judy.legal
Login Register
đź“„ PDF

KWAME OWUSU ANIM & JAMES KWADWO OWUSU V. HAYFORD SIAW & ALEX ALIAS NANA

(2024) JELR 112433 (CA)

Court of Appeal  •  H1/136/2023  •  8 Feb 2024  •  Ghana

Coram
HENRY KWOFIE (MR.) J.S.C (PRESIDING) SOPHIA ROSETTA BERNASKO ESSAH (MRS.) J.A. KWEKU ACKAAH-BOAFO (MR.) J.A

Appearances
PAPA KOFI PINTOH – GYEBI FOR DEFENDANTS/APPELLANTS. MIKE KYERE FOR PLAINTIFFS/RESPONDENTS.

Judgement
<p class="ql-align-justify"><strong><span style="background-color: transparent">J U D G M E N T</span></strong></p><p class="ql-align-justify"><span style="background-color: transparent">This is an interlocutory appeal at the instance of the Defendants/Appellants against a ruling of the High Court dated 11th January 2021, and rendered in favour of the Plaintiff/Respondent. </span></p><p class="ql-align-justify"><span style="background-color: transparent">The grounds of appeal are as follows:</span></p><ol><li class="ql-align-justify"><em><span style="background-color: transparent">That the learned trial judge in granting the Plaintiffs/Respondents leave to amend their Writ and statement of claim exercised his discretion improperly as he failed to take into account the fact that the proposed amendments were an afterthought seeking to change the Plaintiffs/Respondents case to circumvent the difficulties they encountered in their application for interlocutory injunction which said difficulties led to the refusal of the said application.</span></em></li><li class="ql-align-justify"><em><span style="background-color: transparent">The learned trial judge in granting the Plaintiffs/Respondents’ application for amendment exercised his discretion improperly as he failed to take into account the fact that the proposed amendment was prejudicial to the case of Defendant/Appellant.  </span></em></li></ol><p class="ql-align-justify"><span style="background-color: transparent">The Defendants/Appellants shall in this deliver…</span></p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login