Dei-Alorso Vrs, Gaitu (E7/01/2023) [2024] GHAHC 328 (13 June 2024)

INTHESUPERIOR COURT OF JUDICATURE INTHEHIGH COURT OF JUSTICE, HO (COURT ‘1’)HELDONTHURSDAY 13TH JUNE2024BEFORE JUSTICEJOHN EKOW MENSAH. SUITNO. E7/01/2023 HERODEI-ALORSE BK210,Solfa Avenue PLAINTIFF MountZion-AnajiWest, Takoradi. VERSUS DR. ABRAHAM GAITU VH-0190-7776 NearVAG Hall-offAccra-Ho Road DEFENDANT SokodeLokoe RULING At the trial, Plaintiff’s Counsel raised objections to Defendant’s Exhibits 2 and 3 on the grounds that Exhibit 2 is a Whatsapp conversation and per the decision on A2Z Infraservices Ltd. vs. Quippo Infrastructure Ltd., Whatsapp conversations must be admitted into evidence with care since anything at all can be posted and removed on socialmedia. In respect of Defendant’s Exhibit 3, Plaintiff’s Counsel objects to same on the grounds that the documents are cumulative and per section 52 (a) & (b), such documents areinadmissible intoevidence. 1|Page In response, Defence Counsel says Exhibit 2 is a Whatsapp Message between the parties and its contents are based on the Defendant’s assertion that Defendant paid some monies to the Plaintiff, a claim that is founded on Defendant’s Statement of Claim. In respect of Exhibit 3, Defence Counsel submitted that the documents are not cumulative or repetitive and that its contents are also rooted in Defendant’s pleadings. BYCOURT: Upon hearing both Counsel in the suit, this Court can find that the documents Defendant seeks to tender in evidence are deeply rooted in the pleadings of the Defendant. In fact, Defendant’s Exhibit 2 and Exhibit 3have their basis in Defendant’s StatementofDefence. Again, this Court finds the said Exhibits very material to the case of the Defendant and there is no doubt about their relevance in helping the Courtto determine the issuesat hand. In view of these findings, the Court will overrule the objections and admit Defendant’sExhibit 2and 3intoevidence. They arelabelled Exhibit 2and Exhibit 3forthe Defendant. (Sgd.)John EkowMensah, J. HighCourtOne (1), Ho. 2|Page Lawyers: - Kweku Attakora Dwimoh with Addai Mintah Emmanuel for Dr. Issidore Tuffourfor thePlaintiff. - InnocentBobbie forSenanuAfagbe for theDefendant. vmo* 3|Page