IVY AKUSUAL LAMPTEY vs. MOHAMMED ODARTEY LAMPTEY

This ruling is in respect of an application for leave to amend petition under Order 65 R 11 filed on 13th February, 2009. According to the petitioner, she filed a petition against the respondent on 30th January, 2008. In the said petition, she did not plead certain facts that would assist both parties and the court in the adjudication of the case. This was because at the time she filed her petition, she was not in the best of health, so she was not in the position to remember all facts which should have been pleaded. According to her, the intended amendments have been brought in good faith and will assist the court in the fair trial of the case. So the application should be granted. The respondent opposed the application in an Affidavit in opposition filed on 25th February, 2009. According to him, the application is dishonestly brought and the court should not grant such application. This is because the petitioner averred in her petition that she was married to the responde...