DR. JOSEPH FRANKIE TETTEH vs. MRS. A. D. ASAMOAH & 3 ORS

The evidence of Plaintiff as contained in his witness statement and the Exhibit ‘A’ tendered in support of his case has not been challenged by the defendants in cross-examination. In the case of Takoradi Flour Mills vs Samir Fans (2005 – 2006) SCGLR Ansah JSC referred to the case of Tutu vs Gogo Civil Appeal number 25/67 dated 28th April, 1969, C. A. unreported; digested in the (1969) C. C. 76 where Ollenu J.A. held as follows “in law where evidence is led by a party and that evidence is not challenged by his opponent in cross-examination and the opponent did not tender evidence to the contrary, the facts deposed to in the evidence are deemed to have been admitted by the party against whom it is led and must be accepted by the court. See also the following cases: Fori vs Ayirebi (1966) GLR 627 S. C. and Hammond vs Amuah (1991) 1 GLR 89 H. C. For my part I have no reason to doubt the evidence of the plaintiff. I accept same and enter judgment on the balance of probabil...