ABDUL MAJID EL-JAMAL AND ANOTHER
V.
DELFINO ENTERTAINMENT LTD AND ANOTHER

(2017) JELR 65384 (HC)    
High Court  ·  SUIT NO. CM/0046/16 ·  21 Feb 2017 ·  Ghana
CORAM
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Core Terms Beta
defendants
applicants
illegality
plaintiffs
rule
amendment
basis of this action
consideration
ghanaian citizens
order
party
transaction
agreement
applications
capacity of the parties
case of the defendants
change
ci
claim
considered opinion
costs
court of law
days
defence of the opposite party
effect of the amendment
example
fact
fact of illegality of the transaction
facts
fraud
grant
industry
instant application
limitation provision
lottery
matter
nature of the defence of the defendants
opinion
performances
pleadings
principles
provisions of order
release
said application
statement of claim
statement of defence
such fact of illegality
support
view
way of amendment

Order 11 rule 8 (1) (a) provides: “a party shall in any pleading subsequent to a statement of claim plead specifically any matter, for example, performances, release, any limitation provision, fraud, or any fact showing illegality

(a) which a party alleges makes any claim or defence of the opposite party not maintainable.”

In the instant application the defendants/applicants pray for leave to amend the statement of defence in order to plead the fact of illegality of the transaction which forms the basis of this action. It is the case of the defendants/applicants that the plaintiffs were not Ghanaian citizens when they entered into the Agreement with the defendants.

In their view the lottery and gaming industry had been reserved for only Ghanaian citizens by the GIPC Act, 1994 which was repealed by the 2013 Act. The plaintiffs resist the said application. They contend mainly that the effect of the amendment would be a change in the nature of the defence of the defendants.

I have given co…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login