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FIRST ATLANTIC BANK LTD v. SOLID DEVELOPMENT LTD & ORS

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The case revolves around a dispute where the original writ of summons led to a default judgment. Subsequent motions and terms of settlement were executed, and the plaintiff purchased the defendant's property at an auction. The defendants later alleged fraud and sought to amend their statement of defense, which the court dismissed. The court upheld that amendments to pleadings could be made at any stage, provided it does not prejudice, surprise, or ambush the other party. The court dismissed the motion, asserting that the main issue was resolved with the terms of the settlement and that any new issues including fraud must be ventilated in a fresh suit.

MOTION ON NOTICE FOR AMENDMENT