Customer Support

SHIRLSTAR CONTAINER TRANSPORT LTD.
V.
ASHANTI GOLDFIELDS CORPORATION

(1992) JELR 84579 (HC)

High Court 19 Oct 1992 Ghana
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Judges:ARYEETEY J.
Counsel:E.S. Aidoo for the plaintiff-applicants. Ansere for Stanley Amarteifio for the defendant-respondents.
Location:Accra
Other Citations:[1992] 1 GLR 566 - 569

JUDGEMENT

ARYEETEY J.

The main issue to be tackled in this ruling is whether or not the court has power to grant amendment after judgment. The basis of the application is as presented in paragraphs (6)-(12) of the supporting affidavit which read:

"(6) That in the judgment of the court read last Friday, i.e. on 19 June 1992, his lordship the judge stated clearly that he had not considered the issue on the plaintiff's claim for special damages because the plaintiff had not indorsed that on the writ.

(7) That nevertheless during the trial both the plaintiff and the first defendant led evidence on the claim which was admitted.

(8) That in the circumstances, especially because the simple indorsement on the writ was enlarged and explained by paragraphs (12) and (13) of the statement of claim, it seems that if his lordship does not review his decision then the way for the plaintiff to get the compensation it deserves is to commence a fresh action to claim for undoubted damages.

(9) That it is my u…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.