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A supplementary affidavit filed without leave of court after pleadings are closed is procedurally improper and must be expunged from the record. The preliminary objection qualifies as a pure point of law and is sustained.
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The High Court granted leave for 83 applicants to file a representative suit, finding the requirements under Order 1 Rule 8 of the Civil Procedure Code were met.
The Court of Appeal set aside a land trial because the respondent filed an amended defence without leave, making the proceedings a nullity.
Defence counsel cannot read a prosecution witness's prior statement during cross-examination without first seeking and obtaining leave of the court, as required by section 164(1) of the Evidence Act. The procedure in Lilian Jesus Fortes v. Republic does not override this statutory requirement.
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The High Court sustained a preliminary objection and struck out a late-filed list of additional documents because it was filed after hearing began without leave.
The applicant demonstrated sufficient justification for leave to file a counter-claim after the written statement of defence, as the only remaining pleading is the defence, and the law allows further pleadings with leave of court. The alternative remedies suggested by the respondent do not preclude the applicant's right to seek leave. The application is merited and leave is granted.
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The application is incompetent for want of leave for representative capacity; failure to plead and attach the instrument of appointment is a fatal irregularity.
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The application is incompetent because it was filed as a representative suit without obtaining the mandatory leave of the Court as required by Rule 44(2) of the Labour Court Rules, G.N. No. 106 of 2007.
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The application for revision is incompetent because Victoria John Mwakalasya had no authority or leave of the court to represent Richard Katuli; leave is mandatory for representative suits.
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Section 250(3)(d) of the Companies Act precludes proceedings against a company under administration without leave, but does not preclude the company itself from instituting proceedings for its own survival or interests. The applicant's application is competent as the statutory moratorium does not apply to proceedings by the company itself against the administrator or creditor.
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