AKUNU FAMILY OF GBI-BLA(REPRESENTED BY GREGORY KORKU SUNU) vs HOHOE E. P. SECONDARY SCHOOL
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court considered whether the defendant/applicant could amend their statement of defense after initially admitting the respondent's claim. The applicant argued that new evidence showed the respondent was not a donor of the land, a claim initially admitted based on a fraudulent document. The court evaluated the procedural rules under Order 16 and Order 11 of CI 47 and determined that the applicant's amendment was necessary to address the real issues in controversy and avoid multiplicity of suits. The court ruled to grant leave for the amendment of the defense and allowed the respondents to amend their Reply and Witness Statements accordingly.
This is an application for and on behalf of the defendant/applicant hereinafter referred to as applicant praying the Court for an order granting leave to the applicant to amend the statement of defence.
I shall quote the relevant paragraphs as follows: 4. That upon service of the writ of summons together with the statement of claim, the applicant entered appearance and statement of defence through their lawyer.
5. That the thrust of the respondent’s case is that they were one of the donors that gave out land to the applicant and therefore entitled to recognition and compensation as done to the others by the defendant.
6. Upon documents obtained at the time the applicant instructed its lawyer, it admitted the position claimed by the plaintiff even though it contended that it was an irrevocable gift.
7. That a further scrutiny of the document revealed that the then Headmaster who admitted the grant was deceived.
8. That I attach the original document concerning the grantors of the land.
9. That the acknowledgement was due to fraud perpetuated on the applicant.
PARTICULARS OF FRAUD a. Intentionally and falsely representing that the family was one of the grantors of land to the defendant.
10. That in view of this discovery, it has become necessary that the true position of the real donors be settled.
11. That I attach herewith the proposed amendment.
The plaintiff/respondent hereinafter referred to as respondent opposed the application.
I shall quote the relevant paragraphs as follows: 2. I sued the defendant/applicant claiming the reliefs endorsed herein.
5. I have been advised by my lawyer and verily believe same to be true that parties are bound by their respective pleadings and the amendment the defendants are seeking to effect offends the said rule.
6. I have been further advised by my lawyer and I again believe same to be true that though parties are allowed to amend their respective pleadings such amendments have their limits and the kind of amendment applicant is seeking does not fall under any of the amendments allowed.
8. I deny paragraph 7 of the affidavit in support and state that the two documents attached by the defendant/applicant to their affidavit in support have at all material time been available to the defendants and they could not have instructed their lawyer differently.
As such plaintiff has attached one of those documents to his witness statement which has already been served on the defendant/applicant as an exh