RULING
This ruling is in respect of an objection raised by Counsel for the Plaintiff against an order this Court made on 27-10-16. The Court on the said date ordered both parties in the case to file their witness statements as well as all the exhibits they intend to tender in the case on or before 11-11-16.
On the said date, Counsel for plaintiff was not in Court when the order was made. However, Counsel for defendant was in Court. The plaintiffs were also in Court.
Counsel for plaintiff contended in his submission before the Court on 16-11-16 as follows:
(a) That the Court erred when she made the said order for witness statements to be filed since directions had already been taken in the case.
(b) That, application for directions was taken on 26-11-2014 by which time C.I 87 (High Court) (Civil Procedure) (Amendment) Rule 2014, had not come into force.
In the view of Counsel, the order for filing of witness statements can only be made at the application for directions stage. To that effect;…