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MARY AFRIFA YEBOAH
V.
COUNTY HOSPITAL & ANOR

(2024) JELR 112499 (CA)

Court of Appeal 25 Jan 2024 Ghana
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- This is an interlocutory appeal from a ruling of the High Court granting the Plaintiff/Respondent's application to amend her writ of summons, statement of claim, and witness statement. - The Defendants/Appellants have appealed the ruling

Case Details

Suit Number:CIVIL APPEAL NO: H1/024/2024
Judges:Y. ASARE DARKO, J.S.C. (PRESIDING) G. S. SUURBAAREH, J.A P.K. BAIDEN, J.A
Counsel:KWASI AFRIFA FOR THE DEFENDANTS/APPELLANT DENNIS OPPONG WIAFE FOR THE PLAINTIFF/RESPONDENT

JUDGMENT

SUURBAAREH, JA: This is an interlocutory appeal from the ruling of the High Court,Kumasi dated 13 October, 2022, in which the trial Court granted the Plaintiff/Respondent’s application to amend her writ of summons, statement of claim and witness statement. Dissatisfied with the ruling, the Defendants/Appellants, have mounted the instant appeal against it on as many as seven (7) grounds of appeal, which are as follows:

“a.  the ruling disregarded fundamental legal principles which mandated the dismissal of the application thereby occasioning a substantial miscarriage of justice to the Defendants/Appellants.

b. The conclusion of the Honorable Court that the deponent to the affidavit is the same as theplaintiff, cannot be supported in fact and in law.

c. The conclusion by the Court that the Defendants/Appellants were not opposed to the substance of the application but were concerned about the procedure cannot be supported in law.

d. The conclusions by the Honorable Court thatthe prop…

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