JUDGMENT OF THE COURT

The Plaintiff (Respondent in this appeal) vide Summons-in- Chambers filed on 16.4.2003 sought an order to amend their Statement of Claim dated 1.4.2003 ("the Original Statement of Claim") as well as to include an English version of it. The Senior Assistant Registrar (SAR) allowed the Plaintiff's application. On appeal to the Judge-in-Chambers, by order dated 12.10.2004, the High Court Judge dismissed the Defendant's (the Appellant in this appeal) appeal with costs and affirmed the SAR's decision.

On 18.1.07 we affirmed the High Court Judge's decision and dismissed the Defendant's appeal. Our reasons are as follows:-

The Plaintiff's application to amend was made pursuant to O. 20 r. 5(1), (2) and (8) and O. 18 r. 10(1) and (2) of the Rules of the High Court 1980 ("the Rules"). In an application such as this it was incumbent upon the Plaintiff to set out cogent reasons in their supporting affidavit for the Court to exercise its discretion in their favour. The reasons advanced by the Plaintiff which the High Court Judge accepted warranting the exercise of the Court's discretion in their favour were these.

The Plaintiff claimed that their records were not complete

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