The East African Court of Justice Rules of Procedure 2013
(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.
Amendment
with leave
50. (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.
(3) Whenever a formal application is made to the Court
for leave to amend any pleading, the amendment for which
leave is sought shall be set out in writing, lodged with the
Registrar and served on the opposite party before the hearing of
the application.
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