[2023]DLCA16183 • July 20, 2023 • Court of Appeal
ANBARIYA ISLAMIC INSTITUTE vs DR. OSMAN ALHASSAN
JUDGMENT SUURBAAREH, JA This is an appeal against the ruling of the High Court, Tamale, dated 9th October, 2020, which granted the defendant/respondent’s application to amend his statement of defence, after applications for directions had been taken and the parties directed to file their witness statements. The appeal, which is against the whole ruling, and seeking to have same set aside, has been mounted on two grounds of appeal to wit: 1. The ruling is against the weight of the evidence; 2. The order granting the defendant/respondent leave to amend his Statement of Defence is a wrong exercise of discretion by the trial Court. Henceforth the parties will be called plaintiff and defendant. In the written submissions filed on behalf of the plaintiff, after setting out the processes leading to ruling and resulting in this appeal, especially the facts deposed to in the affidavits for and against the application to amend, went on to tackle the ground about the judgment being a.....