ISAAC OWUSU ASIEDU vs. SUMAKAINU AMINU

1. Introduction: [1] Traditionally, an application for an amendment of a writ or a pleading may be made at any stage of the proceedings. A party may, without leave of the court, amend his/her writ at any time before the pleadings are closed. It follows, therefore, that when pleadings are closed any party shall amend only with the leave of the court. [2] In this instant case, pleadings have closed, the parties have filed their witness statements and awaiting a date for case management conference. Therefore, any application for amendment of the statement of defence shall be by leave of the court pursuant to the High Court Civil Procedure Rules. [3] It is provided in Order 16 Rule 5(1) of CI 47, that subject to Order 4 Rules 5&6 and other provisions of the rule, the court may at any stage of the proceedings, upon an application by the Plaintiff or any other party, grant leave to: (a) the Plaintiff to amend the Plaintiff’s writ; or (b) an.....