1. The issue to resolve in this appeal is whether or not the trial judge exercised his discretion properly when he heard the defendant/appellant’s motion for leave to amend the statement of defence which was later in time to the plaintiff/appellant’s motion for judgment on admission.
2. In the suit itself the plaintiff/appellant (hereinafter referred to as plaintiff) sued for a declaration of title to a piece of land situate and lying at Dome Pillar 2 Transformer Junction, an order for specific performance, perpetual injunction, recovery of possession and costs. In the accompanying statement of claim, plaintiff pleaded at paragraph 4 that:
“Plaintiff avers that it was a term of the sale and purchase agreement he entered into with defendant that he was to pay GH¢40,000.00 to defendant whilst the remaining balance of GH¢30,000.00 “shall be paid after the transfer” of the necessary land documents”.
3. The subsequent paragraphs in the statement of claim state that despite th…