ADOMSON & ANOTHER VRS MENSAH & 2 OTHERS (C11/08/2018) [2023] GHACC 606 (11 December 2023)

ADOMSON & ANOTHER VRS MENSAH & 2 OTHERS (C11/08/2018) [2023] GHACC 606 (11 December 2023)

Leave to amend is granted only to the extent of specifying the land description as property No. ASH/T/E-1; amendment to add new reliefs or change nature of claim is denied as it would amount to setting up a new case and cause injustice to respondents.

Citation
[2023] GHACC 606
Parties
1st Plaintiff/applicant: Amos Adomson; 2nd Plaintiff/applicant: Gasper Adom; 1st Defendant/respondent: Nii Mensah; 2nd Defendant/respondent: Nii Anang Adzor; 3rd Defendant/respondent: Comfort Mensah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
11 December 2023
Case Number
C11/08/2018
Procedural Posture
Civil / Ruling on Application for Leave to Amend Pleadings
Outcome
Application for leave to amend is granted in part and denied in part.
Legal Topics
Amendment of Pleadings, Description of Land, Relief Specification
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Description of Land Relief Specification

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Parties

Amos Adomson

1st Plaintiff/applicant

Gasper Adom

2nd Plaintiff/applicant

Nii Mensah

1st Defendant/respondent

Nii Anang Adzor

2nd Defendant/respondent

Comfort Mensah

3rd Defendant/respondent

Procedural Posture

Civil / Ruling on Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the writ of summons and statement of claim to specify land description and reliefs

Ratio Decidendi

Leave to amend is granted only to the extent of specifying the land description as property No. ASH/T/E-1; amendment to add new reliefs or change nature of claim is denied as it would amount to setting up a new case and cause injustice to respondents.

Court Disposition

Application for leave to amend is granted in part and denied in part.

Orders

  • Applicants to amend endorsement on writ of summons and statement of claim to describe land as property No. ASH/T/E-1 within TDC acquisition zone.
  • Amended pleadings to be served within 7 days on counsel for respondents.