I have considered Mr Amati’s application that the Defendant’s Supplementary List of Witnesses dated 8th October 2025, and the accompanying witness statements be struck out. I have also considered submissions by respective counsels.
It is indeed true that parties have gone through pre trials and that the case had been set down for hearing. The new witness statements have been filed and served late in the day and without leave.
Nevertheless, the Court has a duty to do substantive justice. Since the trial has not yet commenced, I do not see any injustice that will be occasioned to the Plaintiffs beyond that which can be compensated by an award of costs.
In the circumstances, the justice of the situation commends itself to the statements being admitted on record, which I hereby do. In view of the new development, Mr Amati is at liberty to indicate whether he is still ready to proceed. In the event an adjournment is occasioned, we will address the issue of any costs.
Dated this 9th day of October 2025.
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