Galileo Amaglo Vrs Lomo & Anor. [2022] GHACC 247 (3 November 2022)

IN THE CIRCUIT COURT ADENTAN SITTIG BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 3RD DAY OF NOVEMBER, 2022 TIME: 9: 15 AM C1/08/2020 SAMUEL GALILEO AMAGLO TESHIE - ACCRA SUIT NO. PLAINTIFF VRS. 1. MR. LOMO 2. DEFENDANTS AZUMAH NELSON Plaintiff: Present Defendants: Absent Peter Antonio Present for Plaintiff Dodzi Dzidula Present for Defendants Counsel for Plaintiff/Applicant: We move in terms of the Motion Paper and Supporting Affidavit and annexures. We wish to be granted leave for Plaintiff to substitute the site plan originally submitted by Plaintiff as the site plan attached to his Indenture with a new site plan which was made after the Court’s ordered composite plan was made. Humbly submitted. Counsel for Defendants/Respondents: We are opposed to the Application. We rely on all averments in our Affidavit in Opposition. The Plaintiff is seeking to set a bad precedent. After the composite plans was made as ordered by this court, the Plaintiff realized his position and went to have a new site plan made having in mind the composite plan. This is not right. If the Application is granted it would mean that litigation would never end. We pray the motion be dismissed. Humbly submitted. By Court – Ruling The Plaintiff is seeking to introduce a new site plan he had made only after a composite Plan was made on Orders of this Court using the site plans submitted by the parties. The site plan submitted by the Plaintiff himself is what was used for the composite plan. At the time, this new site plan being sought to be introduced did not exist. To allow the Plaintiff to introduce this new site plan would be to set a precedent that allows Parties to correct their existing site plans which were used in making a composite plan, using the said composite plan as a guide. This is the epitome of dishonesty sought to be given judicial blessing or approval. This should not be allowed by any court. The Motion is denied. No award as to cost. Suit is adjourned to 27/01/2023 for hearing to commence. (SGD) H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Comfy* 2