Subject Matter Index

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Effect of a denial of a fact in a particular paragraph leaving another fact undenied

Effect of an admission in pleadings

Effect of a party departing from his pleadings

Effect of a party's averment which is not denied

Effect of attaching exhibits to pleadings

Effect of averments without evidence in proof

Effect of evidence led in respect of a fact not pleaded

Effect of evidence which is at variance with pleadings

Effect of failure to clearly plead the question of limitation

Effect of failure to file pleadings

Effect of failure to plead "internal mechanisms"

Effect of failure to plead limitation of liability

Effect of failure to plead the defence of limitation

Effect of the defendant's failure to raise objections to factual and documentary pieces of evidence that were not pleaded

Effect of variation in pleadings

Matters that must be specifically pleaded

Meaning and nature of pleadings

Meaning of a frivolous and vexatious pleading

Meaning of a scandalous pleading

Meaning of pleadings

Need for a party who intends to rely on a statute to plead the particular sections

Need for a party who seeks to rely on laches, acquiescence or limitation to plead them

Need for the pleas of limitation and estoppel per rem judicatam to be determined first

Position of the law where a pleader alleges more than is necessary

Purpose of pleadings

Rationale behind the requirement that a legal defence to an action for possession of immoveable property must be pleaded

The aim of pleading

The function of pleadings

The object of pleadings

The position of the law where a party makes an averment and same is not denied by the adversary

The position of the law where there is a departure from pleadings at a trial by one party whereas the other's evidence accorded with his pleadings

The principle that facts not pleaded go to no issue

The principle that pleadings do not constitute evidence

The principle that what is not denied is deemed admitted and what is admitted needs no further proof

the principle that where a party has suffered quantifiable loss as a result of a breach of a right he is required to specifically plead it

The principle that where a party’s evidence is inconsistent with his pleaded case while that of his opponent is consistent with his pleadings, the opponent’s case is preferable to the one who departs from his pleading

The purpose and importance of pleadings

The purpose of pleading material particulars

The reason for the requirement of pleading limitation

The reasons for requiring that estoppel should be pleaded

The requirement of the law for pleadings in a defamation action

The rule that a party cannot set up a case inconsistent with his pleadings

The rule that a party is bound by admissions contained in his own pleadings

The rule that every matter which will take the other party by surprise should be pleaded

The rule that parties are bound by their pleadings

The rule that that a court of law is not entitled to raise an issue ex proprio motu outside the confines of the pleadings

The rule that what is admitted on the pleadings needs no further proof

The rule that where an averment is made that is not challenged, the one making the averment need not lead evidence in proof of it

What amounts to admission of fact in a pleading

What a plaintiff must allege for his action or tort of conversion or for money had and received against the first defendants to be maintainable

What constitutes pleadings

When an averment which is denied will be proved

Whether a court can decide the claims of the parties in a manner inconsistent with what parties have put forward in their pleadings

Whether a defendant is entitled to plead all defences jointly or in the alternative

Whether a denial is the same as a refusal to admit

Whether a judgment can substitute a claim or defence for the one pleaded and base his judgment on it

Whether a limitation statute must be specifically pleaded

Whether an affidavit can be used to respond to depositions of fact in a pleading

Whether an application for certiorari is a pleading

Whether an averment made by a party and denied can be proved by going into the witness box and repeating the averment on oath

Whether an Entry of Appearance qualifies as a pleading

Whether a notice of entry of appearance forms part of pleadings

Whether a party can approbate and reprobate on his pleadings

Whether a party can depart from his pleadings

Whether a party can make an assertion contrary to what is contained in the pleadings

Whether a party is expected to plead evidence

Whether a party who seeks to rely on the breach of a statute must plead it and make it an issue for trial

Whether a pleading is bad simply because it does not come up to the standard of "Bullen and Leake"

Whether a pleading to the effect that one could neither admit nor deny an averment is a valid denial

Whether averments relating to misrepresentation, fraud and undue influence must be pleaded with particulars

Whether details of a medical report should be stated in pleadings

Whether documents should be attached to pleadings

Whether estoppel must be specifically pleaded

Whether evidence is admissible where an application is made on the ground that the pleading discloses no reasonable cause of action

Whether evidence should be pleaded

Whether extrinsic evidence is admissible in considering whether a pleading is frivolous or vexatious

Whether failure to file a reply to rebut an averment in a statement of defence amounts to an admission

Whether failure to plead certain matters with particulars entitles a court to dismiss an action on the ground that the pleadings do not disclose any reasonable cause of action

Whether formal denials without evidence in proof is sufficient

Whether illegality must be pleaded; whether the court will take notice of illegality where the party relying on it fails to plead it

Whether illegality must be specifically pleaded

Whether it is adequate to plead facts without mentioning the legal consequences which the party will contend flow from the existence of those facts

Whether it is appropriate to file one statement after another in the same case without making the proper application for amendment or substitution or both

Whether it is competent for a plaintiff to introduce new matter by way of set-off or by way of controverting the statements in the defence

Whether it is necessary to set forth the legal conclusion which the party will ask the Court to adopt

Whether it is the defendant’s responsibility to raise the defence of statute of limitation

Whether parties and the court are bound by pleadings

Whether pleadings constitute evidence

Whether pleadings include an application for judicial review

Whether pleadings should be limited to a recital of denials and non-admissions

Whether repeating averments in the pleadings amounts to proof of facts contained therein

Whether res judicata must be specifically pleaded

Whether the chances of the plaintiff’s case succeeding in the light of the defendants’ pleading is a matter that should be determined by evidence led

Whether the court can consider evidence on a matter not pleaded

Whether the fact that a party replied in the negative to whether he intends to amend his pleadings in the pre-trial check list precludes him from seeking an amendment in the future

Whether the Judge will decline to consider a matter or a statute which was not pleaded

Whether the rule that a party cannot set up a case contrary to his pleadings is an absolute rule

Whether time runs during the vacation period with respect to the filing of pleadings

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