The instant application seeks an order of this court to amend the statement of defence filed by the defendant in this matter on the 28th day of May 2015. In support of the application is an affidavit.
The main crux of the defendant’s application is that the defendant seeks the leave of the court to enable her amend her statement of defence to enable her plead that she sent about twenty seven emails to the plaintiff in connection with the subject matter of the suit but that the plaintiff on all occasions turned down her request. It appears from paragraph 8 and particularly paragraph 13 of the statement of claim that the emails sought to be pleaded in the present application, has already been pleaded by the defendant.
The said paragraph 13 of the statement of defence states that: 13. In further response to paragraph 19 of the statement of claim, Defendant avers that when Plaintiff arrived in Ghana that she wrote a letter to the Plaintiff requesting for her bank details to enable Defendant refund the said US$97, 000 but Plaintiff refused to accept the letter.
Defendant when personally delivered the letter to Plaintiff’s last daughter.
Incessantly, Defendant fruitlessly sent electronic mails to Plaintiff and her solicitor requesting for the bank details.
The only difference between the existing averment in paragraph 13 and the amendment sought to be effected is that the number of emails, allegedly, sent by the defendant to the plaintiff is not mentioned in paragraph 13. Hence, it is clear that the amendment sought to be effected substantially flows from the existing statement of defence and it is not one that will cause or spring any surprise at all on the plaintiff.
Indeed, Order 16 rule 5(5) of the High Court (Civil Procedure) Rules, 2004, CI.
47 provides that: “(5) An amendment may be allowed under sub rule (2) notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to make the amendment. ”In the opinion of the court therefore, there is virtually no reason to refuse the instant application.
The court will therefore grant the application and order the defendant applicant to amend her statement of defence within a period of 7 days from today.
SGD) SAMUEL K. A. ASIEDU, J(JUSTICE OF THE HIGH COURT).
