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JUDGMENT
On the 7th day of June, 2021 the Plaintiffs/Appellants filed a Notice of Appeal against the
Judgment of the District Court, Winneba, which Judgment was delivered on the 26th day
of March 2021 in favour of the Defendants/Respondents against the Plaintiffs/Appellants.
For ease of reference the Plaintiffs/Appellants will also be referred to, as the Appellants
whilst the Defendants/Respondents will also be referred to, as the Respondents.
The Appellants at the court below, then Plaintiffs in their action against the Respondents,
per their Writ sought for the following reliefs:
a) Declaration that the one storey building numbered PK 55/13 sited at Penkye in
Winneba is the property of the female children of the late Aunt Koraima the material
grandmother of the Plaintiffs.
b)Perpetual injunction restraining the Defendants their assigns, workman, agents,
servants or by whoever described from holding themselves as joint owners of house
numbered P.K 55/13 Penkye.
c) An order from his court directed at the Defendants, their assigns, workmen, agents,
servants or by so ever described to stop the student and any other person have placed in
house numbered PK 55/13 Penkye.
However, just before Judgment, the Plaintiffs filed a motion to amend the above
Particulars of Claim with the leave of the court pursuant ORDER 19 RULE 1 OF (1)(A)
OF THE HIGH COURT (CIVIL PROCEDURE) RULES, 2004 (C.I 47) but same was
opposed by the Defendants. According to the Appellant the amendment became
necessary because at the time of issuing the Writ of Summons, the Plaintiffs were not
represented by a Counsel for which reason the reliefs endorsed thereon was improperly
settled. The Plaintiffs therein argued that the amendment was to delete the original reliefs
and replace same with two reliefs which do not in any way depart from the case so far
advanced by the Plaintiffs therein per page 151 of the records. The said two new reliefs
to replace the original reliefs were thus:
a. Declaration that the one storey building numbered PK 55/13 sited at Penkye in
Winneba is the property of the late Obaapanyin Efua Yaabe , the direct ancestress of
Plaintiffs
b. Perpetual injunction restraining the Defendants, their agents workmen, agents,
servants or by whoever described, from holding themselves as joint owners of house
numbered PK 55/13
As rightly argued for and in support of the Plaintiff therein, amendment can be allowed
no matter how late if it will help determine the is