MADAM FATIMATTAH MUMUNI vs. MR. MOHAMMED AWARKI

RULING I have considered the affidavit evidence and the pleadings in its entirety. I have also considered the submissions of both counsel as they set out the case of their clients. Order 16 R (5) (1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) states as follows: 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 may direct. It is trite that an amendment may be allowed before, or at, or after the trial, or even after judgment or on appeal. The rationale was explained by Bowen L.J in the case of Cropper v. Smith (1884) 26 Ch.D. 700 at pp. 710–711, C.A as follows: “... I know of no kind of error or mistake which, if not fraudulent or intended to overre...