SARAH OBUADABANG LARBI vs. TEMA DEVELOPMENT CORPORATION

PREAMBLE DOTSE JSC:- This interlocutory appeal raises issues which relate to the criteria or guidelines that an appellate court such as this Supreme Court must consider when an appeal lies against the refusal of the Court of Appeal in allowing a party to adduce fresh evidence as is provided for under Rule 26 of the Court of Appeal Rules, 1997, (C. I. 19) and expatiated further by the decision of this Court in Poku v Poku [2007-2008] SCGLR 996. FACTS OF THE CASE The Plaintiff/Appellant/Respondent hereafter referred to as the Plaintiff on the 7th day of July, 1998, commenced a suit in the Circuit Court, Tema as the Administrator of the Estate of Ogyadu Obuadabang Larbi (Deceased) against the Defendants/Respondents/ Appellants, hereafter referred to as the Defendants, claiming the following reliefs:- 1. “A declaration that the said lease agreement between TDC and Ogyadu Obuadabang Larbi (Deceased) on plot numbers TDC 346/48/18 and 19 is subsisting and not terminated. 2. A declarat.....