[2013]DLCA8149July 25, 2013Court of Appeal

YUSIF MOHAMMED PER HIS LAWFUL ATTORNEY SULEMANA MOHAMMED vs. ABUBAKARI FATUMA

SAEED KWAKU GYAN, JA: The Plaintiff, by this appeal, seeks an order of the Court of Appeal to reverse the discretionary decision of the High Court, Accra, presided over by K.Amissah-Koomson, J by which the said Court declined the Plaintiff’s application to amend the House number of the property in dispute as originally indorsed in the Writ of Summons, and same recorded in the Judgment of the trial court as far back as 2003. An examination of the record of Appeal reveals that the conduct of the case at the court below took several rather strange twists and turns with the Plaintiff being granted leave, on various occasions, to amend his pleadings, including the indorsement on the Writ of Summons in a Substantial way even after judgment had been delivered in the case on 13/2/2003. A number of Reviews of the Judgment were sought and apparently granted in favour of the Plaintiff. The background to the instant appeal may be briefly outlined as follows: By his Writ of Summons filed o.....