KUSI-APPIAH, J.A. :
This is an appeal against the ruling of an Accra High Court (Commercial Division) presided over by Her Ladyship Barbara Ackah-Yensu, Justice of Appeal, sitting as an additional High Court Judge, refusing an application for leave to re-open of case and to amend statement of defence and counterclaim by the defendant.
On the 18th December, 2006 the plaintiff/respondent (hereinafter called the plaintiff) acting through their solicitor issued a writ against the defendant/appellant (hereinafter referred to as defendant) for the following reliefs:-
“(a) recovery of the sum of two hundred and forty eight thousand, one hundred and seven point eight three Euro (€248,107.83) or its equivalent in cedis being the outstanding balance on the loan granted to the defendant by plaintiff at the request of the defendant, which said amount is due and owing to plaintiff and which said amount defendant has failed and/or refused to pay the plaintiff in spite of several and repeated d…