Order 17 — Amendment
Rule 1 Amendment of originating process and pleadings.
A party may amend his originating process and pleadings at any time before Judgement but not more than three times.
Rule 2 Application.
An application to amend may be made to a Judge and such application shall be supported by an affidavit exhibiting the proposed amendment with a written address and may be allowed upon such terms as to costs or otherwise as may be just.
Rule 3 Amendment of originating process: additional witnesses.
Where an originating process or a pleading is to be amended, a list of any additional witness to be called together with his written statement on oath and a copy of any document to be relied upon consequent on such amendment shall be filed with the application.
Rule 4 Failure to amend after order.
(1) Where a party who has obtained an order to amend does not amend accordingly within the time limited for that purpose by the order, or where no time is limited, then within seven days from the date of the order, the party shall forfeit the right to amend or shall pay an additional fee as specified in Appendix 2 to these Rules for each day of default.
(2) Where the party pays an additional fee for the default, it shall file an application for regularization exhibiting evidence of payment of the penalty up to the date of filing the amendment.
Rule 5 Filing and service of amended process.
Where any originating process or pleading is amended, a copy of the document as amended shall be filed in the Registry and additional copies served on all the parties to the action.
Rule 6 Date of order and amendment to be displayed.
Where an indorsement or pleading is amended it shall be marked in the following manner:
“Amended the …… day of ………. Pursuant to order of (name of Judge) dated the …… day of ………………..”
Rule 7 Correction of clerical error or mistake.
A Judge may at any time correct a judgment, order or proceeding of clerical mistake or error arising therein from any accidental slip or omission.