AYAMGA YAKUBU AKOLGO vs. PAPA PRAH @ BLACK EAGLE, EBUSUAPANYIN KWESI BEDIAKO AND BRAM RODENBURG

On 7th April, 2022 after the attorney for 3rd defendant was discharged from the witness box and counsel for the 3rd defendant announced the closure of 3rd defendant’s case, the court ordered counsel to file their written addresses within 21 days. Counsel for the Plaintiff has complied with the order of the court to file his written address but Counsel for the 3rd defendant has not done so. Meanwhile, the case has been fixed for judgment on 20th October, 2022. Counsel has rather filed a Motion on Notice on behalf of 3rd Defendant’s attorney/Applicant for leave to file and recall her (attorney) to tender the full complement of the Power of Attorney (Exhibit 1) with its annexures. According to Applicant, the application is grounded under sections 68 and 79 of the Evidence Act, 1975 (NRCD 323) as well as Orders 36(5) and 19 of the High Court (Civil Procedure) Rules, 2004 (CI 47). The application is supported by a nine paragraph affidavit which set out the factual basis for it. Counse...