[2019]DLHC7179March 28, 2019High Court

UNITED STEEL COMPANY LIMITED (PLAINTIFF) vs. WAPIC INSURANCE GHANA LIMITED (DEFENDANT)

This is an application for leave to amend the Statement of Defence. I have read the application and the supporting affidavit. I have also read the affidavit in opposition. Regard has been given to the oral submission made by both Counsel. Consideration has been given to the principles governing the grant or otherwise of application of this nature. I am of the view that the amendment, which the Defendant/Applicant is seeking leave to effect will not jeopardize the case of the Plaintiff. Neither, in my view, will it affect the appeal pending before the Court of Appeal. It is to be observed that if the appeal to be determined, it is the state of the facts available to this Court, at the time it gave the decision upon which the appeal has been lodged, would be the underlying factor. With due respect to Counsel for Plaintiff/Respondent, I do not share the view that the grant of the Present application goes to the root of the appeal pending before the Appellate Court for consideration. A...