RULING ON MOTION TO STRIKE OUT WRIT OF SUMMONS AND STATEMENTOF CLAIM
The Court has considered the submissions of both counsel on this application and has also read the cases cited by both counsel in their submission.
The court has also perused all the affidavits filed by both parties and the court is of the opinion that the failure of the plaintiff to seek the leave of this court before amending his writ of summons and statement of claim should not be regarded as an irregularity that renders the amended processes a nullity.
The court will exercise its discretion under order 81 rule 1 of C. I 47 and allow the amended processes to stand subject to cost of GH¢1, 000. 00 against the plaintiff in favour of the defendant/applicant.
The request of the defendant/applicant to strike out the plaintiff’s writ of summons and statement of claim is refused.
The case is to take its normal course.
(SGD. )JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT.
