Principle

CIVIL PROCEDURE — Laches and Acquiescence — Defence Must Be Properly Pleaded with Particulars — Evidence on Unpleaded Facts Goes to No Issue

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Laches and acquiescence must be specifically pleaded with particulars. The principle applies to civil procedure. Unpleaded facts cannot support the defence. The rule ensures fair notice. The court will disregard evidence on unpleaded matters. The principle is well-established.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.