[2024]DLHC18087 • April 22, 2024 • High Court
FAMILY OF GBI-BLA vs. HOHOE E. P. SECONDARY SCHOOL
The respondent (Family of Gbi-Bla) claimed to be one of the donors of land to the defendant (Hohoe E.P. Secondary School) and sought recognition and compensation. The defendant initially admitted this claim in their statement of defence but later discovered documents indicating that the respondent's family was not a donor, alleging that the initial admission was based on a fraudulent document provided to the then Headmaster. The defendant sought leave to amend their statement of defence to reflect this new position.
read moreRULING This is an application for and on behalf of the defendant/applicant hereinafter referred to as applicant praying the Court for an order granting leave to the applicant to amend the statement of defence. I shall quote the relevant paragraphs as follows: 4. That upon service of the writ of summons together with the statement of claim, the applicant entered appearance and statement of defence through their lawyer. 5. That the thrust of the respondent’s case is that they were one of the donors that gave out land to the applicant and therefore entitled to recognition and compensation as done to the others by the defendant. 6. Upon documents obtained at the time the applicant instructed its lawyer, it admitted the position claimed by the plaintiff even though it contended that it was an irrevocable gift. 7. That a further scrutiny of the document revealed that the then Headmaster who admitted the grant was deceived. 8. That I attach the original document concerning the grant.....