[2010]DLHC5648 • February 18, 2010 • High Court
CHRISTIAN ADU-AMANING vs. THE COCA-COLA BOTTLING CO. GH. LTD.
The Plaintiff filed an application to be recalled to give further evidence, asserting that after his initial testimony, he obtained documents relevant to the case which he did not have access to during his evidence-in-chief. He contended that these documents would assist the Court in properly determining the suit. The Defendant opposed the application, arguing that the affidavit in support contained bare averments and that the application did not meet the legal standards for recalling a witness.
read moreThis ruling is in respect of an application filed on behalf of the Plaintiff on 20th November, 2009 for an order for him to be re-called to give evidence. The main reason for the application is that, it has come to his notice that there were some documents which he should have tendered in evidence at the time he was giving his evidence-in-chief but at that time he did not have access to those documents which he has now got. According to him when these documents are brought to the attention of the Court they will assist the court to properly determine the suit. The Defendant opposed the application in an Affidavit in Opposition filed on behalf of the Defendant on 24th November, 2009 on two main grounds. The first one being that, the Supporting Affidavit contains only bare averments and the second one being that the application falls short of the law and practice laid down for judges to consider in exercising their discretion whether or not to grant an application to recall a witne...