CROCODILE MATCHETS (GH) LTD vs. ALEX OWARE ENTERPRISE LTD

This is an application on notice by the defendant/applicant (hereafter referred to as the defendant) for leave to amend its Statement of Defence. The defendant supported its application with an affidavit, which disclosed that upon reflection it realized that it inadvertently omitted to plead some vital documents relating to financial transactions with the plaintiff. The plaintiff/respondent (hereafter referred to as the plaintiff) filed an affidavit in opposition in which it vehemently opposed the application. The application was resisted on the ground that it seeks to overreach the Court’s order and also provide a new factual background on which the defendant can introduce a whole new set of documents to provide leverage for its case. The Court ordered Counsel to file written submissions. I shall summarize the submissions of counsel. Learned counsel for the defendant justified the proposed amendment upon the following grounds: (1) that the defendant inadvertently omitted t.....