Order 16 rule 5 (1) of the High Court Civil Procedure Rules, 2004 (CI 47) provides:
“5. (1) Subject to Order 4 rules 5 and 6 and to the following provisions of this rule, the Court may at any stage of the proceedings upon an application by the plaintiff or any other party grant leave to
(a) the plaintiff to amend the plaintiff's writ; or
(b) any party to amend the party's pleading; on such terms as to costs or otherwise as may be just and in such manner as it may direct.”
Pursuant to Order 16 rule 5 (1) (b) of CI 47 the defendant has filed a motion on notice praying this Honourable Court for leave to amend her statement of defence.
The grounds of the application are contained in the Affidavit in Support filed on the 15th of May, 2017. The gravamen of the applicant’s motion per the affidavit is that the proposed amendment contains relevant pleadings that are crucial to the final determination of the case.
The Plaintiff/Respondent is opposed to the application and has demonstrated the g…