NAPEX CONNECT LTD vs. PUMA ENERGY DISTRIBUTION GH. LTD

On 24th October 2019, counsel for defendant sought leave of pray the court to withdraw the statement of defence filed on 10th October 2019 on behalf of the defendant. The reason was that, the statement of defence was filed before entry of appearance was filed on 11th October 2019 in respect of this case. Counsel for defendant further prayed the court to grant the defendant leave to file her statement of defence out of time. Counsel for plaintiff however objected to the prayer by counsel for the defendant. He contended that, by the rules of court, counsel for defendant cannot withdraw the statement of defence and ask for leave of the court to re-file same. Counsel argued that, there is no rule of law or procedure which allows counsel for defendant to ask for such prayer from the court. He therefore prayed the court not to entertain the prayer by the defendant counsel. I had the opportunity to hear the submissions by both counsel. I have also gone through the documents filed ...