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June 14, 2016
HIGH COURT
GHANA
CORAM
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.
AI Generated Summary
In a brief procedural order of the Ghana High Court, Justice Doreen Boakye-Agyei considered a consent application to amend the Plaintiff’s reply while the matter stood at the directions stage. After hearing counsel and reviewing the filed processes, the court grounded its decision in the High Court (Civil Procedure) Rules, C.I. 47. It found that the consent application met the requirements of Order 16, and emphasized under Order 1(2) the court’s duty to ensure efficient and speedy determination and to avoid multiplicity of suits. The court reiterated that amendments can be made at any stage, with or without leave, subject to terms, and granted the application with a condition that the Defendant pay costs of GH₵2000. It directed the filing of the amended process by 17/06/16 and adjourned for directions, noting the Defendant could pursue available procedural avenues.