LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Relief in Writ Not Repeated in Statement of Claim Deemed Abandoned
PRINCIPLE STATEMENT
The court was in error when it held that the appellant had not abandoned the first leg of his claim; by considering and pronouncing on relief in the writ of summons, the trial judge embarked on a fruitless exercise as that relief had been abandoned before trial by the plaintiff; his finding thereon was of no effect.
RATIO DECIDENDI (SOURCE)
"The conclusion I reach is that the court below was in error in the reasons given for allowing the defendant's appeal … The court below, with profound respect to the learned Justices of that court, was clearly in error when it held … that the appellant had not abandoned the first leg of his claim … The court was equally in error to refer to 'respondent's two legs of claims'. By considering and pronouncing on relief (1) in the writ of summons the learned trial Judge embarked on a fruitless exercise as that relief had been abandoned before trial by the plaintiff. His finding thereon was of no effect."
EXPLANATION / SCOPE
This principle applies the supersession rule (Principle 356) to a specific scenario. When relief appears in the writ but not in the Statement of Claim, it is abandoned—conclusively, not presumptively. Courts making findings on such abandoned reliefs: embark on fruitless exercises, produce findings of no legal effect, and waste judicial resources. Such findings are nullities—they don’t bind parties or affect rights. The error affects both trial and appellate courts: trial courts shouldn’t consider abandoned reliefs, and appellate courts shouldn’t uphold findings on them. The abandonment is effective from Statement of Claim filing—once filed without the relief, abandonment is complete without need for formal withdrawal. This strict rule prevents: confusion about what’s actually claimed, litigation on matters plaintiff chose not to pursue, and defendants defending against claims not actually pressed. Parties must carefully ensure Statement of Claim includes all reliefs they wish to pursue—omissions result in irrevocable abandonment.