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EMMANUEL MANU ASOMOAH V. IGNOZIO MESSINA & CO. & ANOR

(2004) JELR 68758 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/69/2004  •  28 May 2004  •  Ghana

Coram
ARYEETEY JA, ANINAKWAH JA, QUAYE JA

Judgement

ANINAKWAH, JA

On 20th June, 2002, the High Court, Accra, granted leave to the Plaintiff/Respondent (hereinafter referred to as Plaintiff) to amend his statement of claim.

Aggrieved by the ruling, the Defendants/Appellants (hereinafter referred to as Defendants) have appealed to this Court on the following grounds.

(1) The learned High Court Judge failed to fully appreciate the law and principle which govern the right of a party to amend its pleadings in an action.

(2) The learned High Court Judge failed to avert her mind to the facts as placed before her by the Defendants, which showed that the plaintiffs proposed amendments constitute an attempt to change the fundamental basis and nature of his case after delivery of Defence.

(3) The learned Judge also failed to appreciate the fact that the amendments being sought by the plaintiff were made in direct reaction to factual answers already pleaded by Defendants in their reply to plaintiff's averments in his statement of claim and thus ought n…

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