RULING
This ruling concerns a preliminary legal objection taken to the application for amendment of the statement of defence by the defendant/applicant herein.
The objection relates to the nature of the amendment. It is counsel for the plaintiff/respondent’s contention that the application is incompetent, as counsel for the applicant did not specify precisely the nature of the amendment but rather attached to the application a proposed amended statement of defence. Counsel submits that the application is in violation of Order 16 rule 11(2) of the High Court (Civil Procedure) Rules, 2004 (CI 47).
Counsel for the applicant is opposed to the objection and contends that the precise nature of the amendment has been incorporated in the proposed statement of defence. He submits that counsel for the plaintiff’s objection is a complete misapplication of Order 16 rule 11 and that the sub rules bear the application out. Besides, assuming, counsel for the plaintiff’s interpretation is right, he subm…