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SUMAILA BIELBIEL V. ADAMU DARAMANI & THE ATTORNEY GENERAL

(2012) JELR 109721 (SC)

Supreme Court  •  NO J1/2/2010  •  23 May 2012  •  Ghana

Coram
DATE-BAH, JSC (PRESIDING) ANSAH, JSC ADINYIRA(MRS.) OWUSU (MS) JSC DOTSE, JSC YEBOAH, JSC BONNIE, JSC GBADEGBE, JSC A BAMFO (MRS), JSC

Judgement

DR. DATE-BAH JSC:  

It is the unanimous view of the Court that the first defendant should be called  upon to open his defence in the interest of justice. This case does not have the  ordinary characteristics of a trial say at the High Court. The procedure before this  Court is such that, before the commencement of oral testimony in this case, the  first defendant had already put matters in evidence by affidavit. In this  circumstance, it is artificial, and hardly sustainable, to disregard the evidence already adduced by the affidavit of the first defendant and proceed to an  assessment of a no case submission made on his behalf, as if the only evidence on  record is that of the plaintiff. 

In this regard, we have sympathy with the following view expressed by Lord  Justice Mance of the English Court of Appeal which is quoted with approval by  Lord Justice Simon Brown in Benham v. Kythira Investments [2003] EWCA Civ  1794 at para 14, in relation to English practice: 

“In Boyce -v- Wyatt…

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