LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Failure to Join Issue – Effect
PRINCIPLE STATEMENT
Where a party fails to join issue on material facts pleaded by the opposite party, such facts may be deemed admitted. The respondents filed amended statements of claim but refrained from commenting on the new issues raised by the appellants in paragraphs 11 and 12 of their statement of defence touching on the land in dispute.
RATIO DECIDENDI (SOURCE)
"Where a party fails to join issue on material facts pleaded by the opposite party, such facts may be deemed admitted. The respondents filed amended statements of claim but refrained from commenting on the new issues raised by the appellants in paragraphs 11 and 12 of their statement of defence touching on the land in dispute."
EXPLANATION / SCOPE
Failure to join issue on material facts pleaded by the opposite party results in those facts being deemed admitted. The party who fails to respond is taken to accept the allegations. The rule applies to statements of claim and defence. If the plaintiff amends the statement of claim and the defendant does not respond to new issues, those issues are deemed admitted. The principle prevents parties from ignoring pleaded facts. The deemed admission is conclusive for the purpose of the proceedings. The court may rely on admitted facts without proof. The party must specifically deny or traverse material facts. General denials are insufficient. The rule ensures that parties join issues on material facts. Failure to join issue waives the right to contest.
