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

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their view the lottery and gaming industry had been reserved for only Ghanaian citizens by the GIPC Act, 1994 which was repealed by the 2013 Act.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…