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FIRST ATLANTIC BANK LTD V. O. T. BROTHERS COMPANY LTD

(2017) JELR 63669 (HC)

High Court  •  SUIT NO. BFS 149/2013  •  2 Mar 2017  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

Judgement

RULING

During the case management conference on 28/02/2017, counsel for the defendant raised an objection to the admissibility of Exhibit “O” and Exhibit “P” which were attached to the plaintiff’s witness statement. He argued that the exhibits being letters written by the defendant in an attempt to settle the matter cannot be used against him (defendant) during the trial. He contended that they are not admissible and should be rejected. Counsel relied on section 105 of the Evidence Act, 1975 (NRCD 323) which states:

(1) A person has a privilege to refuse to disclose and to prevent any other person from disclosing to the tribunal of fact information concerning the furnishing, offering or accepting by such person or his authorised representative of valuable consideration in compromising a claim which was disputed either as to validity or amount and information concerning conducts or statements made as an integral part of such compromise negotiations.

Both letters were in response to the de…

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