ELAND INTERNATIONAL COMPANY LTD vs. PRESTEA SANKOFA GOLD LTD, NATIONAL INVESTMENT BANK

RULING – Motion on Notice for Leave to Amend 1st Defendants Statement of Defence Pursuant To Order 16 of CI47 18/5/16 the 1st defendant applicant herein filed the present application. In moving this motion, counsel for the applicant has made the basic point that this application is meant to align the 1st defendant’s pleadings with its evidence, that it has always been the case of the applicant that the commercial agreement was never executed as a deed, that the 1st defendant comes in good faith, springs no surprise at the plaintiff. Neither will this application work any injustice on the plaintiff’s case or prejudice plaintiff in anyway according to the applicant. In opposing the application the plaintiff counsel argues that the applicant has amended twice already and the present amendment could not have been lost on them in those two earlier amendments. Again in applicant’s pre-trial check list it failed to indicate any likelihood of an amendment. In short plaintiff says th...