AUGUSTINA DANKWAH AND OTHERS V. EXPRESS LINK MICRO FIN. & ANOR

RULING

OSEI-HWERE J.

This is a motion on notice praying this Honourable Court for leave to amend the statement of defence of the defendants pursuant to Order 16 rule 5 of the High Court (Civil Procedure) Rules, 2004 (CI 47).

The Defendants/Applicants have filed the instant application and the grounds of the application are contained in the Affidavit in Support filed on the 19^th of April, 2017. The gravamen of the applicants’ motion per the affidavit is that the proposed amendment contains relevant pleadings that are crucial to the final determination of the case.

The Plaintiffs/Respondents are opposed to the application and have demonstrated the grounds in an affidavit in opposition filed on 11^th of May, 2017. The import of the Respondents’ opposition is among other things that the amendment seeks to change the case of the defendants and that the move will further embarrass the trial of the case considering the stage which the case has reached.

Counsel for the applicants moved the motion i…