Principle

CIVIL PROCEDURE – Pleadings – Relief in Writ Not Repeated in Statement of Claim Deemed Abandoned

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This principle applies the supersession rule (Principle 356) to a specific scenario. When relief appears in the writ but not in the Statement of Claim, it is abandoned—conclusively, not presumptively. Courts making findings on such abandoned reliefs: embark on fruitless exercises, produce findings of no…

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