[2020]DLHC10536 • December 21, 2020 • High Court
OKO NORTEY vs. MR. ERIC KWESI YEBOAH
The Plaintiff initially filed a suit claiming refund of US$10,000 paid to the Defendant for a piece of land at Spintex Road, Accra, purchased for the Plaintiff's son and wife. The Plaintiff was suing on behalf of himself and his son and wife. During trial, the Plaintiff was cross-examined on his authority to sue on behalf of his son and wife but failed to produce such authority.
read more1. 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, and the trial is completed. Counsel for the Plaintiff notified the Court of his intention to file the instant application when the Court directed both Counsel to obtain copies of the proceedings and file their written closing submission. Therefore, the rules of Court require that at this stage any application for amendment of the writ of summons and the statement of claim 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 m...