SAMUEL ADJEI SORSEY OBLIE vs. MENSAH SOWAH KODIA, ADJEI OKPOTI MASSEY, LANDS COMMISSION

RULING The applicant has prayed the court by motion to as he put it “CALL/RECALL WITNESS” on the grounds he deposed in the affidavit attached. The said affidavit is a four paragraph one. The main deposition can be found in paragraphs 2 and 3. In paragraph 2, the deponent said: “That during the cause of this trial 1 & 2 deponents amended their statement of defence and counterclaim to raise some new issues”. “3 that it has become necessary for me to call the Agbawe secretary and recall PW2 to speak to those new matters”. Learned counsel for applicant fell on Section 68 (1) of the Evidence Act, NRCD 323 to support his argument. It must be pointed out that, counsel referred to Evidence Act 197`. However, we do not have any Evidence Act 197. It is rather Evidence Act 1975, NRCD 323. Counsel therefore submitted that “it gives the Court absolute discretion to call any person who can properly be described as a witness only at the request of a party. It does not even require...