De Pues Vrs Sam Valley Farms Ltd [2023] GHAHC 101 (22 February 2023)

The court held that in the interest of justice, the applicant should be allowed to proceed and have its statement of defence reinstated and be granted leave to file witness statement out of time, subject to payment of costs.

Citation: [2023] GHAHC 101
Parties: Plaintiff/respondent: Dimitri Francis De Pues; Defendant/applicant: Sam Valley Farms Limited
Court: High Court
Jurisdiction: Ghana
Judgment Date: 22 February 2023
Procedural Posture: Civil / Ruling on Application to Reinstate Statement of Defence and for Leave to File Witness Statement Out of Time
Outcome: application granted with conditions
Legal Topics: Reinstatement of Pleadings, Leave to File Out of Time, Costs
Source Language: English

Civil Procedure Reinstatement of Pleadings Leave to File Out of Time Costs

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Parties

Dimitri Francis De Pues

Plaintiff/respondent

Sam Valley Farms Limited

Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Reinstate Statement of Defence and for Leave to File Witness Statement Out of Time

Legal Issues

1 Whether to reinstate the defendant's statement of defence struck out for failure to file witness statement as ordered
2 Whether to grant leave to file witness statement out of time

Ratio Decidendi

Court Disposition

application granted with conditions

Orders

Applicant’s statement of defence dated 11th November, 2021 reinstated
Applicant granted leave to file witness statement and pre-trial checklist within seven days