BIG BOYS CO. LTD. VS ACCESS BANK
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON (J)
Areas of Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involved an application by the Defendant for leave to amend the Statement of Defence and Counterclaim, which was granted. Additionally, the Plaintiff requested an order for the joinder of Mr. Ras Tei, which was declined by the court due to the necessity of a formal application for joinder considerations. The court awarded costs of GH¢1,000.00 against the Defendant and emphasized that the proposed amendments would help in determining all issues without surprising the Plaintiff or changing the Defendant's case.
This is an Application for leave to amend the Statement of Defence and Counterclaim.
I have read the application and the affidavits filed by the parties in support and in opposition.
I have also given consideration to the written submissions filed by both Counsel.
Regard has also been given to the principles governing the grant on otherwise of applications of this nature.
It is my considered opinion that the amendment which the Defendant/Applicant is seeking to make or introduce, shall assist the Court to determine all the issues in the matter.
Again, the amendment will not be a surprise to the Plaintiff neither is the said amendment raising new matters that will result in a change of the Defendant’s case.
On the authority of Court of Appeal’s decision in Yeboah v Bofour [1971] 2 GLR 199, the application is granted.
Leave is accordingly given to the Defendant to amend the Statement of Defence and Counterclaim within 7 days.
Costs of GH¢1, 000. 00 is awarded against Defendant.
The Plaintiff had requested for an order of joinder of one Mr. Ras Tei to the Suit.
It is observed that issues regarding joinder are quite distinct and in order to be fair to the parties and said Mr. Ras Tei, it would be proper for a formal application to be filed for the consideration of the Court.
In the circumstance, I decline to make any such order of joinder.
SGD) GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT.