of appeal). The Respondent’s counsel then announced that they do not intend to proceed with PW2 any longer and therefore his testimony be expunged from the record.
Counsel for the Appellant in response announced to the Court that they too did not intend to carry out any further cross-examination of PW2 and