[2024]DLCA17655 • January 25, 2024 • Court of Appeal
MARY AFRIFA YEBOAH vs. COUNTY HOSPITAL & DR. YEBOAH
The Respondent filed a motion on 24th August 2022 to further amend her writ of summons, statement of claim, and witness statement after the Court of Appeal had upheld the trial Court's earlier amendment. The amendments were based on new facts identified by a newly engaged lawyer, which were material to the case. The Appellants opposed the application on grounds including procedural defects, lack of candour, and that the amendments were far-reaching and misconceived.
read moreJUDGMENT SUURBAAREH, JA This is an interlocutory appeal from the ruling of the High Court, Kumasi dated 13th October, 2022, in which the trial Court granted the Plaintiff/Respondent’s application to amend her writ of summons, statement of claim and witness statement. Dissatisfied with the ruling, the Defendants/Appellants, have mounted the instant appeal against it on as many as seven (7) grounds of appeal, which are as follows: “a. the ruling disregarded fundamental legal principles which mandated the dismissal of the application thereby occasioning a substantial miscarriage of justice to the Defendants/Appellants. b. The conclusion of the Honorable Court that the deponent to the affidavit is the same as the plaintiff, cannot be supported in fact and in law. c. The conclusion by the Court that the Defendants/Appellants were not opposed to the substance of the application but were concerned about the procedure cannot be supported in law. d. The conclusions by the Honorable C...