ANNOBIL vs. OBOSU AND ANOTHER

JUDGMENT OF OSEI-HWERE J. This ruling incorporates the answer to two applications made by the plaintiff. The first seeks leave to amend his reply to the defendants’ amended defence which the plaintiff filed out of time and the second attempts to introduce fresh evidence after the formal evidence taken at the trial has closed and what now remains is to hear the addresses of counsel. The former application does not attempt to rectify any inconsistencies in the pleadings occasioned by the oral evidence but rather to bring the plaintiff’s pleadings to conform with the oral evidence which he was permitted to lead without any objection. In Marfo v. Adusei [1963] 1 G.L.R. 225, S.C., the following comments on practice are set down in the headnotes: “(2) The penalty for failing to plead a material fact is the exclusion, upon objection being taken, of evidence to establish it. But where evidence which could have been ruled out as inadmissible because it is adduced to prove a material fac...