JACOB ABOAGYE
V.
SINTEX PACKAGING LTD
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…