DALEX FINANCE & LEASING (PLAINTIFF) vs. EBENEZER D. AMANOR & 2 ORS (DEFENDANTS)

I have read the application for leave to amend the statement of defence filed by the 1st and 2nd defendants. I have also read the affidavits filed by the parties for and against the grant of it. I have given consideration to the written submissions filed by counsel for and against the grant. Thoughtful consideration is given to the rules governing the grant or otherwise of applications of this nature especially order 16 rule 5(1) of C.I.47. In my view, the application filed by the 1st and 2nd defendant ought not to be granted. It is on record that the 2nd defendant’s representative have admitted the liability of the 2nd defendant in the sum claimed by the plaintiff. The matters which the application seeks to introduce, if granted shall allow the 1st and 2nd defendants to change the nature of their case. Again, it shall jeopardize the case of the plaintiff at this stage. It is therefore my view that the injustice that will be occasioned by this amendment, if granted, cannot be adeq.....