EDC STOCKBROKERS LIMITED VS BEIGE CAPITAL LIMITED
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN BOAKYE-AGYEI MRS
Areas of Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for amendment of a legal process. The court, after considering Order 16 and Order 1(2) of CI 47, decided to grant the amendment as requested by the Plaintiff's counsel. The court emphasized that amendments can be made at any stage of the proceedings, either with or without leave of court. The amendment was granted subject to a cost of GH₵2000 for the Defendant, with the amended process to be filed by 17/06/16. The court also noted that the Defendant may explore any avenue open to them to bring their issues before the court. The case was adjourned to 08/07/16 at 10am for directions to be taken. The decision underscores the court's commitment to efficient and speedy determination of matters to avoid multiplicity of suits.
BY COURT I have heard what both counsel have said and read all the processes filed.
I havehad due report to or der 16 of CI 47 on amendment.
The court is of the opinion thatthe consent application meet the requisite of Order 16 of CI 47. In any case Order1(2) of C. I 47 mandates the court to ensure that all matters on contrary aredetermined efficiently and speedily to avoid the multiplicity of suits.
In the eventthat Plaintiff counsel had filed the reply as sought to be amended now in the justinstance, any remedy that Defendant /Respondent thinks is applicable to it wouldhave been resorted to lay them.
Amendment can be done within the context of amendment with or without leaveof court at any stage of the proceedings and this instance is one such instance thatan amendment might be sought with leave of court subject to terms. On the contrary of Order 16 and 2(1) of C. I. 47 the application would be granted asprayed subject to cost of GH₵2000 for Defendant.
The amended process should befiled by 17/06/16. Defendant may also explore any avenue open to them to come before the courtwith their issue that ought to be rightly determined.
The matter is at the stagewhere directions will be taken.
Case is adjourned to 08/07/16 at 10am for directions to be taken.
SGD)DOREEN G. BOAKYE-AGYEI (MRS)JUSTICE OF THE HIGH COURT.