Indeed, Section 105 of the Evidence Act, 1975 (NRCD 323) excepts the reception into evidence, communication emanating from attempts at settlement or mediation, unless the parties do not intend same to be privileged. The Section provides as follows: “A person has a privilege to refuse to disclose and to prevent any other person from disclosing to the tribunal of fact information concerning the furnishing, offering or accepting by such person or his authorised representative of valuable consideration in compromising a claim which was disputed either as to validity or amount and information concerning conduct or statements made as an integral part of such compromise negotiations. A person has no privilege under this section if his, or his authorised representative’s conduct or statements relating to the compromise were made with the intention that they would not be privileged from disclosure to a tribunal of fact.” From our consideration of the objection, we do not think that, the correspondence between the parties are not privileged. We are of the view that, having regard to the serious acrimony between the parties for many years, they desired at anytime to revert to the court should any attempt at settlement fail. Therefore, we do not think that, either party intended their proposal or counter-proposal as the case may be, to be used to prejudice their respective cases should they return to the court.
DANIEL OFORI vs. ECOBANK GHANA LTD [2026] SLR (SC) 76 · Supreme Court · 2026 · AMADU JSC
Read it in the judgment