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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

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.

RULING