[2019]DLSC8747 • December 4, 2019 • Supreme Court •
BENJAMIN YAW OSEI vs. THE CHIEF JUSTICE, JUDICIAL COUNCIL AND THE ATTORNEY GENERAL
The plaintiff, Benjamin Yaw Osei, challenged the admissibility of a document attached to the defendant's witness statement filed in compliance with Rule 7A of Order 32. The plaintiff argued that the document contained prejudicial material and should not be admitted. The trial judge allowed the document to be tendered but ordered the removal of prejudicial portions. The plaintiff appealed to the Court of Appeal, which affirmed the trial court's ruling. The plaintiff then appealed to the Supreme Court.
read moreThis is an appeal against the interlocutory ruling of the Court of Appeal dated 28/02/2019. The appeal is a second one filed by the plaintiff in the trial High court after his first appeal to the Court of Appeal did not find favor with the court. The facts are that, at a case management conference during application for directions, the plaintiff objected to the admissibility of a document attached to the written statement of defendants’ witness. The preliminary objection was that the document, which the defendants had filed at the registry of the court in compliance with Rule 7A of Order 32 together with the witness statement of defendant’s witness, was not admissible and therefore should not be adopted by the court as part of the documents to be relied on by the defendant at the trial. The reason for saying the document was not admissible was that it contained material that was prejudicial to plaintiff’s case. The judge overruled the preliminary objection and held that the d...