preliminary objection must be a pure point of law whose determination
would bring the dispute to a quick resolution.In that regard and noting the
twin objections by Mr.Kaahwa, the one
unprocedurally amended and
that the Reference was
that the 2nd Respondent was improperly
impleaded ,portends no difficulty at all.
46.We say so, with respect ,because a clear reading of the record in this
matter would show that when Counsel for the Applicant appeared before
us on 13th July 2012,an adjournment was granted for him to do certain
things including amending the Reference. By that time ,pleadings had not
closed under Rule 45 of this Court’s Rules of Procedure and therefore
under Rule 48(a) of the said Rules, he did not require any leave to amend
the Reference and introduce the 2nd Respondent as a party to the
proceedings. He therefore properly amended the Reference and our finding
is that this limb of the objection is not supported by the law and the record
and is consequently overruled.
47.Regarding the physical and visual manner of effecting an amendment,
Rule 49 of the Rules merely requires a party after amending a pleading to
deposit the amended version in the Registry and that is what the Applicant
did on 31st August 2012 and after service thereof, the 2nd Respondent
became a party to the proceedings and duly responded to the Amended
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