1. I have perused the motion on notice for an order granting leave to amend their pleadings by indorsing a Counter-Claim.
I have heard the submissions in support as well.
The opposition to the application has been heard.
In Order 16 of C. I. 47/04, a party may apply to amend his or her pleadings.
In Rules 5 of Order 16 a Plaintiff may apply to amend his writ and even indorse a fresh cause of action, with the only proviso that such a cause of action must have existed at the time the writ was taken.
However, the pleadings point raised is weighty.
There is something missing in the Statement of Defence which is very fundamental.
This is not a question of paying attention to form over substance.
The defence must back their reliefs as stated in the counter-claim, with pleadings or facts on which they will rely to prove same
2. This Court will decline the application, the defence may come properly if they so desire.
3. The case is adjourned to 21st January, 2020 for Case Management Conference.
SGD)H/L NICHOLAS M. C. ABODAKPIJUSTICE OF THE HIGH COURT.
