FIRSTRUST SAVINGS AND LOANS LTD (PLAINTIFF) vs. JISLAH FINANCIAL SERVICES LTD (DEFENDANTS)

The instant motion, filed on the 31st July 2018, seeks an order of the court to strike out from the plaintiff’s witness statement paragraphs 12 to 18 thereof on the grounds that those paragraphs contain evidence of matters not pleaded in the statement of claim and also matters which emerged from the pre-trial settlement attempted by the parties to the suit. Attached to the motion paper is an affidavit in support as well as a supplementary affidavit. The plaintiff/respondent is opposed to the application as shown by the affidavit in opposition filed on the 11th October 2018. The applicant says that paragraphs 12 to 18 of the witness statement filed by the plaintiff respondent on the 13th July 2018 contain evidence of factual matters which the plaintiff had not pleaded in its statement of claim and that some of the facts therein are also matters which came up during the pre-trial settlement which the parties had in an effort to settle this case amicably. The applicant therefore prays .....