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MARY AFRIFA YEBOAH V. COUNTY HOSPITAL & ANOR

(2024) JELR 112499 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/024/2024  •  25 Jan 2024  •  Ghana

Coram
Y. ASARE DARKO, J.S.C. (PRESIDING) G. S. SUURBAAREH, J.A P.K. BAIDEN, J.A

Appearances
KWASI AFRIFA FOR THE DEFENDANTS/APPELLANT DENNIS OPPONG WIAFE FOR THE PLAINTIFF/RESPONDENT

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>SUURBAAREH, JA:</u></strong> This is an interlocutory appeal from the ruling of the High Court,Kumasi dated 13 October, 2022, in which the trial Court granted the Plaintiff/Respondent’s application to amend her writ of summons, statement of claim and witness statement. Dissatisfied with the ruling, the Defendants/Appellants, have mounted the instant appeal against it on as many as seven (7) grounds of appeal, which are as follows:</p><blockquote><p style="text-align: justify"><em>“a.  the ruling disregarded fundamental legal principles which mandated the dismissal of the application thereby occasioning a substantial miscarriage of justice to the Defendants/Appellants.</em></p><p style="text-align: justify"><em>b. The conclusion of the Honorable Court that the deponent to the affidavit is the same as theplaintiff, cannot be supported in fact and in law.</em></p><p style="text-align: justify"><em>c. The conclusion by the Court that the Defendants/Appellants were not opposed to the substance of the application but were concerned about the procedure cannot be supported in law.</em></p><p style="text-align: justify"><em>d. The conclusions by the Honorable Court thatthe prop…</em></p></blockquote>

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