Principle

CIVIL PROCEDURE — Pleadings — Denial of Averments — Effect of Amendment and Specific Denial

Area of law
CIVIL PROCEDURE
Court
Supreme Court

When a defendant amends the statement of defence to specifically deny averments in the statement of claim, the court must recognise that those paragraphs have been denied. An appellate court errs by holding that such paragraphs were not denied. The amendment takes effect from the…

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