[2018]DLHC9215June 6, 2018High Court

MET CAPITAL GROUP LIMITED vs. GUARANTY TRUST BANK (GHANA) LTD. & LINKSFIELD RIDGE REALTY LTD.

In this Motion on Notice for Leave to Recall Defendant’s Witness to tender documents, I have given my thoughtful consideration to the rival contentions put forward by the parties to the suit in the affidavit evidence placed before the Court as well as the oral submissions of both Counsel on their behalf before this Court. I have also considered the relevant provisions of the law to include the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and its amendment, the High Court (Civil Procedure) (Amendment) Rules, 2014 (C.I. 87), the Evidence Act, 1975 (NRCD 323) (hereinafter, the “Evidence Act”) and the case law and authorities on this matter. Before delving into the motion, I would like to address certain specific averments contained in the Affidavit in Opposition sworn to and relied on by counsel for 1st Defendant in opposing the present application. [See, particularly, the paragraphs 6, 7, 8, 12 and 13 of the said Affidavit]. I am of the respectful view that the tenor of...