[1] This is my judgment in respect of the defendant's application (enclosure 19) to amend the defence to include a counterclaim when the plaintiff has already obtained a summary judgment and is in the process of executing the judgment.

[2] The central issue in this case is whether or not the defendants are permitted to include a counterclaim when the main suit has been duly disposed off and a judgment has been given by the court pursuant to rules of court.

Brief Facts

[3] In the instant case the plaintiff has already obtained summary judgment and in the process of enforcing the judgment by way of garnishee and bankruptcy proceedings. In an unusual manner the defendants have made this application to include a counterclaim. The plaintiff objects vehemently on the following grounds, namely: (i) the present suit is no longer extant; (ii) the defendants' proposed cause of action in the counterclaim is fundamentally different from the plaintiffs claim; and (iii) in a