UNIVERSAL CO-OPERATIVE COMMODITIES LTD & OTHERS vs. BOB COMMODITIES CO. LTD (DEFENDANTS)

This is a motion on notice praying this Honourable court for leave to amend the statement of defence of the 1st to 4th Defendants pursuant to Order 16 rule 5 of the High Court (Civil Procedure) Rules, 2004 (CI47). The 1st, 2nd 3rd and 4th Defendants/Applicants are seeking the order of the Court to enable them include a counter-claim in their statement of defence. Counsel for the Applicants submits that per Order 16 rule 5 (2) of CI 47 leave to amend a statement of defence is an unfettered right and even if the Applicant is prohibited by any statute of limitation the Court may go ahead and grant the application. he also submitted that granting the application will ensure speedy trial and avoid multiplicity of proceedings, as encouraged by Order 1 rule 1 (2) of CI 47. The Plaintiffs/Respondents are opposed to the application. Counsel for the Respondents submits that the coming into force of the High Court (Civil Procedure) Amendment) Rules, 2014 (CI 87) into our civil proced...