REV. DR. SETH MENSAH ABLORH vs. MRS. THEODORA ALBERTA QUARTEY

SOWAH, (J.A): This is an interlocutory appeal in respect of a Ruling by the trial judge refusing the defendant/appellants application to call an expert witness. The Ruling was delivered on 30th July 2015 and is at page 110 of the Record of Appeal. Background Facts The writ in the suit was issued on 29th October 2009 and concerns a dispute about the ownership of a parcel of land. Each of the parties testified and called four witnesses. On 24th June 2015, the defendant/appellant closed her case. The court then appointed an expert on the same day with the consent of the parties. Both parties duly filed Survey instructions. The court-appointed surveyor filed his report on 27th July 2015, gave evidence and was cross-examined by counsel for both parties. After cross-examination by the appellant on 30th July 2015, counsel for defendant immediately moved the Court under Section 112 of the Evidence Act and its inherent jurisdiction seeking leave to call an expert witness of her own to addres...