JIBRIL MAHAMA V. AKWASI MENSAH

JUDGMENT

AYEBI, JA

1. The issue to resolve in this appeal is whether or not the trial judge exercised his discretion properly when he heard the defendant/appellant’s motion for leave to amend the statement of defence which was later in time to the plaintiff/appellant’s motion for judgment on admission.

2. In the suit itself the plaintiff/appellant (hereinafter referred to as plaintiff) sued for a declaration of title to a piece of land situate and lying at Dome Pillar 2 Transformer Junction, an order for specific performance, perpetual injunction, recovery of possession and costs. In the accompanying statement of claim, plaintiff pleaded at paragraph 4 that:

“Plaintiff avers that it was a term of the sale and purchase agreement he entered into with defendant that he was to pay GH¢40,000.00 to defendant whilst the remaining balance of GH¢30,000.00 “shall be paid after the transfer” of the necessary land documents”.

3. The subsequent paragraphs in the statement of claim state that despite th…