[2007]DLHC7440December 21, 2007High Court

EDMUND AYITEY LARMIE (PLAINTIFF) vs. STEPHEN CLOTTEY (DEFENDANT)

The claim of the plaintiff against the defendant basically is for ¢399m as money had and received, interest, accounts and exemplary costs. The claim arose out of monies. Plaintiff sent to defendant between 4th August 2001 to 20th December 2004 to construct a house for residential purpose for him. Alleging that the defendant squandered the money which was the cedis equivalent of €43,318.05, the plaintiff said the structure put up by the defendant valued only ¢120million. Defendant denied this claim. At the application for directions stage, the court ordered a valuation of the house. The value placed on the house by the experts is ¢504,454,000.00. In this motion, the plaintiff prayed for leave to amend the writ of summons and the statement of claim. In particular, the plaintiff wants to amend the figure ¢399million endorsed on the writ of summons to read ¢215,862,900 as money had and received. Then in the statement of claim, plaintiff prays for leave to add a paragraph 4(a) to...