[1981]DLCA2146December 1, 1981Court of Appeal

KARIKARI vs. WIAFE

JUDGMENT OF JIAGGE J.A. This application is for leave to adduce fresh evidence at the hearing of an appeal now pending before this court by tendering pages 20-22 and 27-29 of the record of proceedings in suit No.167/72 heard by the District Court, Bechem, in 1972 and entitled: Adu Asare Waye — Plaintiff v. Adwoa Addae — Defendants Amma Nyarko and Kwabena Pie — Co defendant. The applicant in his affidavit in support of his motion, averred that during the hearing of the suit (LC8/78) - Opanin Kwasi Wiafe v. J. K. Karikari at the High Court, Sunyani, the appeal from which is now pending before this court, Kwabena Pie gave evidence for the plaintiff-respondent (hereafter referred to as the respondent) and revealed that he had at one time been sued in connection with the Aboabogye farm, one of the farms in the present dispute, at the District Court, Bechem. Following Kwabena Pie’s evidence, the applicant applied for copies of the proceedings before the District Court, Bech...