Jamhirah Ali J:

Introduction

[1] Enclosure 42 is the Appellant/Plaintiff's application to amend the Notice of Appeal dated 30 May 2023. The application specifically aimed to clarify the scope of the original appeal and was opposed by the Third Respondent/Defendant.

[2] For ease of reference, the parties shall be referred to as they were in the Court below.

[3] The proposed amendments were set out in Exhibit MS-3 of encl 43. Through the proposed amendment, the Plaintiff sought to expressly state that the appeal on liability encompassed an appeal against the learned Sessions Court Judge's (SCJ) decision in allowing the Third Defendant's counterclaim. Additionally, the Plaintiff sought to include an appeal on the issue of quantum, which, according to the Plaintiff, had been inadvertently omitted from the original Notice of Appeal.

The Plaintiff's Grounds Supporting The Application

[4] The Plaintiff advanced several grounds in support of the application. First, it was submitted that the issue concerning the adequacy of the Notice of Appeal was raised for the first time during the hearing of the appeal on 26 August 2024. Second, the Plaintiff explained that the omission of the appeal