Priest Bobo V. V. Timothy A. Anthony of Keta (1931)

LawGlobal Hub Judgment Report – West African Court of Appeal

Law –Mortgage—Sale at Execution–Certifscak of Purchase, No Title in Mortgagors—Recovery by True Owner—Power of Court to allow Amendment of Writ—Rules of Supreme Court Order 26, Schedule II.

Facts

A, B and C mortgaged certain land to D. After D’s death, his sepreeentative got judgment against A. B and C. The land was sold in execution to E. Subsequently the plaintiffs in the second. suit above claimed the land. The Court below upheld the claim. although these plaintiffs had not interpleaded When the land was being sold. The judgment was upheld by the Court of Appeal.

Held

During the hearing in the Court below, various amendments had been made in the writ some of them at a later stage in the proceedings.Theurged that these should not have been allowed. The appellant Court held that under Order 26 Schedule II R.S.C., the making of amendments is a matter entirely within the discretion of the Court and that such amendments may be made at any stage prior to signing final judgment.