LAW TIP
If a party does not challenge or dispute an opponent’s evidence during cross-examination, they are deemed to have accepted it. OWUSU v OWUSU (HI/144/2010) (17 MAR 2011)
Cross-examination is the proper time to confront a witness with your version of the case. OWUSU v OWUSU (HI/144/2010) (17 MAR 2011)
QUOTE FROM JUDGEMENT
“But what credit should be given to these claims by the Appellant, given his failure, during the cross-examination of the Respondent, to confront her with the same and thereby give her the opportunity to react to them? Cross-examination, among other things, affords the party doing the cross-examination the opportunity to put his case across. He does this by putting to his opponent or his opponent’s witness so much of his case as relates to that witness, or by putting to the witness that aspect of his own case in which that witness has any share or interest. Where, for example, the testimony of the plaintiff on an issue is not exactly what the position of the defendant on that issue is, Counsel for the defendant is obliged, by his cross-examination, to indicate how much of the testimony he accepts, and how much of it he disputes or rejects; and he will also put forward what the defendant’s position on the issue is going to be. If, in a situation like this, Counsel for the defendant keeps quiet about the plaintiff’s testimony or fails to ask questions about it, he will be taken to accept the plaintiff’s statement in its entirety” MRS. EVELYN FRIMPOMAA OWUSU V. JAMES OWUSU- CIVIL APPEAL NO. HI/144/2010 17 MAR 2011