SIMON ANKUJEH AND 99 OTHERS vs. GTP

BROBBEY, J.A.: The applicants herein have instituted an action against the respondent company claiming certain reliefs relating to their end of service benefits. The case was tried in the High Court and judgment given in favour of the applicants. The respondents appealed to this court. The appeal was heard to conclusion and is awaiting judgment. The applicants then filed the instant application for leave to adduce fresh evidence. The evidence which is sought to be adduced is to the effect that junior and senior staff members were employed on different conditions of service. The application was brought under CI.20, rules 26 and 31. The first rule provides that; “26. (1) It is not open as of right to any party to an appeal to adduce new evidence in support of his original case but, in the interest of justice, the court may allow or require new evidence to be adduced; such evidence shall be in the form of oral examination in court, an affidavit or a deposition taken before an exam.....