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KWAME OWUSU ANIM & ANOR
V.
HAYFORD SIAW & ANOR

(2024) JELR 112433 (CA)

Court of Appeal 8 Feb 2024 Ghana
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- This is an interlocutory appeal against a ruling of the High Court in favor of the Plaintiff/Respondent. - The Defendants/Appellants argue that the trial judge improperly granted the Plaintiffs/Respondents leave to amend their Writ and st

Case Details

Suit Number:H1/136/2023
Judges:HENRY KWOFIE (MR.) J.S.C (PRESIDING) SOPHIA ROSETTA BERNASKO ESSAH (MRS.) J.A. KWEKU ACKAAH-BOAFO (MR.) J.A
Counsel:PAPA KOFI PINTOH – GYEBI FOR DEFENDANTS/APPELLANTS. MIKE KYERE FOR PLAINTIFFS/RESPONDENTS.
Location:Accra

J U D G M E N T

This is an interlocutory appeal at the instance of the Defendants/Appellants against a ruling of the High Court dated 11th January 2021, and rendered in favour of the Plaintiff/Respondent. 

The grounds of appeal are as follows:

  1. That the learned trial judge in granting the Plaintiffs/Respondents leave to amend their Writ and statement of claim exercised his discretion improperly as he failed to take into account the fact that the proposed amendments were an afterthought seeking to change the Plaintiffs/Respondents case to circumvent the difficulties they encountered in their application for interlocutory injunction which said difficulties led to the refusal of the said application.
  2. The learned trial judge in granting the Plaintiffs/Respondents’ application for amendment exercised his discretion improperly as he failed to take into account the fact that the proposed amendment was prejudicial to the case of Defendant/Appellant.  

The Defendants/Appellants shall in this deliver…

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