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High Court exercises its jurisdiction to revisit its earlier written judgment (prior to the perfecting of any order) in light of subsequent matters brought to the court's attention (by the consent of both parties' counsel), to the effect that there was an error in the judgment in that the court wrongly contended that it could not consider certain 'de bene esse' evidence in light of the fact that at hearing no submissions had been made concerning its admissibility. The true position was that the plaintiff's counsel consented to the evidence being so admitted; however notwithstanding, the court fails to accept the veracity of such hearsay evidence (of alleged intimidation by the plaintiff of the deceased), and therefore makes no changes to the proposed orders made in its written judgment.
Addendum judgment - issue relating to paragraph 50 of principle judgment - material put to plaintiff on cross-examination concerning occasions it was alleged he sought to intimidate the deceased - evidence heard on a de bene esse basis - evidence not recounted in judgment - no regard had to it where court was not addressed on the admissibility of such evidence - counsel subsequently addressed court following handing down of judgment - court informed by counsel for defendant that submissions on admissibility not necessary in circumstances where the plaintiff's counsel consented to the evidence's admission - no contemporaneous note - appropriate to revisit judgment in light of evidence of what was allegedly said to witness by her mother - order not yet perfected - strong reasons to revisit judgment - evidence concerning alleged intimidation of deceased by plaintiff - hearsay evidence strenuously denied by plaintiff - cannot make a finding that incident occurred based on hearsay evidence - no pattern of intimidation established - deceased said nothing about incident at a subsequent meeting - alleged incident insufficient to justify deceased in expelling plaintiff from family farm - court will not interfere with any of the orders proposed to be made.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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