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July 25, 2023
HIGH COURT
GHANA
CORAM
There is an objection raised by counsel for Petitioner in respect of the court admitting
Exhibits 2, 2a and 3, which Respondent has attached to his witness statement.
The grounds for this objection is that there is no source of these documents and also
no certified copies of these documents and same may not be genuine. For these
reasons, counsel is praying that these documents should be rejected by the court.
Counsel for Respondent, in rebutting this assertion contends that the said
documents bear Respondent‘s name as well as his Number and a stamp of the Volta
Aluminum Company Limited Tema.
It is Counsel’s contention that this document is authenticated as per the provision of
section 136 (2) of the Guidance Act.
After hearing the submission of respective Counsel, it is my considered opinion that
the said documents ought to be admitted in evidence if same is to aid the court in
determining this matter.
I hereby overrule the objection raised by Counsel for Petitioner and admit exhibit 2,
2a and 3 in evidence.
H/L: RITA AGYEMAN-BUDU (MRS)
(JUSTICE OF THE HIGH COURT)
AI Generated Summary
Her Ladyship Justice Rita Agyeman-Budu of the High Court ruled on an evidentiary objection concerning exhibits attached to the Respondent’s witness statement. The Petitioner’s counsel objected to Exhibits 2, 2a, and 3, asserting that they had no identifiable source, lacked certified copies, and might be inauthentic, and asked the court to reject them. Respondent’s counsel countered that the documents bore the Respondent’s name, his number, and a stamp from Volta Aluminum Company Limited, Tema, and argued that they were authenticated under section 136(2) of the Guidance Act. After hearing both parties, the court concluded that admitting the documents would aid the court in determining the matter and therefore overruled the objection. The decision admitted Exhibits 2, 2a, and 3 into evidence for consideration in the case.