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;
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