The High Court (Civil Procedure) Rules, 2004, (“CI 47”) recognises the fallible nature of the users of the court and has therefore made provisions to ameliorate any harsh effect of same. One of such safeguards relevant for the purpose of this article is “amendment”, as provided for under Order 16 of CI 47. This article argues that the effect that follows, where a party fails to amend after obtaining leave to amend, no longer holds in its pristine state. This article seeks to demolish the simplistic, mechanical, and monolithic application of the Rules of Court, specifically, Order 16 rule 8 of CI 47. It argues that in spite of the peremptory tone of the said provision, the rule admits of exceptions.
