Kwakye Vrs Anyan and Another [2023] GHAHC 106 (16 March 2023)

Kwakye Vrs Anyan and Another [2023] GHAHC 106 (16 March 2023)

Plaintiff’s application is competent as failure to specify the precise amendment does not render it incompetent. Amendments (i) and (ii) are allowed as they meet the legal test; amendments (iii), (iv), (vii), paragraphs 17, 18, 20, 21, 23, and 24 are disallowed as they would cause surprise, are irrelevant, unnecessary, or would introduce new parties.

Citation
[2023] GHAHC 106
Parties
Plaintiff/applicant: Rose Kwakye; Defendant/respondent: Kwaku Daffour Anyan; Defendant/respondent: Richard Kofi Awuah Kwakye
Court
High Court
Jurisdiction
Ghana
Judgment Date
16 March 2023
Procedural Posture
Civil / Ruling on Application to Amend Reliefs and Statement of Claim
Outcome
Application partially allowed
Legal Topics
Amendment of Pleadings, Discretion of Court, Estate Matters
Source Language
English
Civil Procedure Amendment of Pleadings Discretion of Court Estate Matters

Case Brief

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Parties

Rose Kwakye

Plaintiff/applicant

Kwaku Daffour Anyan

Defendant/respondent

Richard Kofi Awuah Kwakye

Defendant/respondent

Procedural Posture

Civil / Ruling on Application to Amend Reliefs and Statement of Claim

Legal Issues

  1. 1 Whether the Plaintiff’s application to amend is competent
  2. 2 Whether the Plaintiff’s amendment should be granted

Ratio Decidendi

Plaintiff’s application is competent as failure to specify the precise amendment does not render it incompetent. Amendments (i) and (ii) are allowed as they meet the legal test; amendments (iii), (iv), (vii), paragraphs 17, 18, 20, 21, 23, and 24 are disallowed as they would cause surprise, are irrelevant, unnecessary, or would introduce new parties.

Court Disposition

Application partially allowed

Orders

  • Plaintiff granted leave to amend reliefs (i) and (ii) within 14 days
  • Amendments to introduce reliefs (iii), (iv), (vii), paragraphs 17, 18, 20, 21, 23, and 24 disallowed