This Ruling is about an objection taken to a supplementary affidavit filed by Applicant.
The application has been made under Order 11 Rule 18(1) (d) of C.I. 47/04.
The supporting affidavit showed that, on 24/04/2019, applicant initiated this action by taking an originating application from the Registry of this court for a number of Reliefs.
And in response to an affidavit filed in answer and after written submissions have been filed and the action set for hearing, applicant purport to file a supplementary affidavit in support, without leave.
Secondly, it has been contended that, there is an amendment introduced by Applicant in the supplementary affidavit, making changes in the Reliefs sought and that, this cannot be done without leave and in the form in which the Applicant is seeking to effect an amendment.
In response, the affidavit of Applicant/Respondent showed the following:
a. That, what is being complained about does not constitute a surprise and no s…