[2020]DLHC10644 • March 25, 2020 • High Court
INDEPTH NETWORK vs. DANIEL KOFI BAKU & NINE OTHERS
The Plaintiff, INDEPTH NETWORK, had closed its case and the 1st Defendant, Daniel Kofi Baku, was being cross-examined. During trial, the Plaintiff sought to tender a document (a blank Registrar General's Department Annual Return form) through the 1st Defendant witness. The Defendants objected to the tender on procedural grounds, arguing that the document should have been disclosed earlier in compliance with procedural rules to avoid ambush litigation.
read morei. Background: [1] The trial of this suit is ongoing. The Plaintiff has closed its case and the 1st Defendant has testified and is presently being cross-examined by Counsel for the Plaintiff. There have been a few Court sessions for the cross-examination. On February 20, 2020 Counsel for the Plaintiff filed a document titled “NOTICE”. Under the title, it is stated: “PLEASE TAKE NOTICE that at the next adjourned date, Counsel for the Plaintiff will seek to tender the document specified below and attached hereto, through 1st Defendant witness, Dr. Daniel Kofi Baku”. Attached to the notice is a blank copy of The Registrar-General’s Department, the Companies Act, 1963 (Act 179), Form of Annual Return of a Company Incorporated under the Companies Act, 1963. [2] The adjourned date was February 24, 2020. At the start of the proceedings Counsel for the 1st to 7th Defendants, Mr. Amenuvor informed the Court that he has been served with the copy of the notice and has an objection...