By Our Legal Desk
Yesterday (February 12, 2026), the Court of Appeal set aside a 2019 judgment by Justice Afia Serwaa Asare Botwe in my favour. The unanimous decision, read by Justice David Adade Boafo, found that the trial judge erred in expunging evidence during a Case Management Conference (CMC) on April 19, 2019, in accordance with the Practice Directions at the time.
The Appeal cited the trial judge’s decision to exclude evidence agreed upon by parties as irrelevant and further upholding objections by my lawyers to delete unauthenticated videos were in error. The Court of Appeal ruled that that decision was contrary to section 6 of the Evidence Act (NRC Decree, 1975) and the Supreme Court’s Ex parte Duffuor decision (February 10, 2021). They noted that the exclusion had/has led to a miscarriage of Justice.
*KEY EVENTS: *
- *December 18, 2014*: CI 87 introduced Witness Statements and Case Management Conferences to civil trials.
- *November 1, 2018*: Practice Direction affirmed the power to take objections during CMC.
- *April 2, 2019*: Case Management in the Kwaku Baako case; parties agreed to strike out exhibits relating to Heritage Company. No appeal was made on this objection.
- *June 26, 2020*: Judgment delivered by Justice Afia Asare-Botwe, July 6, 2020*: Appeal filed.
- *February 10, 2021*: Supreme Court ruled in Ex parte Duffuor that objections to evidence must be made during trial, not at CMC.
- *November 2, 2022*: Additional Grounds of Appeal filed, citing the trial judge’s error.
- *Yesterday, (February 12, 2026), the Court of Appeal ordered a retrial and refund of payments made by the Defendant to the Plaintiff.
- *In view of the trajectory and circumstances cited above, it is in the larger public interest to subject yesterday’s judgment to scrutiny at the appropriate forum, upstairs.
Signed:
Abdul Malik Kweku Baako (Co-publisher of The New Crusading GUIDE/Kweku Baako Media Ltd.)
Please note:
Attached is the record of proceedings of 2nd April, 2019, where all parties agreed to all the evidence put forward by the Plaintiff.
