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T. N. HOSPITALITY LTD V. SAMUEL AMARTEY MASOPERH AND YAHYA FATTAL DAKMAK

(2015) JELR 65254 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/202/2014  •  23 Apr 2015  •  Ghana

Coram
KANYOKE J.A. (PRESIDING), LOVELACE-JOHNSON (MS.) J.A., SOWAH (MRS.) J.A.

Judgement

JUDGMENT

KANYOKE, J.A.

This is an interlocutory appeal against the refusal of the Fast Track Division of the High Court, Accra to grant leave to the plaintiff/appellant (hereinafter called the plaintiff) to further amend an amended writ of summons and the statement of claim to seek reliefs against the co-defendant (described in the Record of Appeal (ROA) as the 2nd defendant) and to expand the statement of claim by adding further averments therein. The plaintiff feeling dissatisfied with the ruling of the trial judge filed an appeal against same on two grounds of appeal as follows:

"(i) The ruling is against the weight of evidence
(iii) The court erred by holding that the application to amend was an afterthought, in dismissing the same."

Even though the notice of appeal had stated that further grounds of appeal would be filed upon the receipt of a certified copy of the ruling, no such further grounds of appeal were filed.

The brief facts of this case culminating in the appeal are as follo…

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