RULING
The 1st Respondent/applicant herein filed an application dated 12th January 2018 and filed in court on the same day seeking for the following orders:
(a) That leave be granted to the applicant/1st defendant to amend the 1st defendant’s defence as per the draft amended defence.
(b) That leave be granted to the applicant/1st defendant to lodge a counterclaim against the 1st plaintiff/respondent.
(c) That the proposed amended defence and counter-claim be deemed to have been dully filed and served subject to payment of full filing fees.
(d) That the court do issue any other or further directions, and or orders it may deem fair and just in the interest of justice.
(e) That the costs be in the cause.
The said application is supported by an affidavit by Rosemary Kaittany who deposed that the amendment sought for a counter-claim of Kshs.10,000,000/- from the plaintiff and that this would allow the court to determine all the issues in question. The amendment of the amount was due to change in …