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GANDAA
V.
GANDAA AND OTHERS

(1988) JELR 82093 (HC)

High Court 18 Jul 1988 Ghana
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- Held: Plaintiff’s failure to amend and serve the writ to effect a joinder order meant co-defendants were not yet parties and had no pleadings to amend; responsibility to amend rests with the plaintiff as writ issuer, but extension of time

Case Details

Judges:BENIN J.
Counsel:T. Codjoe for the plaintiff. M. Mumuni for the defendants.
Location:Tamale
Other Citations:[1989-90] 2 GLR 58-63

BENIN J.

These are two applications before the court both of which are seeking to amend portions of the pleadings. The first one was put in by the co-defendants, and the second by the plaintiff. The brief facts of this part-heard case are the following: The plaintiff, as the customary successor and administrator of the estate of the late S W D Gandaa, sued the defendant, an elder of the Gandaa family, who is also a chief, on the principal contention that the latter was interfering with his management of the deceased's estate. The children and wife of the deceased were, on their own application, joined to the suit as the first to seventh and eighth co-defendants respectively. It appears from the case docket that since being joined to the suit no pleadings were filed on behalf of the co-defendants. If I understood their counsel rightly, the statement of defence adequately covered the children (the first seven co-defendants) herein. The amendment thus sought was just to restate their posi…

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