Introduction

[1] The rules of court confer wide discretionary powers on the Courts to permit applications by litigants to amend their writs and pleadings. The provisions governing this aspect of practice and procedure are couched in liberal terms Be that as it may, it is commonplace that in exercising these discretionary powers, the Courts are bound by established principles and are predisposed to the factual matrix of the case before them.

[2] The present application concerns an application by the Plaintiff to amend its statement of claim. This necessitates a consideration by this court of the applicable principles and the grounds and facts in support of and against the application.

The Overriding Issue

[3] The primary issue for determination in this present matter is whether the application by the Plaintiff in encl 72 to amend its statement of claim ought to be allowed.

[4] Arising from the above are the followings subsidiary issues, namely;

(a) Whether there has been a delay on the part of the Plaintiff in making this application;

(b) Whether the amendment is bona fide;

(c) Whether the amendment will change the character of the pleaded case; and

(d) Whether this amend