ANCHOR INT. INDUSTRIAL LTD (PLAINTIFF) vs. SAMUEL GYIMAH (DEFENDANT)

On the 9th July 2018 the Defendant’s Counsel raised an objection at case management regarding an audio recording which the Plaintiff sought to rely on. Both lawyers relied on the case of Raphael Cabagee vs. Michael Yeboah Asare & 2 ors., Suit No. J6/04/2017 (unreported). I have had occasion of reading the said decision of the Supreme Court. I overruled the objection of Defence Counsel and reserved my reason to today so as to afford myself the opportunity to read the decision of the Supreme Court. In my view the recording which the Plaintiff is seeking to rely on was not made with a view to prosecute the case before me. If that were so the Plaintiff would have pleaded it in the statement of claim. The said recording was mentioned when the Defendant denied all the averments of the Plaintiff relating to the transaction. It was at this point that the Plaintiff introduced the recording in its reply as a means to expose the Defendant’s denial of the averments contained in the pleading...