AZAMATI FRANCIS vs. GHANA ARMED FORCES AND ATTORNEY GENERAL

The High Court (Civil Procedure) Rules of 2004, C.I 47, provides per order 16 rule 5 sub rule 1 (a) and (b) as follows:- 5 (1) “Subject to Order 4 rules 5 and 6 and to the following provisions of this rule, the Court may at any stage of the proceedings upon an application by the plaintiff or any other party grant leave to the plaintiff to (a) amend the plaintiff’s writ, or (b) any party to amend the party’s pleading, on such terms as to costs or otherwise as may be just and in such manner as it may direct”. The present application is brought by the defendants/applicants under the above quoted rule and it is a request on the Court to grant leave to the applicants to amend its statement of defence to include certain facts that have been stated in the defendants’ witness statement but which were initially omitted in the statement of defence filed on 25th April, 2018. The defendants say the amendment is necessary because the facts which are being sought to be included in the s...