[2018]DLHC7190 • November 27, 2018 • High Court
BIG BOYS CO. LTD. (PLAINTIFF) vs. ACCESS BANK (DEFENDANT)
This is an Application for leave to amend the Statement of Defence and Counterclaim. I have read the application and the affidavits filed by the parties in support and in opposition. I have also given consideration to the written submissions filed by both Counsel. Regard has also been given to the principles governing the grant on otherwise of applications of this nature. It is my considered opinion that the amendment which the Defendant/Applicant is seeking to make or introduce, shall assist the Court to determine all the issues in the matter. Again, the amendment will not be a surprise to the Plaintiff neither is the said amendment raising new matters that will result in a change of the Defendant’s case. On the authority of Court of Appeal’s decision in Yeboah v Bofour [1971] 2 GLR 199, the application is granted. Leave is accordingly given to the Defendant to amend the Statement of Defence and Counterclaim within 7 days. Costs of GH¢1,000.00 is awarded against D...