BEDSTUY V. PHOENIX POWER

RULING

ACKAAH-BOAFO, J.

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 long closed and thus, any application for amendment  of the statement of claim and writ of summons shall be by leave of the court as the Court.  

[3] As it is provided in Order 16 r 5(1) of CI 47, subject to Order 4 rules 5 and 6 and other  provisions of the rule, the court may at any stage of the proceedings, upon an application by the  Plaintiff or any other party, grant leave to: 

 (a) the Plaintiff to amend the Plaintiff’s writ; or 

 (b) any party to amend the party’s pleading; 

on such terms as to costs or otherwise as may be just and in such manner as it may direct.  

[4] …