I have considered the application by the Defendants that they be allowed to file additional witness statements at this stage. I have also considered the submissions.
Pre-trial directions were taken on 14th November 2024. Counsels for both sides confirmed that they had complied with Order 11 and that they were ready for hearing. Earlier this morning, Mr Marita confirmed that he was ready for trial. Subsequently, hearing proceeded and the evidence of PW1 to 3 has been heard.
The Defendants have sat in court throughout the testimonies. If I were to allow them to file new witness statements at this point, there is likely to be prejudice to the Plaintiff. The trial may be thrown into a new direction.
I find no merit in the application. I dismiss it. Trial to proceed on the basis of statements already on record. Further hearing on 12th March 2025.
Dated this 30th day of January 2025.