claim appears to be late as the case had been adjourned for judgment but rather than go with the objection of the defence which is rather technical the substantial amend justice angle of the matter is preferred. pleadings like all other judicial powers The power to must be exercised judicially and judiciously. In furtherance fast to the trite position of our judicial system that the courts must eschew technicalities to the above, this court holds at all times and determine to do substantial justice. Articles 32-33 of the Rules of this Court support the exercise of the Court's discretion that at any stage of the proceedings before judgment is pronounced, pleadings may be amended on reasonable cause or in the interest of justice. 39. Article 15 of Protocol A/Pl/7/91 is in further support of the exercise of the discretion of the Court which Counsel to the plaintiff relied upon to file the said motion at such a late time in the proceedings and basing same to the request made by the Court on the date of the judgment. Article 15 of the said Protocol provides: "At any time, documents the Court may and provide request any information the parties to produce or explanation any which it may deem useful. Formcl note shall be taken of any refusal." 40. Learned Counsel to the defendant referred to Article 87 of the Rules of the Court and emphasized on the same as supporting his argument and stance as opposed to the case of the plaintiff. For proper appreciation of the import of Article 87 of the Rules there is the need to highlight the relevant paragraph of the Rule. 1' •• Article 87(5) of the Rules is in four-folds 'ldy t hcse- a} That the application is interlocutory; b} That both parties must be heard on it; 14

Select target paragraph3