Customer Support

BEDSTUY
V.
PHOENIX POWER

(2018) JELR 107875 (HC)

High Court 10 May 2018 Ghana
BriefBot icon

BriefBot Summary

Free

- The court held that a registered business name under the Registration of Business Names Act, 1962 (Act 151) does not have separate legal personality and cannot sue or be sued; the proper party is the individual or company operating under

Case Details

Suit Number:SUIT NO: GJ/872/2016
Judges:KWEKU T. ACKAAH-BOAFO
Counsel:Nana Agyei Baffour Awuah for the Plaintiff/Applicant; Mr. Bobby Banson with Ama Asare Korang for the Defendant/Applicant.

RULING

ACKAAH-BOAFO, J.

Introduction:  

[1] Traditionally, an application for an amendment of a writ or a pleading may be made at any  stage of the proceedings. A party may, without leave of the court, amend his/her writ at any time  before the pleadings are closed. It follows, therefore, that when pleadings are closed any party shall amend only with the leave of the court.  

[2] In this instant case, pleadings have long closed and thus, any application for amendment  of the statement of claim and writ of summons shall be by leave of the court as the Court.  

[3] As it is provided in Order 16 r 5(1) of CI 47, subject to Order 4 rules 5 and 6 and other  provisions of the rule, the court may at any stage of the proceedings, upon an application by the  Plaintiff or any other party, grant leave to: 

 (a) the Plaintiff to amend the Plaintiff’s writ; or 

 (b) any party to amend the party’s pleading; 

on such terms as to costs or otherwise as may be just and in such manner as it may direct.  

[4]

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.