KOJO ATTA ALIAS TANDOH IV VRS  KWAKU APAWU Appeal Court power 80 to amend in proper case but here considered proper course to send case back to Commissioner's Court' to make necessary amendment if no injustice caused thereby, Question of expense in calling evidence as to whether plaintiff was or was not Odikro should not of itself be a bar 3S defendants can be compensated in awarding of costs.