AGYEI ASARE V. SAMUEL AMANFO & 3 ORS

JUDGMENT

DR. POKU ADUSEI, JA

This interlocutory appeal challenges a decision of the Circuit Court,  Fiapre, to exclude portions of the intended evidence-in-chief of the  plaintiff/appellant’s witness. The trial judge had reasoned that the parties  were bound by their pleadings and for that matter their witnesses could  not testify to facts which were not contained in the pleadings. 

In the main, the plaintiff/appellant (hereinafter referred to as the plaintiff)  instituted legal action against the defendants/respondents (hereinafter  referred to as the defendants) claiming the following reliefs: 

(a) Declaration that it was the Plaintiff who entered into a  contract with Kwaku Nyamekye to continue and complete the  commercial project the late George Arthur started on Plot No.38, Block  O, Sector 8. 

(b) Declaration that at the time the Plaintiff entered into the  contract with Kwaku Nyamekye to continue and complete the  commercial project the late George Arthur started on Plot No.38, Bloc…