1.0 INTRODUCTION:
By her Amended Writ of Summons, the Plaintiff seeks declaration of title to the land described in paragraph 1 in the indorsement on the writ of summons, damages for trespass and an order for perpetual injunction.
1.1 The Plaintiff’s Amended Writ of Summons was accompanied by Amended Statement of Claim which was made up of 15 paragraphs explaining in details the basis of the Plaintiff’s claim.
1.2 Upon the Service of the writ on him, the Defendant caused an appearance to be entered for him by his lawyers and followed it up with a Statement of Defence which also contained a counterclaim which was made up of 19 paragraphs.
1.3 Although the Plaintiff amended her writ the Defendant however did not amend his Statement of Defence or the Counterclaim.
1.4 Per his Statement of Defence and Counterclaim, the Defendant generally denied every allegation of fact contained in the Plaintiff’s Statement of Claim and/or the Amended Statement of Claim.
1.5 It is important t…