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February 21, 2023
HIGH COURT
GHANA
CORAM
Counsel for Defendant/Applicant: My Lady, we have an application to amend our defence filed on 2nd November, 2022. We move in terms of the motion paper and the supporting affidavits. We also make reference to the attached exhibits. The Respondent’s defence is that the plaintiff misused the vehicle. We are praying for this amendment to plead two other instances where the Plaintiff brought the vehicle for accident repairs. This amendment is not to change our defence but only to give the Court the full facts of the case in order to make a determination of the matter. The proposed changes are highlighted at paragraph 6, 7, 8 & 13 of the proposed amended settlement. We rely on the authorities of Yeboah v. Bofour [1971] 2 GLR 199 & Agbosu v. Kotey [2003-2005] 1 GLR 685.
Counsel for Plaintiff/Respondent: My Lady, we are opposed to the proposed amendment. We will rely on our affidavit in opposition filed on 22nd day of November 2022. In summary, we say that this proposed amendment of the defence of the Defendant is an afterthought and the Defendant in all its submissions had not canvassed to this Court whether the information they seek to add to their defence at this time was either in their possession or it was after due diligence that they have laid hands on. This information they seek to add to their defence has been in their custody but they refuse to plead them in their defence and it was only after we have attempted settlement on several occasions and has not been successful that they are seeking to bring such information which we suspect that it has been tempered with because they are the only custodian of that information. It is our prayer that the amendment would change their defence substantially and it would affect our case. So we pray that it should be dismissed and cost awarded against them.
RULING
The Court would allow the amendment. Arguments by Counsel for Plaintiff/Respondent in this opposition are all based on suspicions. Counsel for Defendant/Applicant has seven (7) days to amend their statement of defence and serve same on the Plaintiff/Respondent. Costs of GHC3,000.00 awarded in favour of Plaintiff/Respondent against the Defendant/Applicant.
(SGD)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
(JUSTICE OF THE HIGH COURT)
R.A.
AI Generated Summary
In an interlocutory ruling by Her Ladyship, Jane Harriet Akweley Quaye (Mrs.), Justice of the High Court, the Court addressed the Defendant/Applicant’s motion to amend its defence filed on 2 November 2022. The Defendant sought to add two instances when the Plaintiff/Respondent brought a vehicle for accident repairs, asserting the amendment would not alter its defence but would furnish the Court with full facts, and referenced proposed paragraph changes and authorities Yeboah v. Bofour and Agbosu v. Kotey. The Plaintiff/Respondent opposed, relying on an affidavit filed on 22 November 2022, and characterized the amendment as an afterthought, suggested the information had long been in the Defendant’s custody and may have been tampered with, and warned it would substantially affect their case. The Court allowed the amendment, finding the opposition rested on suspicions, directed amendment and service within seven days, and awarded costs of GHC 3,000 to the Plaintiff/Respondent.