BSIC (GH) LIMITED vs. ZEBRA INVESTMENT GROUP LTD, IDDRISU ABDULAI AND ZEBRA FC LIMITED

JUDGMENT 1.0 Background 1.1 The law implicated in this suit involves largely first, the nature and importance of pleadings in civil proceedings; second, the courts’ attitude to ambivalent and prevaricated pleadings; and third, the burden if any that the law places on a defendant in civil proceedings; and fourth, the burden if any on parties to provide proof of fact admitted or impliedly admitted in pleadings. Order 11 Rule 13 ; Hammond v Odoi & Anor [1982-83] GLR 1215, SC; Dam v Addo [1962] 2 GLR 200, SC. The decision also addresses the issue of capacity of the court on its own during cross examination to raise legal issues that had been implicated during and at the cross examination, and then whether the court can make award for damages when the victorious party did not ask for the relief in the writ of summons and statement of claim. 1.2 The plaintiff, the 1st defendant, and the 3rd defendants are all local corporate entities. Plaintiff provides banking services. 1st def.....