Close of pleadings Pleadings are considered closed if- either party has joined issue without alleging any new matter, and without adding any further pleading; the last day allowed for filing a replication or subsequent pleading has elapsed and it has not been filed; the parties agree in writing that the […]
pleadings
6 posts
Exception An exception is an interlocutory application procedure. Interlocutory applications are dealt with in the chapter ‘Applications’. Exception can only be taken to a pleading. The purpose is to obtain a speedy and inexpensive decision on a question of law of whether the pleading contains the necessary allegations of fact […]
Special plea A special plea does not raise a defence on the merits of the case but sets up some special defence which has the objective either to – – delay the proceedings (dilatory plea); or – object to the jurisdiction of the court (declinatory plea); or […]
Notice of Intention to Defend The defendant in every civil action shall be allowed ten (10) days after service of summons on him/her within which to deliver a notice of intention to defend, either personally or through his attorney: Provided that the days between 16 December and 15 January, both […]
Pleading stage of proceedings The documents used by a party to proceedings to formulate his case in preparation for the hearing are called ‘pleadings’. The following documents are pleadings: Particulars of claim Declaration Counterclaim Third party claim Interpleader claim Plea, with or without special plea Further pleadings such as rejoinder, […]
Action proceedings Introduction and overview Action proceedings are used when a real and substantial dispute of fact needs to be decided by a court of law. This is done during a trial before a judge or magistrate who must consider not only the balance of probabilities of facts but also […]