IGS FINANCIAL SERVICES LIMITED (PLAINTIFF/APPCT) vs. JISLAH FINANCIAL SERVICES & 2ORS

RULING The 1st and 2nd Defendants/Judgment Debtors (hereinafter referred to as “Applicants’) filed the instant application praying for leave to amend the Statement of Defence and Counterclaim dated 4th July 2023. In opposing the application, the Plaintiff/Judgment Creditor/Respond (hereinafter referred to as ‘Respondent’) filed their Affidavit in Opposition dated 20th July 2023 praying the court to dismiss the instant application. ANALYSIS AND DECISION Order 16 of High Court (Civil Procedure) Rules, 2004 (C.I. 47). Order 16 R (5) (1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) states that: Subject to Order 4 rules 5 and 6 and to the following provisions of this rule, the Court may at any stage of the proceedings upon an application by the plaintiff or any other party grant leave to (a) the plaintiff to amend the Plaintiff's writ; or (b) any party to amend the party's pleading; on such terms as to costs or otherwise as may be just and in such manner as it...