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GERTRUDE AGYEKUM & AMADU BABA V. AMADU BABA & ALHAJI ABUBAKARI

(2003) JELR 68327 (SC)

Supreme Court  •  CIVIL MOTION NO. 75/2002  •  15 Jan 2003  •  Ghana

Coram
WIREDU CJ,ACQUAH JSC.,AKUFFO JSC,AFREH JSC,SETH TWUM JSC.

Judgement

RULING

ACQUAH JSC:

The issue for determination in this ruling is whether or not a party’s statement of case filed woefully out of time, can be permitted to be amended, especially where the defaulting party has not asked for leave to rectify the default. But first, the brief facts.

On 13th April 1981, the Plaintiff took action at the Accra High Court against the Defendants, claiming as later amended:-

(a) “A declaration that in or about June/July 1979 she was the owner of all that piece or parcel of land situate at Madina and known as House NO. B/MDN/14 and fully described in the attached plan and Deed Registered as No. 4446/1978.

(b) That the sale of the said property by the 1st Defendant to the 2nd Defendant in June 1979 is null and void.

(c) General Damages”.

Later on, one Osmanu Alhassan was joined as Co-plaintiff. On 14th August 1989, the trial High Court dismissed the action with costs against the Plaintiff and Co-plaintiff. An appeal to the Court of Appeal was also dismissed on 25th Ju…

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