[2019]DLHC6876May 10, 2019High Court

BERNARD OSEI BOATENG vs. NELSON TWUMASI AND OTHERS

The plaintiff/applicant sought to set aside a witness statement filed by Alex Brobbey, who was given power of attorney to testify on behalf of the 5th defendant/respondent. The witness statement included documents not originally attached by the 5th defendant. The plaintiff argued that this introduced fresh evidence unfairly and prejudiced his case.

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In this application the plaintiff/applicant (hereinafter called the applicant) is inviting the court to set aside the witness statement of one Alex Brobbey filed on behalf of the 5th defendant/respondent (hereinafter called the respondent) on 6th December, 2018. The said Alex Brobbey was given a power of attorney to testify on behalf of the 5th defendant. This was after the applicant had closed its case and the 5th defendant was expected to open his case. Following the power of attorney, the attorney herein (Alex Brobbey) filed a witness statement to testify in his capacity as the attorney of Charles Mensah, the 5th defendant. In the witness statement the attorney herein attached documents which he intends to rely on as his exhibits. It must be noted that these documents were not attached by the 5th defendant in his original witness statement filed on 30th March, 2017. It is the witness statement of the attorney herein that has triggered the instant application. The grounds of the ap...