Ratio Decidendi



ADJELEY
V.
SOWA AND ANOTHER

(1966) JELR 63959 (HC)    
High Court  ·  21 Nov 1966 ·  Ghana
 · 
Other Citations
[1966] GLR 195
CORAM
EDUSEI J.

Ratio Decidendi

Core Terms Beta
amendments
november
plaintiff
statement of claim
summons
writ of summons
court
agricultural credit bank
amendment
broadway co-operative fishing society
defendants
state boatyard corporation
above reasons
act of their agent
amendment of the statement of claim
bowen l.j.
bramwell j.
brett m.r.
cardinal principle
civil procedure
commercial union association
conduct of their cases
date of judgment
fact
first omission
fishing boat
following substituted therefor
gravamen of the claim
guiding principle
hire-purchase
hire-purchase arrangement
important remarks
kind of error
matters
object of the courts
parties
per cent
per cent interest
plaintiff’s writ
promissory note
proposed amendment
real question
return of the sum
rights of the parties
sake of discipline
such amendments
supreme
view of the fact
views

JUDGMENT

EDUSEI J.

On 17 November 1966 this court gave leave to the plaintiff to amend her writ of summons and statement of claim which were filed together. I now set out to give my reasons for allowing the amendments.

The plaintiff’s writ of summons and the statement of claim were filed on 10 October 1966 and the gravamen of the claim was for the return of the sum of £G12,700 from the defendants on the ground that the consideration had failed. This sum was evidenced by a promissory note dated 2 August 1966. Appearance to the writ of summons was entered by both defendants. On 29 October 1966 the plaintiff filed summons for judgment and the application was fixed for hearing on 9 November 1966. On 3 November 1966 the plaintiff filed an amendment to the writ of summons by adding a claim of eleven per cent interest on the sum claimed. On 8 November 1966 another amendment of the statement of claim was filed setting out in clear terms the position of the first and second defendants.

In granting…

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