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CAL MERCHANT BANK
V.
FRED OWARE

(2021) JELR 112230 (CA)

Court of Appeal 27 May 2021 Ghana
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- Plaintiff, a banking company, sued the defendant for refund of c67,032,000 paid as part-rent for premises the defendant allegedly could not deliver possession of; after suit commenced, plaintiff moved to amend its pleadings alleging that,

Case Details

Suit Number:H1/27/66/2020
Judges:DENNIS D. ADJEI, JA (PRESIDING) P. BRIGHT MENSAH, JA JENNIFER DOUDO, JA
Location:Accra

RULING

  BRIGHT MENSAH JA:

The High Court, Accra on the 30th day of April 2008 delivered a ruling refusing an application by the plaintiff/appellant herein for an amendment to its writ and statement of claim.  Aggrieved by, and being dissatisfied with the ruling, the plaintiff/appellant has launched the instant appeal urging on this court to reverse the decision of the lower court and further to grant it leave to amend the writ and statement of claim on the grounds that:

  1. The ruling is against the weight of evidence.

  2. The learned trial judge erred when she refused to grant the motion for leave to amend.

  3. The learned trial judge erred when she ruled that the motion for leave to amend had been brought in bad faith.

  4. Further or other grounds will be filed upon the receipt of the record of proceedings.  See: the notice of appeal @ 48 roa.

So far as the records go, no further or additional grounds of appeal have been filed prior to the hearing of this appeal. In considering this appeal, the designati…

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