Citibank N.A. (Nominees) Ltd. (formerly known as F.N.C.B. Nominees Ltd.) (1st Appellant / 2nd Defendant) v Citibank N.A. (formerly known as First National City Bank N.A.) (2nd Appellant / 3rd Defendant)

Read the full judgment text of CACV 000032/1979 on BabelCite. This Court of Appeal judgment was delivered on 18 January 1980 before Huggins, J.A. and Cons, J..

Civil procedure – pleading – particulars – constructive trust – document effect – negative pregnant – breach of contract damages – The Plaintiff sold shares in Far East Bank Ltd. to the Defendants, with a trust arrangement for re-conveyance upon fulfillment of conditions. The conditions were fulfilled, but the parties disputed the manner of re-conveyance. The Plaintiff claimed a constructive or resulting trust. The Defendants applied for further and better particulars of the Statement of Claim. The Registrar ordered particulars of two paragraphs, but refused others. The judge dismissed the appeal. On further appeal, the Court of Appeal held: (1) The formula 'will refer to documents at trial for their full terms, true meaning and effect' is inconsistent with Order 18 rule 7 and does not require particulars; (2) The Defendants are entitled to particulars of the facts relied upon as creating a constructive trust in paragraphs 12 and 19; (3) There cannot be a negative pregnant in a first pleading, so no particulars are required for paragraph 21; (4) No particulars of damage for breach of contract are required where no damage is pleaded. Appeal allowed only to the extent of ordering particulars under paragraphs 12 and 19.

Legal issues: Particulars of constructive trust · Particulars of document effect · Negative pregnant in first pleading · Particulars of breach of contract damages

Outcome: Appeal allowed in part; order for further and better particulars under paragraphs 12 and 19 of the Statement of Claim.

Cited by 1 case