O 16 Party may amend pleading without leave before pleadings end and served on all parties on other side, after pleadings close amend with leave which is in court’s discretion. Party bound by his pleadings whether an error detected or new facts discovered. O 81r1 allows amendment for non-compliance with rules and O 4 amendment of process by joining parties or causes of action.
Generally, amendment will be allowed at any time unless injustice will arise or cause injury to other party not compensable with cost per Cropper v Smith. Per Yeboa v Bofour purpose of amendment is to determine real issues in controversy and also correct errors in proceedings.
Hasnem v ECG D shall not amend notice of appearance without leave of court. O 16r1 amendment of writ of summons once without leave, writ amended without leave shall be served on each D.
O 16r3 D may amend SOD without leave where SOC is amended by P and served within 14 days after service of amended SOC, P may amend reply in response to amended SOD served within 14 days after service of amended SOD,effect of not amending pleading is reliance on unamended pleading. Amended writ or pleading or document pleading takes effect from date original was filed per Kai v Amarkye.
O 16r5 court at any stage upon application by party grant leave to amend writ or any pleading on just terms, court may amend upon leave after any relevant period of limitation to alter capacity, add or substitute cause of action, correct name of party notwithstanding the effect of substituting new party if mistake genuine per Mussey v Darko, if non-juristic person as P, amendment not available since no legal person initiating the action. O 16r8 failure by party to effect amendment of writ pleading or document within time limit 14 days of order, renders order ineffective unless time extended per Mahama Hausa v Baako Hausa.
Application for leave to amend shall be on notice to all other parties in action, affidavit specifying precise nature of amendment per O 16r10.
Striking out an ‘amendment without leave’: within 14 days under O 16r3upon application to court and strike out if satisfied would not have been granted if leave was sought per O 16r4.
Amending other doc: O 16r7 court on own motion or application order amendment of any document in proceedings.
Amendments not generally allowed include amendment, which isimmaterial, to withdraw an admission, to set-up a statute barred claim, to introduce new cause of action which didn’t exist at date of writ.
Upon amendment changes include: Amended Statement of Claim, Amended Statement of Defence, Amended Reply, with leave.