ELAND INTERNATIONAL CO. LTD vs. NATIONAL INVESTMENT BANK LIMITED , ELAND INTERNATIONAL GHANA LTD

RULING This a ruling on a motion on notice by defendant applicant for leave to amend its counterclaim and third party notice. In moving this motion counsel for the applicant has argued that the amendment intended will not set up a new cause nor add new parties or cause any delay. So far as the applicant is concerned claims in this matter arise from defendants exhibit EITL2 which derives from exhibit EITL1 and that the counterclaim is against Plaintiff as well as the 3rd party. The Plaintiff in opposing this has urged on the court that the basis of the substantive suit is their exhibit EITL1 titled Collateral Management Agreement, which was entered into in 2001 and between the parties to this suit. That plaintiff’s exhibit EITL 2 is an agreement to which neither the Plaintiff or 3rd party is a party to and further to this it is nowhere stated in there that defendant will be indemnified by either Plaintiff or the 3rd party. Counsel plaintiff further refers to the learned E.D Kom in h.....