[1961]DLSC10228March 25, 1961Supreme Court

BUDU II vs. CAESAR AND OTHERS

KORSAH, C.J. During the trial of this case in the Land Court, counsel for plaintiff intimated that the learned judge presiding at the trial, had, prior to his elevation to the High Court Bench, "written a letter as solicitor for the fourth defendant, Ocansey, to the Clerk of mid-Volta Local Council, Senchi, in connection with the tolls in respect of the land which the fourth defendant claims in this suit." Counsel, however, further stated that he was not objecting to the learned judge hearing the case. Later, at the close of the evidence of plaintiff's fifth witness, counsel repeated the above statement, and specially mentioned a letter dated the 8th October, 1941, as the letter to which he had previously referred, and added that because of that letter his client objected to the learned judge hearing the case. The letter which was admitted in evidence and marked exhibit LC reads thus: "Dear Sir, C. Tetteh Cuonooh .. Plaintiff versus Nana Kofi Budu ...