ANGLOGOLD ASHANTI LIMITED vs. G. NATIONAL LABOUR COMMISSION APPIAH-ADJEI BOATENG AND THOMAS OBENG

This Ruling is in respect of an application for leave to amend the Co-Defendants/ Applicants’ Statement of Defence and Counterclaim under Order 16 Rule 5 of CI 47. The main ground for the application as stated in paragraph 4 of the affidavit in support is to bring the pleadings in line with the evidence so far led. According to the Applicants this will enable them to respond to evidence that has already been led. They claim that the Plaintiff/Respondent has given evidence to the extent that the Co-Defendants were employees of MBC who are being managed by the AGC on behalf of MBC. They are, therefore, not employees of AGC. The Applicants are saying that this evidence of the Respondent is not true. They claim they are employees of AGC and that it is no true that they are being managed by AGC on behalf of MBC. They are as a result seeking leave of the court to amend their Statement of Defence and Counterclaim to bring it in line with the evidence already led. The Plaintiff/Respondent.....