R U L I N G
The instant application is for further and better particulars pursuant to Order 11 Rule 12 (3) of the High Court (Civil Procedure) Rules, 2004 (C.I 47).
The application itself spells out on the face of the motion paper, the particulars being sought
In his affidavit in support of the application, the Plaintiff/Applicant states that a letter to the Defendant for further and better particulars has not been heeded to. That in view of the issues at stake for trial and also to avoid any surprise being sprung on him, the Defendant should be compelled to provide further and better particulars of the said allegations.
In opposition, the Defendant/Respondent states in paragraphs 6 to 10 as follows:
6. That the Plaintiff/applicant has not evidence in any way how an order for further and better particular under paragraphs (a) and (b) of his motion page would eliminate any form of surprise on him at the trial.
7. That even with respect to paragraphs (b) of Plaintiff/Applicant…