FORKUOH KOFI TWUMASI & 4 ORS. vs. BRITISH INTERNATIONAL SCHOOL-GHANA [2019]DLHC10264

Date	2019-05-27
Suit No.	SUIT NO. IL/0133/17
Citation No.	[2019]DLHC10264

HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS)

1ST PLAINTIFF PRESENT REPRESENTING THE OTHERS

DEFENDANT REPRESENTED BY NADIA ISMAILA

CHRISTIAN LEBRECHT MALM-HESSE

COUNSEL FOR THE PLAINTIFFS PRESENT

KWAME BOAFO AKUFFO COUNSEL FOR THE DEFENDANT ABSENT

[2019]DLHC10264
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													<main id="main" class="content" style="min-height: 60rem" >FORKUOH KOFI TWUMASI &amp; 4 ORS.<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>BRITISH INTERNATIONAL SCHOOL-GHANA<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL:<o:p></o:p>1ST PLAINTIFF PRESENT, REPRESENTING THE OTHERS<o:p></o:p>DEFENDANT REPRESENTED BY NADIA ISMAILA<o:p></o:p>CHRISTIAN LEBRECHT MALM-HESSE, COUNSEL FOR THE PLAINTIFFS
PRESENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

KWAME BOAFO AKUFFO, COUNSEL
FOR THE DEFENDANT ABSENT<o:p></o:p>

HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS)<o:p></o:p>

</div>&nbsp;RULING ON OBJECTION RAISED
BY DEFENDANT COUNSEL, CONCERNING EXHIBIT ‘FKT9’ WHICH IS ATTACHED TO THE
WITNESS STATEMENT OF THE 1ST PLAINTIFF FILED ON 4TH MAY,
2018.<o:p></o:p>The
trial of this matter should have started but the Counsel for the defendant has
raised an objection to Exhibit ‘FKT9’ which is attached to the witness
statement of the 1st plaintiff. Counsel says the said exhibit which
is a letter written by the defendant to the plaintiffs in an attempt to settle
the substantive matter should not be part of the exhibits to be relied on by
the plaintiffs because that letter was part of the negotiations the parties
engaged in when this Court urged on them the need to settle the matter out of
Court.<o:p></o:p>The
plaintiffs’ Counsel has opposed the objection, saying that the said exhibit is
relevant to the determination of the case of the plaintiffs. He says this
objection ought to have been raised by defendant’s Counsel at the Case
Management stage and that the Counsel for the defendant is only trying to take
the Court back to matters that ought to have been raised during the Case
Management stage.<o:p></o:p>This
Court has considered the submissions of both Counsel and it has also looked at
the said Exhibit ‘FKT9’ and it agrees with the submission of defendant Counsel
that the said Exhibit ‘FKT9’ should not be part of the exhibits to be relied on
by the plaintiffs since it was written in the course of the parties trying to
settle the matter amicably out of Court.<o:p></o:p>All
the correspondence that took place between the parties in their bid to settle
this matter out of Court are deemed to be ‘without prejudice’ to the
determination of the substantive matter by this Court. Therefore the said
Exhibit ‘FKT9’ is expunged from the record and cannot be relied on by the
plaintiffs. No award of cost against plaintiffs.<o:p></o:p>&nbsp;(SGD)<o:p></o:p>JUSTICE
ANANDA J. AIKINS (MRS)<o:p></o:p>JUSTICE
OF THE HIGH COURT<o:p></o:p>&nbsp;<o:p></o:p>&nbsp;&nbsp;&nbsp;

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