1. I have considered the application dated 15 December 2023 together with the affidavit in support of the same sworn on even date and the affidavit in opposition to the same sworn on 27 February 2023; the applicable law; and the written submission of the parties, which form part of the record.
2. Based on the record before me and the submissions of the parties, it is evident to me that the respondent is registered as a business rather than a limited liability company. It is therefore not capable of being sued in its own name. Accordingly, the applicant ought to have named the proprietors individually in its pleadings and described the individuals as “trading as” the respondent.
3. The above was not done and no leave of the court was sought by the applicant to amend its pleadings with a view to curing the defect at the time of hearing the application.
4. The oversight as stated above falls afoul of Order 30 of the Civil Procedure rules.
5. Based on the reasons above, I find that the application is incurably defective and is dismissed with costs.