DN NETWORK LTD (PLAINTIFF) vs. MILLICOM GHANA LTD (DEFENDANT)

This case has had a long history of undue delay. Hearing was started somewhere 14th January, 2015. It has also suffered series of amendments on both sides. The defence has opened and the defendant has in the witness box its last witness. The defendant has filed an application for amendment which has the effect of changing the nature of the defence of the defendant. I have given consideration to order 16 rule 5(1)(b) of CI 47 and the decision in Yeboah vs Bofour [1971] GLR199. It is my considered opinion that the amendment if allowed shall in the first place prejudice the case of the plaintiff as the amendment being sought constitute a surprise if not an ‘ambush’. Again, the amendment will cause undue delay of the case as it will entail the plaintiff amending its reply and calling further evidence to respond to the said amended pleadings. As I have stated earlier, the amendment being sought will entirely change the nature of the case of the defendant. In my view, it will not be just...