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JOHN KWAKU OWUSU
V.
FORCE FIVE ENGINEERING GHANA LIMITED

(2017) JELR 63745 (HC)

High Court 12 Jun 2017 Ghana
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- The defendant has filed a motion to amend her statement of defense in accordance with Order 16 rule 5 (1) (b) of the High Court Civil Procedure Rules. - The plaintiff opposes the application, arguing that the proposed amendment seeks to c

Case Details

Suit Number:SUIT NO. OCC 183/2015
Judges:DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE
Counsel:SAEED KOFI SAM FOR THE PLAINTIFF; DR. ERNEST OWUSU DAPAAH FOR THE DEFENDANT CO.

RULING

OSEI-HWERE, J.

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 demo…

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