Amenuvor: My Lords, I wish to refer the Judges to a case of Almar vs hydrophone Ghana Lt. It is a decision of the Supreme Court reported in 2013 and 2014, two supreme court law in Ghana report 15 (51).
Amenuvor: My lords, at page 15(67), with your kind permission if I may read.
Judge: the title of the case.
Amenuvor: my lords, Almar vs Hydrophones Ghana Lt.
Amenuvor: My Lords, the Supreme Court speaking through his lordship then DCE held as follows; "A court has no duty to call upon any party to testify in the case, the court action as an amper and only hears the evidence that the parties will prepare whether the parties will testify or not is none of the court business. Indeed for a court to insist that the party should testify, will announce to the Judge descending into the arena of conflict. After determining the parable issues the proud court leaves the field clear for the party themselves to decide who will testify. We know of no law or rule which entitles the court to call upon a party to testify in the action. If such a law or rule that exist we will venture to say that, it is inappreciable under our legal de envision".
Amenuvor: My Lords, it is our submission that it's the petitioner that has brought us to court, he has led evidence, he has close his case we do not think that there is anything more for us to say. It is our election which indeed the petitioner has good cause, I believe should be dancing and be happy.
Judge: counsel for the 2nd respondent.
Akoto: My lords, we associate ourselves with counsel for the first respondent. Also, we wish to refer your lordship's to the case of Joseph Akanu- Baffoe and two others. Supreme Court of Ghana recalls and as follows;
"A litigant who is a defendant in a civil case does not need to prove anything. The pretty who took the defendant to court has to prove what he claims he is entitled to from the defendant. At the same time if the court has to determine fact or an issue and that determination depend on the evaluation of fact and evidence, then must realise that the determination can not be made on anything if the defendant desires the determination then he must help his course of the case by providing to the court such fact of evidence that has induced the determination to make in his favour. The logical consequences to this are that, if he leaves no such fact of evidence, the court will be left with no choice but to evaluate the entire case based on the evidence of the creative".
Akoto: My lords, what we led not to induce any pieces of evidence, we do so at our own risk and we fort on the sword which after evaluating the evidence of the petitioner, the court concludes that the petitioner has met his evidence and close his case.
Akoto: My lords we believe that the petitioner out to be very happy if the case will be determined on his evidence.
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