Akunu Family Of Gbi-Bla Vrs. Hohoe E. P. Secondary School (E1/40/2013) [2024] GHAHC 295 (22 April 2024)

Akunu Family Of Gbi-Bla Vrs. Hohoe E. P. Secondary School (E1/40/2013) [2024] GHAHC 295 (22 April 2024)

Leave to amend the statement of defence is granted because the amendment is necessary to determine the real issues in controversy, will not cause injustice or undue delay, and is not a surprise since evidence is yet to be led. The amendment will allow the applicant to plead fraud and correct earlier admissions based on new evidence, in line with the principles governing amendments under CI 47.

Citation
Akunu Family Of Gbi-Bla Vrs. Hohoe E. P. Secondary School (E1/40/2013) [2024] GHAHC 295 (22 April 2024)
Parties
Plaintiff/respondent: Akunu Family of Gbi-Bla; Defendant/applicant: Hohoe E. P. Secondary School
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 April 2024
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Statement of Defence
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Fraud in Pleadings, Rules of Pleadings, Discretion of Court in Amendments
Source Language
eng
Civil Procedure Amendment of Pleadings Fraud in Pleadings Rules of Pleadings Discretion of Court in Amendments

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Parties

Akunu Family of Gbi-Bla

Plaintiff/respondent

Hohoe E. P. Secondary School

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Statement of Defence

Legal Issues

  1. 1 Whether the defendant/applicant should be granted leave to amend its statement of defence to plead fraud and depart from earlier admissions

Ratio Decidendi

Leave to amend the statement of defence is granted because the amendment is necessary to determine the real issues in controversy, will not cause injustice or undue delay, and is not a surprise since evidence is yet to be led. The amendment will allow the applicant to plead fraud and correct earlier admissions based on new evidence, in line with the principles governing amendments under CI 47.

Court Disposition

Application granted

Orders

  • Leave granted to defendant/applicant to amend statement of defence.
  • Leave granted to plaintiff/respondent to amend Reply and Witness Statements if any.