Ratio DecidendiRatio Decidendi



SALIMY JUNO ABENA TARICONE
V.
BANK OF GHANA & ANOR.

(2020) JELR 107428 (HC)    
High Court  ·  HR/056/2019 ·  17 Mar 2020 ·  Ghana
CORAM
NICHOLAS M. C. ABODAKPI

Ratio Decidendi

Core Terms Beta
applicant
order
application
reliefs
rule
supplementary affidavit
pleadings
procedure
writ of summons
action
case
cause of action
freedoms
high court
originating application
person
prejudice
response
step
action set
applicant purport
citation of order
civil procedure rule
dispute
element of surprise
form
formal application
form of a formal application
fresh averments
fundamental human rights
human right adjudication
human right disputes
interest of substantial justice
irresistible presumption
jurisdiction of the high court
justice
matters
number of reliefs
opinion of sophia akuffo
proper application of the rules of procedure
redress
such contention
supporting affidavit
supreme court
surprise
title of the action
w.a.e.c
way of an application
way of a writ of summons

RULING

ABODAKPI, J.

This Ruling is about an objection taken to a supplementary affidavit filed by Applicant.

The application has been made under Order 11 Rule 18(1) (d) of C.I. 47/04.

The supporting affidavit showed that, on 24/04/2019, applicant initiated this action by taking an originating application from the Registry of this court for a number of Reliefs.

And in response to an affidavit filed in answer and after written submissions have been filed and the action set for hearing, applicant purport to file a supplementary affidavit in support, without leave.

Secondly, it has been contended that, there is an amendment introduced by Applicant in the supplementary affidavit, making changes in the Reliefs sought and that, this cannot be done without leave and in the form in which the Applicant is seeking to effect an amendment.

In response, the affidavit of Applicant/Respondent showed the following:

a. That, what is being complained about does not constitute a surprise and no s…

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