AKOSUA KONADU NYAME-KUSI & ANOR VS AFUA DWOMOH & 2 ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI (J)
Areas of Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a motion by the defense for leave to amend their pleadings by endorsing a Counter-Claim. The court considered the application under Order 16 of C. I. 47/04 and Rules 5 of Order 16, which allow parties to amend pleadings and writs. However, the court found a fundamental issue with the Statement of Defence, noting that the defense failed to support their reliefs in the counter-claim with proper pleadings or facts. The court emphasized that this was not a matter of form over substance, but a crucial requirement. As a result, the court declined the application, allowing the defense to resubmit properly if they choose. The case was adjourned to January 21, 2020, for a Case Management Conference.
1. I have perused the motion on notice for an order granting leave to amend their pleadings by indorsing a Counter-Claim.
I have heard the submissions in support as well.
The opposition to the application has been heard.
In Order 16 of C. I. 47/04, a party may apply to amend his or her pleadings.
In Rules 5 of Order 16 a Plaintiff may apply to amend his writ and even indorse a fresh cause of action, with the only proviso that such a cause of action must have existed at the time the writ was taken.
However, the pleadings point raised is weighty.
There is something missing in the Statement of Defence which is very fundamental.
This is not a question of paying attention to form over substance.
The defence must back their reliefs as stated in the counter-claim, with pleadings or facts on which they will rely to prove same
2. This Court will decline the application, the defence may come properly if they so desire.
3. The case is adjourned to 21st January, 2020 for Case Management Conference.
SGD)H/L NICHOLAS M. C. ABODAKPIJUSTICE OF THE HIGH COURT.