The Court of Appeal in the 23rd April, 2026 case of KIMATHI KUENYEHIA v. ACTIVA INTERNATIONAL INSURANCE GHANA LTD & ORS [TLP-CA-2026-26] was thrown into rarely travelled waters under civil procedure rules and section 75 of the Courts Act, 1993 Act 459 as pertains to obtaining and examination of witnesses in matters pending before a foreign tribunal.

In a well organised analysis of the procedure for obtaining evidence for a foreign court, principles on authenticity of foreign documents inter alia, the Court of Appeal in unanimity dismissed an appeal lodged by Activa International and others against the grant of an ex parte application for the obtaining of evidence and examination of witnesses in Ghana by the Court-mandated examiner, Ms. Victoria Barth.

The protagonists in the matter are Kimathi Kuenyehia, suing as authorised representative of the United States District Court for the Southern District of New York. Mrs. Victoria Barth, named examiner of witnesses and Mr. Eugene Wiredu of Minkah-Premo, Osei-Bonsu, Bruce Cathline & Partners.

Activa International, through Mr. Eugene Wiredu were the party aggrieved by the decision of the High Court granting the motion of Mr. Kuenyehia for obtaining and examining witnesses for the United States District Court for the Southern District of New York.

STAR OF THE MONTH - Derick Adu-Gyamfi Esq.

The Annual Labour Law Conference

The unanimous decision of the Court of Appeal in the voice of the experienced Angela Homiah-Mensah J.A. displays the procedure and principles undergirding a less travelled corner of Ghana's civil procedure and litigation and powers of the Court under section 75 of the Courts Act, 1993 Act 459 and Order 70 of C.I 47.

The case gives some exposure to lawyers and judges on the powers of an examiner and the rights of witnesses who are to be examined on oath with testimony obtained from such witnesses dispatched to a foreign Court to assist in the trial of a matter far removed from the Ghanaian Court.

Supreme Court gets a bite

The Supreme Court whose pronouncement offers overweening gravitas as per the force of judicial decisions in the hierarchy of Ghanaian Courts had an auspicious brush with the matter on the 26th day of May, 2026 in the case of Kimathi Kuenyehia vrs. Activa Intl Insurance Company (Ghana) Limited Suit No. J8/186/26.

The Supreme Court was moved, yet again, by Activa International through their lawyers, Minkah-Premo & Partners led by Eugene Wiredu though unsuccessful yet again at dislodging the grant of the motion of Mr. Kuenyehia. The Supreme Court whose President on the said day and panel was Justice Pwamang informed the parties of the intention of the Court to offer some clarity through their full reasons to legal principles involved in the matter.

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