NANA BARIMA EKOW GYESA vs. BANK OF GHANA AND NANA KWO GYANTEH IV

On 27th January, 2022 when the Plaintiff’s representative mounted the witness box and indicated to the court that he is relying on his witness statement as his evidence in chief, counsel for the 1st Defendant objected to the admissibility of the said witness statement. The basis of his objection was the fact that the document is labelled Further Amended Witness Statement. It is counsel’s case that a witness statement cannot be amended. That a witness statement is not a pleading for which Order 16 of the High Court (Civil Procedure) Rules, 2004 (CI 47) is applicable. Order 16 governs the amendment of pleadings. Counsel submitted that the Further Amended Witness statement of Emmanuel Tweneboah filed on 29/10/21 sins against the rules of evidence and therefore same cannot be adopted by the court. Counsel for the Plaintiff in his response, submitted that the objection is frivolous, vexatious and unmeritorious. Counsel intimated that merely filing a witness statement does not mean th...