JACOB ABOAGYE
V.
SINTEX PACKAGING LTD

(2018) JELR 107891 (HC)

High Court · SUIT NO: GJ/802/2017 · 15 May 2018 · Ghana

CORAM

KWEKU T. ACKAAH-BOAFO

Core Terms ^Beta

application

court

party

counsel

order

statement of defence

instant case

leave of the court

undue delay

accompanying affidavit

amended defence

case of the plaintiff

proposed amendment

amended facts

amendment of a writ

applicant’s solicitors office

attention of counsel

bona fide

cause hardship

common law jurisdictions

correct mistakes

court state

discovery of new material facts

grant leave

honourable court

instant application

law clerk

learned jurist

new material facts

new paragraphs

numbering of the proposed draft

plaintiff’s case

proposed amended defence

relevant period of limitation

said statement of defence

sarkodee j

serious clerical errors

sins of counsel

such terms

supreme court

true state of affairs

RULING Re: AMENDMENT

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 closed and thus, any application for amendment of the statement of defence shall be by leave of the court as the Court previously granted the Plaintiff leave to amend as well.

[3] As it is provided in Order 16 r 5(1) of CI 47, subject to Order 4 rules 5&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 m…

JACOB ABOAGYE V. SINTEX PACKAGING LTD

JACOB ABOAGYE
V.
SINTEX PACKAGING LTD