SONIAG COMPANY LTD
V.
BOND FINANCIAL SAVINGS AND LOANS LTD

(2016) JELR 69500 (HC)    
High Court  ·  SUIT NO.CM/0050/2016 ·  16 Jun 2016 ·  Ghana
CORAM
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Core Terms Beta
defendant
plaintiff
reply
counter claim
defence
particulars
statement of defence
further pleadings
plaintiff’s reply
answer
application
days
affidavit
applicant
application plaintiff
attention of the plaintiff
browne lj
calculated attempt
close of pleadings
controversy
delivery of a reply
discretion
dotse jsc
fore
further particulars
harm
independent action
issues
justice
law
leave of the court
matter of right
nature of an amendment
nature of its defence
opinion
opportunity
order
party
prayer
present action of the defendant
process
purpose
purposes
rule rule
rules of court
statement of claim
supply of those particulars
support of this application
terms of the counter claim

RULING

By this application Plaintiff seeks for leave to file a rejoinder to the Plaintiff’s reply and defence to his counterclaim. In an affidavit in support of this application the deponent has noted that particulars that ought to have been particularized in the statement of claim was not done and was accordingly raised in the statement of defence by drawing the attention of the plaintiff to it. Subsequently in plaintiff’s reply to the statement of defence and a counter claim, plaintiff has supplied those particulars. And that with the supply of those particulars, it thinks that the nature of its defence ought to shift in answer to the particulars now provided.

Defendant has vehemently resisted the application for a number of reasons. One that the application is unwarranted by the rules of court and only a calculated attempt to enable plaintiff substitute a new defence to the statement of defence filed by him and that if particulars had not been provided, defendant could have asked for…

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