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…

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