EDWARD OFORI AMOAH vs. MADAM STELLA ANDREWS AND WILLIAM BORTSI E. ANDREWS [2020]DLHC10534

Date	2020-06-09
Suit No.	SUIT NO: GJ/1598/2014
Citation No.	[2020]DLHC10534

KWEKU T. ACKAAH-BOAFO J

MR. CECIL QUARTEY LED BY DANIYAL ABDUL-KARIM FOR THE PLAINTIFF - PRESENT

MADAM OHENEWAA ABOAGYE LED BY PAA KWESI ABAIDOO FOR THE DEFENDANTS – PRESENT

[2020]DLHC10534
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													<main id="main" class="content" style="min-height: 60rem" >EDWARD OFORI AMOAH<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MADAM STELLA ANDREWS AND
WILLIAM BORTSI E. ANDREWS &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (DEFENDANTS)<o:p></o:p>[<span lang="EN-GB" style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:Calibri;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-ansi-language:EN-GB">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:&nbsp;&nbsp; <o:p></o:p>MR. CECIL QUARTEY
LED BY DANIYAL ABDUL-KARIM FOR THE PLAINTIFF - 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;">

MADAM
OHENEWAA ABOAGYE LED BY PAA KWESI ABAIDOO FOR THE DEFENDANTS – PRESENT<o:p></o:p>

</div>Ruling Re: Filing Supplementary Witness
Statement<o:p></o:p><span lang="EN-CA" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-fareast-language:EN-CA">Introduction:<o:p></o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Applicant’s Case:&nbsp; <o:p></o:p>[1]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This
is an application by Counsel for and on behalf of the 2nd Defendant herein
praying for leave to file a “supplementary witness statement in order to tender
a pen drive on the 2nd Defendant’s supervision of the development of the Forest
View Lodge at Abrafo – Odumase near Cape Coast and the Family House of the
Plaintiff at Bodumase near Kumasi from the bare ground to a Hotel complex and
from the bare ground to a 5 storey building upon the grounds contained in the
accompanying affidavit in support”.<o:p></o:p>&nbsp; <o:p></o:p>[2]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It
is noted that the Plaintiff and his witnesses have already testified and been cross-examined
by Counsel for the Defendants. The 2nd Defendant has completed his evidence-in-chief
and his witness statement filed on May 16, 2018 has been adopted by the Court. Mr.
Daniyal Abdul-Karim, Counsel for the Plaintiff started his cross-examination on
March 19, 2020 and same is not completed. The previous trial dates set could
not be utilized due to the ongoing Covid19 pandemic. The instant application
was filed on March 25, 2020. The main thrust of the application according to
the 2nd Defendant is that while preparing his witness statement he could not
find a video coverage he caused to be made for him on the Forest View Lodge property
developed under his supervision from the ground to its present state at
Abrafo-Odumase near Cape Coast and also the Plaintiff’s family house at
Bodomase near Kumasi, also under his supervision. <o:p></o:p>&nbsp;[3]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; According
to the Applicant he only found the pen drive when he was about to testify. The
Applicant further contends that what is on the pen drive shows “the development
of the 2 properties, showing details of enormity of work done”. Consequently, the
2nd Defendant/Applicant deposed that “I therefore crave the indulgence of this
Honourable Court for leave to file Supplementary Witness Statement to enable me
a copy (sic) of my pen drive coverage on these 2 properties in evidence”. The
Applicant further deposed that he has been advised that the instant application
is timely because Counsel for the Plaintiff shall have the opportunity to
cross-examine him fully on the subject to enable the Court to fully and
effectually evaluate the veracity of his evidence. He attached Exhibits WBA “1” and WBA “2”, the “intended Supplementary Witness
Statement” and the “intended pen drive”.<o:p></o:p>&nbsp;