Defendant/Applicants seeks leave to amend certain portions of its statement of defence as pleadings has closed and Defendant can only effect an amendment after leave has been granted by the court.
Plaintiff/Respondent has vehemently opposed the application as not permitted by the rules of procedure. According to Plaintiff, though the application appears to be in the nature of motion for amendment, yet it is a back door attempt by Defendant to withdraw an admission that Defendant had earlier made and which Plaintiff believe is contrary to the rules of court. Plaintiff gives substance to this claim by stating that it filed and served on Defendant discoveries in the nature of notice to admit documents and among some of the documents Plaintiff called on Defendant to admit was a document of the overdraft account of Defendant that showed the level of indebtedness of Defendant. Plaintiff counsel contends that Defendant in its response failed to admit or deny the authenticity of the overdraft …