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EMMANUEL MANU ASOMOAH
V.
IGNOZIO MESSINA & CO. & ANOR

(2004) JELR 68758 (CA)

Court of Appeal 28 May 2004 Ghana
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- Plaintiff, owner and indorsee of cargo (including a Grand Cherokee Jeep) shipped via Defendants' vessel under a Bill of Lading, alleged breach of contract and negligence when the cargo was discharged at Tema, Ghana (where it was seized by

Case Details

Suit Number:CIVIL APPEAL NO: H1/69/2004
Judges:ARYEETEY JA, ANINAKWAH JA, QUAYE JA

ANINAKWAH, JA

On 20th June, 2002, the High Court, Accra, granted leave to the Plaintiff/Respondent (hereinafter referred to as Plaintiff) to amend his statement of claim.

Aggrieved by the ruling, the Defendants/Appellants (hereinafter referred to as Defendants) have appealed to this Court on the following grounds.

(1) The learned High Court Judge failed to fully appreciate the law and principle which govern the right of a party to amend its pleadings in an action.

(2) The learned High Court Judge failed to avert her mind to the facts as placed before her by the Defendants, which showed that the plaintiffs proposed amendments constitute an attempt to change the fundamental basis and nature of his case after delivery of Defence.

(3) The learned Judge also failed to appreciate the fact that the amendments being sought by the plaintiff were made in direct reaction to factual answers already pleaded by Defendants in their reply to plaintiff's averments in his statement of claim and thus ought n…

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