FRENCHSON COMPANY LTD. vs. JOANA MENSAH AND RANSFORD SAKYI

SOWAH, (J.A): Background Facts Being dissatisfied with the Report of a court appointed surveyor, the defendants/applicants/appellants [hereafter referred to as the appellants] filed a motion for an Order to cross-examine him. The appellants also filed a supplementary affidavit in support to which they attached a Report by their own surveyor. The plaintiff/respondent/respondent [hereafter the ‘respondent’] raised a preliminary objection when the motion was heard, contending that by the Rules of court, it was wrong to attach an independent survey report to the supplementary affidavit without leave of the court. The trial judge upheld the objection in a Ruling dated 7th November 2018 which is the subject of this appeal. The judge was of the view that the whole application to cross-examine was “premature and otiose”. Unhappy with the Ruling, the appellants filed this interlocutory appeal on 21st November 2018 seeking for this court to set aside the Ruling and grant the applicati...