THE NATIONAL GENERAL SECRETARY (ICU), GENERAL SECRETARY (ICU) vs THE DEPUTY GENERAL SECRETARY & 3 ORS

RULING In this matter, pleadings have closed and counsel for the plaintiffs filed an application for directions on the 21st January, 2009 in which a number of issues were listed for trial. Counsel for the 6th defendant also filed additional issues in which he sought to add to the main issues for trial. When the application came to be moved counsel for the plaintiffs argued that issues 1, 2, 3 and 5 of the additional issues be deleted or struck out. Counsel for the 6th defendant also applied for some of the issues set out in the application for directions to be struck out because they do not arise from the pleadings. In the instant matter, the plaintiffs did not file a reply to the defence filed by the 6th defendant and therefore pleadings closed 7 days after the defence has been served on the plaintiffs. See Order 11 Rule 19(1) (b) of CI 47 and therefore issues were joined in respect of the statement of defence see Order 11 Rule 14(1). Paragraphs 1, 2 and 3 of the additi...