[2021]DLHC17272 • June 14, 2021 • High Court
ALEX KYEI vs. ZUBERU ISSAKA
The defendant/applicant sought the court's reconsideration of its earlier decision refusing to admit a record of accounts related to a loan, which was referenced by the plaintiff during cross-examination. The document was filed on 26th April 2021 and served on the plaintiff and his lawyers. The defendant argued that the document was crucial to establish the source of funds used to procure a machine central to the dispute. The plaintiff opposed, contending the document was known and in the defendant's possession before witness statements were filed, and that admitting it would delay the trial.
read moreRULING This is an application for and on behalf of the defendant/applicant hereinafter referred to as the applicant praying the court to reconsider its decision to refuse the admission of evidence on the basis of surprise and accumulation of documents delivered on 5th day of May 2021. I wish to quote the relevant paragraphs as follows: 5. That the ruling refused to admit a record of accounts on a loan referred to by the plaintiff in cross examination on the 5th May 2021. 6. That this document was filed in court on 26th April 2021 and was duly served on the plaintiff and his lawyers. 7. That the lawyers of the plaintiff were served in good time and therefore had a fair knowledge of the document and therefore removing any element of surprise on them. 8. That the refusal of the document will not serve the cause of justice and allow all issues in this case to be exhaustively dealt with. 9. I am advised and I believe same to be true that this court has authority under its inherent ju...