Order 23 — Amendment

A party may amend his Originating Process, pleadings and other processes at any time before Judgement and not more than twice during trial but before closing his case.

(1) Application to amend may be made to a Judge.

(2) The application, which shall be supported by an exhibit of the proposed amendment, 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, may be allowed upon such terms as to costs or otherwise as may be just.

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 if no time is thereby limited, then within five days from the date of the Order, such party shall pay an approved additional fee fixed in the Schedule of Fees payable in Court for each day of default.

Where any Originating Process, pleading or other processes 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.

Where any Originating Process, pleading or other processes is amended, it shall be marked in the following manner: “Amended this………. day of……….. pursuant to the Order of (name of Judge) dated the……………day of………………….”

A Judge may at any time correct clerical mistakes in Judgements or Orders, or errors arising therein from any accidental slip or omission upon application without an appeal being filed.

(1) Subject to the provisions of Rule 1 of this Order, a Judge may at any time and on such terms as to costs or otherwise as may be just, amend any defect or error in any proceedings.

(2) Typographical or minor errors in Originating Processes, pleadings and other processes, or non-contentious amendments, may be granted upon an oral application of any party.