BARCLAYS BANK OF GHANA LTD. vs. CONTINENTAL COMMODITIES TRADING CO. LTD & 4 OTHERS

Before me today is a motion on notice filed by the Defendants/Applicants herein (hereinafter, the “Applicants”) seeking leave of the Court to amend their statement of defence pursuant to the High Court (Civil Procedure) Rules, 2004 (C.I 47), Order 16 thereof. In the affidavit accompanying the motion paper are the following grounds on which the Applicants base the need for the requested amendment. It is the claim of the Applicants that the amendment has been necessitated by the fact that after conducting a reconciliation of their accounts, it has come to their notice that they have fully paid the Plaintiff/Respondent (hereinafter, the “Respondent”) all the money owed it and as such they are not indebted to the Respondent. It is further asserted in the affidavit in support of the motion paper that at the time of filing their defence, these facts were unknown to the Applicants as they had not completed the reconciliation of their accounts by that time. For this reason, the...