Read the full judgment text of CACV 000034/1979 on BabelCite. This Court of Appeal judgment was delivered on 8 October 1980.
1. This is an application to amend a notice of appeal. In respect of some of the grounds it is desired to amend, the amendments are not opposed, but as to two of them (Grounds 4 and 5) they are opposed. The original Ground 4 attacked the refusal of leave to amend the Counterclaim. It was not very happily worded, but in effect it complained that the judge had refused leave to amend the Counterclaim on the ground that the Claimant had no evidence by which he could possibly prove the fraud which he