MAXWELL & ORS VS ADDY & ANOR (PA/0505/2022) [2023] GHAHC 526 (17 October 2023)

MAXWELL & ORS VS ADDY & ANOR (PA/0505/2022) [2023] GHAHC 526 (17 October 2023)

The need to expedite trial and achieve substantial justice outweighs any potential prejudice, especially as opposition was withdrawn and hearing has not commenced. The application to amend is granted to allow for complete adjudication.

Citation
[2023] GHAHC 526
Parties
Plaintiff/respondent: Charlene Dionne Maxwell; Plaintiff/respondent: Nina Maxwell; Plaintiff/respondent: Brianna Maxwell (suing per her guardian ad litem Charlene Dionne Maxwell); Defendant/applicant: A. T. Addy; Defendant/applicant: Emmanuel Nii Boi Abbey
Court
High Court
Jurisdiction
Ghana
Judgment Date
17 October 2023
Case Number
PA/0505/2022
Procedural Posture
Probate and Administration (consolidated Suits) / Ruling on Motion to Amend Statement of Defence and Counterclaim
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Probate and Administration, Trusts
Source Language
English
Civil Procedure Amendment of Pleadings Probate and Administration Trusts

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Parties

Charlene Dionne Maxwell

Plaintiff/respondent

Nina Maxwell

Plaintiff/respondent

Brianna Maxwell (suing per her guardian ad litem Charlene Dionne Maxwell)

Plaintiff/respondent

A. T. Addy

Defendant/applicant

Emmanuel Nii Boi Abbey

Defendant/applicant

Procedural Posture

Probate and Administration (consolidated Suits) / Ruling on Motion to Amend Statement of Defence and Counterclaim

Legal Issues

  1. 1 Whether the defendants/applicants should be granted leave to amend their statement of defence and counterclaim

Ratio Decidendi

The need to expedite trial and achieve substantial justice outweighs any potential prejudice, especially as opposition was withdrawn and hearing has not commenced. The application to amend is granted to allow for complete adjudication.

Court Disposition

Application granted

Orders

  • Defendants/Applicants granted leave to amend the Statement of Defence and Counterclaim in terms of the proposed amendment within 7 days.
  • Plaintiffs may amend their reply within 7 days of service if they so wish.