Principle

CIVIL PROCEDURE – Pleadings – Estoppel Must Be Specifically Pleaded and Cannot Be Raised Suo Motu

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Estoppel is a specific defense requiring detailed pleading of: (1) the representation made; (2) reliance thereon; (3) detriment suffered; (4) why the representor should be estopped. Courts cannot raise estoppel sua sponte (on their own motion) because: (1) parties must know the case they face;…

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