STEPHEN NANA AMPONSAH vs. KOFI OPOKU ASANTE

The defendant in this present application is requesting this Court to strike out the pleadings in paragraphs 8 and 9 of the plaintiff’s reply to the defendant’s Statement of Defense because the defendant believes that the plaintiff by those two paragraphs has departed from his original case or claims and is rather setting up a new claim against the defendant. The defendant says that the fact that the plaintiff had a previous name is inconsistent with the plaintiff’s statement of claim and to the extent of the inconsistency, paragraph 8 of the plaintiff’s reply ought to be struck out on grounds of departure. The defendant further claims that in paragraph 9 of the plaintiff’s reply, the plaintiff is making an allegation of malice against the defendant and that this allegation is inconsistent with the pleadings set out in the Statement of Claim and therefore paragraph 9 of the reply should also be struck out on the grounds of departure. The plaintiff, in his response, has o...