REGINALD YEMO ODOI & ANR. (PLAINTIFFS) vs. GOLD COAST FUND MANAGEMENT. (DEFENDANT)

The instant application seeks leave of the court to amend the statement of defence filed on behalf of the defendant on the 15th January 2019. This application to amend was filed after the plaintiff herein had filed an application on the 15th May 2019 for an order of the court to strike out the defence filed by the defendant for being frivolous, scandalous and vexatious. Order 16 rules 5 of the High Court (Civil Procedure) Rules, 2004, CI 47 which was cited by the applicant provides that: (5) An amendment may be allowed under sub rule (2) notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to make the amendment. What this rule implies is that in order for the court to grant an amendment to add to or to substitute a new cause of act...