EDMUND TORTO (PLAINTIFF) vs. ALICE OFOSUA MILLS AND THE CHIEF REGISTRAR (CIRCUIT COURT, ACCRA) (DEFENDANTS)

The Plaintiff is by this application on notice praying this Honourable Court for leave to amend the title of the Writ of Summons. The stage of the case is that both parties have closed their respective cases. The state the case has reached will be immaterial in an application for leave to amend the title. This was the decision of the Ghana Muslims Representative Council Vrs. Salifu reported in the [1975] 2 GLR 246 Holding 3. It was held among other things that; "The representative capacity of the party should also be stated in the title of both the writ and the statement of claim and not merely in the endorsement of the writ on the body of the pleading. However, where it appeared in the trial in a representative action that the Plaintiff had failed to state the representative capacity of the parties, as in the instant case, the court would give leave even at this late stage to amend either the writ or subsequent pleadings by adding a statement that the Plaintiff was suing on behalf...