Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

PIETERSE v. AMANKRAH AND ANOTHER

March 27, 1981

HIGH COURT

GHANA

CORAM

  • OSEI-HWERE J

Areas of Law

  • Evidence Law
  • Civil Procedure

AI Generated Summary

Justice OSEI-HWERE J addressed a preliminary evidentiary objection in a Ghanaian civil action that followed the arraignment of both the plaintiff and the first defendant in the district court on charges of careless driving and negligently causing harm. When the plaintiff’s first witness was asked to recount the explanation the plaintiff gave in the criminal courtroom, defense counsel objected, invoking Hollington v. Hewthorn [1943] 1 K.B. 587 to argue that criminal proceedings are inadmissible in subsequent civil litigation. The court reviewed the English rule and its criticisms, and emphasized Ghana’s Evidence Decree, 1975 (NRCD 323), notably section 127(1), which permits evidence of final criminal judgments to prove essential facts. Nonetheless, applying section 116’s hearsay principles, the court concluded that the witness, not being the declarant, could not relate the plaintiff’s explanation because it would not be subject to cross-examination. The objection was sustained and the preliminary ruling upheld.

JUDGMENT