LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Change of Nature of Claims — Not Permitted
PRINCIPLE STATEMENT
An amendment to change the nature of the claims before the court will not be allowed.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) NLC-1361990(SC) at p. 9; Paras D–E.
"An amendment to change the nature of the claims before the court will not be allowed."
EXPLANATION / SCOPE
Amendments must not fundamentally alter the claim. The principle applies to all civil proceedings. The court will not allow a new cause of action. The rule preserves the original dispute. The opposing party must not be surprised. The principle is well-established.