DANSOMAN SDA CO-OPERATIVE CREDIT UNION v. ABIGAIL OFOSU DWAMENA AND JOHN AGGREY

RULING: PRELIMINARY LEGAL OBJECTION

Background:

The Plaintiff a non-Banking Financial Institution, issued a Writ of Summons and

a Statement of Claim against the Defendants herein on the 24/3/2023 for the

following reliefs;

(a) An Order for the Recovery of the sum of Ghc249, 220.00 from the

Defendant as outstanding indebtedness from a loan 1st Defendant

contracted from Plaintiff.

(b) Costs.

On the 21/4/23, the Defendants entered Conditional Appearance through their

Lawyer who filed the Notice of Entry of Conditional Appearance and on the

4/7/23, the Plaintiff procured the services of a Lawyer who filed a Notice of

Appointment of Solicitor pursuant to Order 75 Rule 3(1) of C. I. 47. On 11/7/23, Plaintiff filed a Motion on Notice for leave to amend Plaintiff’s Writ of Summons

and Statement of Claim pursuant to Order 16 of C. I. 47, however before the

Motion could be heard, Counsel for the Defendants raised a Preliminary legal

objection.

Submissions of Counsel for the Defendants

Counsel argued that per Order 16 Rule 1, a Plaintiff may without the leave of

court amend the Writ once at any time before pleadings are closed yet Counsel

for the Plaintiff is before the Court seeking leave of this honourable court to

amend the writ of summons and statement of claim when pleadings are yet to be

closed. The second ground of Counsel’s argument is that Order 20 Rule 14

requires a party who files a Motion with an Affidavit in Support to attach the

Certificate of Exhibits but same was not done and to that extent the Motion

offends the rules of this honourable court. Hence her prayer that the instant

Motion should be dismissed without going into the merits of the case.

Submissions of Counsel for the Plaintiff

Counsel for the Plaintiffs submitted that the Preliminary Legal Objection raised

by Counsel for the Defendants unfounded because if the Defendants say that

pleadings have not closed, then there is a problem because the Writ in question

was filed on 24/3/2023 and the Defendants entered Conditional Appearance on

21/4/2023 but vanished, as such Pleadings have closed per the timelines. He

continued that assuming without admitting that Pleadings have not closed, the

Rules of this honourable court gives way for an amendment with leave or

without leave before the pleadings closed and have elected to seek leave before

any amendment is done. Thus, the ground of objection is unfound. On the 2nd ground of objection under Order 20 Rule 14(3), Cou