ROSE KWAKYE v. KWAKU DAFFOUR ANYAN AND RICHARD KOFI AWUAH KWAKYE

This is an application for an order of the Court to amend the Plaintiff’s reliefs and

Statement of Claim.

I have read the application, the supporting affidavit and supplementary affidavit in

support of the application. I have also read the affidavit in opposition. I have also

given consideration to the written submissions filed by counsel for and against the

grant or otherwise of the application. I am of the considered view that the issues which

this court has been called upon to determine are:

1. Whether or not the Plaintiff’s application is competent?

2. Whether or not the Plaintiff’s amendment should be granted?

I intend to resolve the first issue that is “Whether or not the Plaintiff’s application is

competent”?

In doing so reference shall be made to Order 16 Rule 5 of the High Court Civil

Procedure Rules, C.I. 47 which provides that:

(1) “Subject to order 4 rules 5 & 6 and to the following provisions of this rule, the court

may at any stage of the proceedings upon an application by the plaintiff or any other

party grant leave to

(a) the plaintiff to amend the plaintiff’s writ, or

(b) any party to amend the party’s pleading on such terms as to costs or otherwise as

may be just and in such manner as it may direct”.

Reference shall also be made to Order 16 Rule 11 of C.I. 47 which provides as follows:

(1) An application for leave to amend a writ or a pleading shall be made on notice to

all the other parties to the action.

(2) The application shall specify precisely the nature of the amendment intended to be

made.

There is no doubt that the present application has been brought by the Plaintiff

without indicating what she is seeking leave of the court to amend. The question to be

answered then is does the failure of the Plaintiff to indicate what she is seeking leave

to amend, make her application incompetent?

It is my view that the failure of the Plaintiff to indicate that she is seeking leave to

amend her Writ of Summons and Statement of Claim does not make her application

incompetent because in any case, the Plaintiff cannot amend her Writ of Summons

and Statement of Case without first bringing an application before the court hence the

reason for bringing this application. In my opinion once the Plaintiff is before the court

seeking to amend her Writ of Summons and Statement of Claim, the application is

competent whether or not the word leave is indicated in the application.

Having found the Plaintiff’s application c