JOHN KWAKU OWUSU
V.
FORCE FIVE ENGINEERING GHANA LIMITED

(2017) JELR 63745 (HC)    
High Court  ·  SUIT NO. OCC 183/2015 ·  12 Jun 2017 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE
Core Terms Beta
court
application
amendment
plaintiff
defendant
order
proposed amendment
rule
amendment of pleadings
new case
re ashalley botwe stool lands
ewca civ
good position
leave of the court
okaidja iii
others
such terms
sufficient grounds
superdrug stores plc
supreme court
authority of nii tettey ahinakwah
broad discretion
case of the defendant
cases piece meal
commercial union association
corporation of birmingham
duty of the courts
effective justice
exceptional circumstances
fair hearing
final determination of the case
following cases
following provisions of this rule
gravamen of the applicant
greenwich lbc
grounds of the application
high court civil procedure rules
honourable court
party grant leave
party's pleading
plaintiff's writ
point of law
relevant pleadings
respect of a fact
rules of court
subject matter
traditional approach
trial of the case
utmost respect

RULING

Order 16 rule 5 (1) of the High Court Civil Procedure Rules, 2004 (CI 47) provides:

“5. (1) Subject to Order 4 rules 5 and 6 and to the following provisions of this 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 manner as it may direct.”

Pursuant to Order 16 rule 5 (1) (b) of CI 47 the defendant has filed a motion on notice praying this Honourable Court for leave to amend her statement of defence.

The grounds of the application are contained in the Affidavit in Support filed on the 15th of May, 2017. The gravamen of the applicant’s motion per the affidavit is that the proposed amendment contains relevant pleadings that are crucial to the final determination of the case.

The Plaintiff/Respondent is opposed to the application and has demonstrated the g…

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