Mahama Vrs Mensah [2020] GHASC 131 (4 November 2020)

Mahama Vrs Mensah [2020] GHASC 131 (4 November 2020)

The Supreme Court held that the trial judge properly exercised discretion in hearing and granting the application for leave to amend the defence before the application for judgment on admissions. The Plaintiff's application for judgment on admissions was incompetent as the reliefs sought were declaratory and specific performance, not for recovery of money, and such reliefs require evidence and cannot be granted on admissions alone. The appeal was dismissed as neither the High Court nor the Court of Appeal decisions were against the weight of evidence.

Citation
[2020] GHASC 131
Parties
Plaintiff/appellant/appellant: Jibril Mahama; Defendant/respondent/respondent: Akwasi Mensah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 November 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment on Interlocutory Appeal
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Judgment on Admissions, Declaratory Relief, Specific Performance
Source Language
English
Civil Procedure Land Law Contract Law Amendment of Pleadings Judgment on Admissions Declaratory Relief Specific Performance

Case Brief

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Parties

Jibril Mahama

Plaintiff/appellant/appellant

Akwasi Mensah

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Interlocutory Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in affirming the High Court's grant of leave to amend the defence
  2. 2 Whether the application for judgment on admissions was competent given the reliefs sought
  3. 3 Whether the trial judge exercised discretion properly in hearing the amendment application before the judgment on admissions application

Ratio Decidendi

The Supreme Court held that the trial judge properly exercised discretion in hearing and granting the application for leave to amend the defence before the application for judgment on admissions. The Plaintiff's application for judgment on admissions was incompetent as the reliefs sought were declaratory and specific performance, not for recovery of money, and such reliefs require evidence and cannot be granted on admissions alone. The appeal was dismissed as neither the High Court nor the Court of Appeal decisions were against the weight of evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed
  • Order of the Court of Appeal granting leave to amend the defence is affirmed