[2020]DLCA9861October 22, 2020Court of Appeal

FREDERICK NYAMEKYE vs. F.K. A COMPANY LIMITED

JUDGMENT OF MERLEY WOOD JA This is an interlocutory appeal against the Ruling of the High Court, Land Division delivered on 23rd November 2018. The trial High Court in the Ruling granted leave to the Plaintiff /Respondent to amend its Writ of Summons and Statement of Claim after trial had ended and the Defendant had filed his written address. Aggrieved and dissatisfied with the Ruling given by the Court granting the amendment, the Defendant/Appellant filed the following grounds of appeal as per the Notice of Appeal filed on 11th December 2018: a. The learned judge erred on the law and procedure when she failed to realized (sic) that by admitting the writ of summons and the accompanying statement of claim from another case as a basis for the grant of the application for amendment of the Plaintiff’s writ of summons, she had indirectly received fresh evidence to contradict the evidence on record contrary to law and procedure. b. In the circumstances of this case, the learned ju.....