[2017]DLCA4811December 19, 2017Court of Appeal

GEORGE LAMPTEY vs. MEKLLOYDS CO. LTD AND THEOPHILUS OHENE POKU

GYAESAYOR, JA This is an interesting appeal against the decision of the High Court Accra dated 13th June 2016 refusing to grant leave to the plaintiff judgment creditor to amend the final judgment. It is interesting because, the appellant is the victor in the trial but not the defendants who lost the case in the court below. The facts of the case are relatively simple. The plaintiff/judgment /creditor/applicant/ appellant with the help of his employers acquired two plots of land at Millennium City Kasoa. In the nature of his work he was transferred to the Volta Region but on a visit to Accra, he went to the land and saw that 2nd defendant had trespassed onto the land and was constructing a structure when all attempts to stop him failed, he took the matter to court. According to the judgment, the 2nd defendant claiming through the 1st defendant did not go to court after filing appearance and did not take part in the ensuing proceedings. The High Court therefore proceeded to hear the...