ADOMSON VRS MENSAH (C11/08/18) [2018] GHACC 1 (11 December 2018)

ADOMSON VRS MENSAH (C11/08/18) [2018] GHACC 1 (11 December 2018)

Leave to amend is granted only to the extent of describing the land as property No. ASH/T/E-1, as this is consistent with evidence already on record and does not change the nature of the case or cause injustice. Leave to amend to add new reliefs or change the basis of claim is denied as it would amount to setting up a new case and cause injustice to the defendants.

Citation
[2018] GHACC 1
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 2018
Case Number
C11/08/18
Procedural Posture
Civil / Ruling on Application for Leave to Amend Pleadings
Outcome
Application partly allowed and partly denied
Legal Topics
Amendment of Pleadings, Discretion of Court, Description of Land, Relief Endorsement
Source Language
English
Civil Procedure Amendment of Pleadings Discretion of Court Description of Land Relief Endorsement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

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 to grant leave to amend the writ of summons and statement of claim to include specific land description and additional reliefs

Ratio Decidendi

Leave to amend is granted only to the extent of describing the land as property No. ASH/T/E-1, as this is consistent with evidence already on record and does not change the nature of the case or cause injustice. Leave to amend to add new reliefs or change the basis of claim is denied as it would amount to setting up a new case and cause injustice to the defendants.

Court Disposition

Application partly allowed and partly denied

Orders

  • Leave granted to amend the endorsement on the writ of summons and statement of claim to describe the land as property No. ASH/T/E-1 within TDC acquisition zone.
  • Applicants to serve amended pleadings within 7 days on respondents' counsel.