Customer Support

AUGUSTINA DANKWAH AND OTHERS
V.
EXPRESS LINK MICRO FIN. & ANOR

(2017) JELR 67342 (HC)

High Court 6 Jun 2017 Ghana
BriefBot icon

BriefBot Summary

Free

- The High Court held that defendants are not estopped from seeking leave to amend pleadings solely because they answered “No” to amending on the pre-trial checklist; CI 87 does not amend or restrict the discretion under Order 16 rule 5(1)(

Case Details

Suit Number:SUIT NO. BFS 261/2015
Judges:DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE
Counsel:DANIEL SEKYERE FOR THE DEFENDANTS/APPLICANTS,NANA KWASI BOATEY FOR THE PLAINTIFFS/RESPONDENTS

RULING

OSEI-HWERE J.

This is a motion on notice praying this Honourable Court for leave to amend the statement of defence of the defendants pursuant to Order 16 rule 5 of the High Court (Civil Procedure) Rules, 2004 (CI 47).

The Defendants/Applicants have filed the instant application and the grounds of the application are contained in the Affidavit in Support filed on the 19th of April, 2017. The gravamen of the applicants’ motion per the affidavit is that the proposed amendment contains relevant pleadings that are crucial to the final determination of the case.

The Plaintiffs/Respondents are opposed to the application and have demonstrated the grounds in an affidavit in opposition filed on 11th of May, 2017. The import of the Respondents’ opposition is among other things that the amendment seeks to change the case of the defendants and that the move will further embarrass the trial of the case considering the stage which the case has reached.

Counsel for the applicants moved the motion i…

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 77,000 cases, recent judgments, statutes, and rules of court.