JUDGMENT OF THE COURT
[1] This is an interlocutory appeal against the ruling delivered by Ogola, J in which he dismissed a notice of motion dated 15th June, 2015 that was filed by Peter Opande (the appellant herein) seeking leave to further amend his defence and counterclaim.
[2] Ngaga Enterprises Limited (respondent herein) had initiated the suit in the High Court against the appellant through a plaint dated 26th October, 2009. In the suit, the respondent sought several orders against the appellant, including, an order that it is entitled to property known as LR. No. 9230/06, (original No. 9230/3) (herein the suit property). The respondent sought a declaration that the sale agreement signed on 12th July, 2005 between it and the appellant was illegal, null and void, and an order that the appellant unconditionally and with immediate effect vacate the suit property.
[3] In a defence and counterclaim, the appellant denied the respondent’s claim, maintaining that the agreement entered into b…