JIBRIL MAHAMA V. AKWASI MENSAH

JUDGMENT

TORKORNOO, (MRS.) JSC

The Plaintiff/Appellant/Appellant (Plaintiff) is contesting the leave granted by the High Court to the Defendant/Respondent/Respondent (Defendant) to amend his defence to the Plaintiff’s action. In his Statement of Claim, the Plaintiff had averred in his paragraph 4 that 

4. 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 to the defendant whilst the remaining balance of GH₵30,000 ‘shall be paid after the transfer’ of the necessary land documents’

In his original defence to the Plaintiff’s claims, the Defendant had denied all averments in the Statement of Claim and pleaded in Paragraph 4 of his Statement of Defence that

4. In further denial, the defendant will contend that the said plot of land was to be sold to the plaintiff for Gh₵70,000 and the plaintiff paid GH₵40,000 leaving a balance of 30,000 to be paid after the transfer of the document thereof’

The Plaintiff applied for j…