20 (2) EAST AFRICAN COMMUNITY GAZETTE (a) may prejudice or delay the fair trial of the case; or (b) is scandalous, frivolous or vexatious; or (c) is an abuse of the process of the Court. 5th May, 2010 An application under this Rule shall state concisely the grounds on which it is made. SECTION X: AMENDMENT OF PLEADINGS Rule 48: General power to amend For the purpose of determining the real question in controversy between the parties, or of correcting any defect or error in any pleading, a party may amend its pleading: (a) without leave of the Court, before the close of pleadings; (b) with the consent of all parties, and where a person is to be added or substituted as a party, that person’s consent; or (c) with leave of the Court. Rule 49: Amendment without leave (1) A party that amends its pleading under paragraph (a) or (b) of Rule 48, shall lodge the original of the amended version of the pleading in the registry, and shall forthwith serve a copy thereof on every other party. (2) Where a party is served with an amended pleading, after it has filed its answer it may, without leave of the Court, amend its own answer to the pleading which is being amended, and shall lodge it in the registry within fourteen (14) days after being so served. Rule 50: Amendment with leave (1) The Court may, at any stage of the proceedings, allow any party to amend its pleadings in such manner as it may direct and on such terms as to costs or otherwise as may be just. (2) The Court may, in the following circumstances, grant such leave to amend notwithstanding that any relevant period of limitation current at the date of instituting the case has expired, if it thinks it is just so to do: (a) where the amendment is to correct the name of a party even if it has the effect of substituting a new party, if the Court is satisfied that the mistake sought to be corrected was a genuine mistake; (b) where the amendment is to alter the capacity in which the party is or is made party to the proceedings, if the altered capacity is one which that party could have been or been made party at the institution of the proceedings; (c) where the amendment adds or substitutes a new cause of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed by the party seeking leave in the same case.