Kwashie Vrs Sackey [2023] GHAHC 265 (26 July 2023)

Kwashie Vrs Sackey [2023] GHAHC 265 (26 July 2023)

The plaintiff's amendment was made within time and in good faith, and will facilitate the expeditious and complete adjudication of the suit; therefore, the motion to strike out the amended writ is not maintainable and is dismissed.

Citation
[2023] GHAHC 265
Parties
Plaintiff/respondent: Daniel Kwashie; Defendant/applicant: Ekow Philip Sackey
Court
High Court
Jurisdiction
Ghana
Judgment Date
26 July 2023
Procedural Posture
Civil / Ruling on Motion to Strike Out Amended Writ of Summons and Statement of Claim
Outcome
Motion to strike out amended writ of summons and statement of claim dismissed.
Legal Topics
Amendment of Pleadings, Striking Out Pleadings, Court Discretion
Source Language
English
Civil Procedure Amendment of Pleadings Striking Out Pleadings Court Discretion

Case Brief

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Parties

Daniel Kwashie

Plaintiff/respondent

Ekow Philip Sackey

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Strike Out Amended Writ of Summons and Statement of Claim

Legal Issues

  1. 1 Whether the amended writ of summons and statement of claim filed by the plaintiff without leave of court should be struck out

Ratio Decidendi

The plaintiff's amendment was made within time and in good faith, and will facilitate the expeditious and complete adjudication of the suit; therefore, the motion to strike out the amended writ is not maintainable and is dismissed.

Court Disposition

Motion to strike out amended writ of summons and statement of claim dismissed.

Orders

  • No order as to costs.
  • Suit to proceed in the normal course.