AKUNU FAMILY OF GBI-BLA(REPRESENTED BY GREGORY KORKU SUNU) vs HOHOE E. P. SECONDARY SCHOOL

This case involves an application by the defendant, E.P. Secondary School (the applicant), seeking leave of the Court to amend their statement of defence. The plaintiff/respondent had sued the school claiming to be one of the donors who gave land to the school and sought recognition and compensation. Initially, the school admitted this claim in their statement of defence, though contending it was an irrevocable gift. However, upon further scrutiny of documents by the current headmaster, particularly a document titled 'ACQUISITION OF THE LAND IN VOLTA REGION', it was discovered that the plaintiff's family was not among the original grantors of the land. The applicant alleged fraud, claiming the former headmaster was deceived into making the admission. The respondent opposed the application, arguing that the amendment would offend the rule against departure from pleadings and that parties are bound by their pleadings. Justice Joan Eyi King, after considering the submissions of both parties and relevant case law, granted leave to the applicant to amend their statement of defence. The Court held that the purpose of amendment is to enable the court to determine the real questions in controversy between the parties. Since evidence had not yet been adduced, the amendment would not contradict evidence already given and would bring pleadings in line with evidence yet to be led. The Court also granted leave to the respondent to amend their Reply and Witness Statements if any.