FIRST ATLANTIC BANK LTD v. SOLID DEVELOPMENT LTD & ORS

Justice Kweku T. Ackaah-Boafo resolved a motion by the defendants seeking leave to amend their statement of defence in litigation that began with an Original Writ of Summons filed on November 28, 2013. Service was effected on the first defendant via the second defendant, Anthony Kwame Haick, and default judgment was entered by L.L. Mensah J. After leave to enter appearance post-judgment was granted, the court ordered valuations by AESL and SIC and the parties executed Terms of Settlement; execution followed when the defendants defaulted. Following Haick’s death, substitution and an amended writ ensued; the plaintiff bank later purchased attached property at auction conducted by Mayfair Mart (F.N.B. Tagoe). In 2018 the defendants filed a defence alleging fraud and moved to amend to reflect “current events.” The plaintiff opposed, arguing procedural flaws and lack of jurisdiction. Citing Ghana Ports & Harbours Authority v ETS Kabore Issoufou and Yeboa v Bofour, the court held that after entry of judgment and adoption of Terms of Settlement as consent judgment, no suit remained pending for pleadings to be amended, and dismissed the application, noting such issues must be pursued in a fresh suit.