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PIETERSE V. AMANKRAH AND ANOTHER

(1981) JELR 64985 (HC)

High Court  •  27 Mar 1981  •  Ghana

Coram
OSEI-HWERE J.

Judgement

OSEI-HWERE J.

The first plaintiff witness has given evidence-in-chief to the effect that the plaintiff and the first defendant were recently arraigned before the district court on charges of careless driving and negligently causing harm and that he knew how the plaintiff pleaded. Counsel followed up by asking him to tell the court the explanation the plaintiff gave in the court room. To this question the defendants’ counsel has raised an objection on the ground that proceedings in a criminal action are inadmissible in a subsequent civil action on the same facts and quoted Hollington v. Hewthorn (F.) and Co., Ltd. [1943] 1 K.B. 587, C.A. in support. Besides, he argued that as the witness did not give the explanation, he could not see how he could be called upon to give that evidence. In reply, the plaintiff’s counsel invited the court not to equate irrelevancy with inadmissibility because evidence may be admissible although irrelevant. To him, Hollington v. Hewthorn (F.) and Co., Ltd. (…

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